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HomeMy WebLinkAbout2019 11 06 Staff ReportNOTICE 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, November 6, 2019 at 5:30 PM. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: October 31, 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 November 6, 2019. Lourdes Morales, Chief Deputy City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING Please note time and NOVEMBER 6, 2019 o�at�on 5:30 PM CITY HALL - 3' 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 • Downtown Beautification Presentation Presented by Director of Public Works Sam Gutierrez • Rent Stabilization Presentation Presented by City Attorney Robert Tafoya and Director of Community Development Benjamin Martinez RECESS TO CLOSED SESSION 1. Public Employee Appointment Pursuant to Government Code §54957: Position: Chief of Police 2. Public Employee Pursuant to Government Code §54957: Position: Pubic Works Manager 3. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: Agency Designated Representative: Rebecca T. Green, Richards Watson Gershon, Shannon Yauchzee, Chief Executive Officer, and Laura Thomas, Human Resources/Risk Manager Employee Organizations: Baldwin Park City Employees Association (CEA) Baldwin Park Classified Confidential Employees Association (CCEA) Baldwin Park Classified Management Employees Association (CMEA) Baldwin Park Police Management Employees Association (PMEA) Baldwin Park Police Association (POA) Service Employee International Union (SEIU) 4. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. 5. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Salcedo v. City of Baldwin Park Case Name: City of Baldwin Park v. City of Irwindale Case Name: Velasco v. City of EI Monte Case Name: Young H. Kim v. City of Baldwin Park Case Name: Robert Ehlers v. COBP Case Name: Sylvia Keef v. City of Baldwin Park Case Name: Shawn Blackburn v. City of Baldwin Park Case Name: Ricardo Pacheco v. Greg S. Tuttle Case Name: Dalewood Holding v. City of Baldwin Park Case No. BC676398 Case No. BS163400 Case No.19-STCV-13639 Case No. 19-STCV-31246 Case No. 19-144091 WCC No. ADJ10883695 WCC No. ADJ11236674 Case No. B270171 Case No.CV19-01212-SVW-GJS 6. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of November 6, 2019. �O)urdes 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-mail lmorales(a-Maldwinpark.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() AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING NOVEMBER 6, 2019 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 Zoo\r1VAL�ILEY a`'{ ORg7 D JANVP 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 FOR 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 est6 bajo su jurisdiccibn. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podr6 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 int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the City Council that is distributed to the City Council 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, 730 a. /77. - 6:00 p.m.) t Zoo\r1VAL�ILEY a`'{ ORg7 D JANVP 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 FOR 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 est6 bajo su jurisdiccibn. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podr6 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 int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the City Council that is distributed to the City Council 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, 730 a. /77. - 6:00 p.m.) CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tem Monica Garcia and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS • None Listed PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos seri el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome accion en algGn asunto a menos que sea incluido en la agenda, o a menos que exista algGna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaracidnes o preguntas hechas porpersonas; o 2) Dirigirpersonal a investigary/o fijarasuntos para tomaren consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. 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 October 2, 2019. B. Meeting Minutes of the Regular City Council Meeting held on October 2, 2019. C. Meeting Minutes of the Special City Council Meeting held on October 22, 2019. City Council Agenda Page 2 3. Claim Rejection Staff recommends that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): Ehlers, Robert Claimant alleges the City violated his 1 st amendment. Heirs/Estate of Luz Maria Urias Claimant alleges that the street constitutes a dangerous condition. Martinez, Andres Claimant alleges damages in the amount of $100.00 from his arrest by the BPPD. Perez, Rosa Claimant alleges damages in the amount of $1,600 from city owned tree. Martinez, Eva Claimant alleges damages in the amount of $225.00 from city owned trees. 4. Accept Plans and Specifications, and Authorize Publishing of a Notice Inviting Bids for Project No. CIP20-022 — Maine Avenue Complete Street Improvements, Phase 1B It is Staff's recommendation that the City Council: 1. Accept the plans and specifications for Project No. CIP20-022, Maine Avenue Complete Street Improvements Phase 1 B; and 2. Authorize Staff to publish a Notice Inviting Bids 5. Award of Bid for City Project No. CIP20-178 — Puente Avenue Street Improvements between Francisquito Avenue and Central Avenue It is staff's recommendation that the City Council: 1. Approve and award the contract to Gentry Brothers, Inc. of Irwindale, CA in the amount of $ 1,071,867.50; 2. Authorize an expenditure in the amount of $88,900 from the approved FY 2019-20 operations budget Acct.#245-50-580-58110-15547 for purchase and installation of bus shelters and trash cans equipment; 3. Authorize the Director of Finance to appropriate Prop A Funds #244 in the amount of $42,454.25 and appropriate Street Lighting and Landscape Funds #251 in the amount of $66,850.00 for a total amount of $109,304.25; and 4. Authorize the Mayor and City Clerk to execute the contract for Puente Avenue Street Improvements project. City Council Agenda Page 3 6. Second Reading of Ordinance No. 1441 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 150 to Title XV of the Baldwin Park Municipal Code, Adopting by Reference, Title 24 of the California Code of Regulations, Specifically Adopting the 2019 California Building Code, 2019 California Residential Code with Appendices I and K, 2019 California Existing Building Code, 2019 California Mechanical Code, 2019 California Plumbing Code, 2019 California Electrical Code, 2019 California Green Building Standards Code, 2019 California Energy Code, 2019 Historical Code, 2019 California Reference Standards Code, 2019 California Fire Code and 2020 Los Angeles County Fire Code, Including all Appendices, as Mandated by California Health and Safety Code Section 18938" Staff recommends that the City Council waive reading and adopt Ordinance No. 1441, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 150 OF TITLE XVAND ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2019 CALIFORNIA BUILDING CODE, 2019 CALIFORNIA RESIDENTIAL CODE WITH APPENDICES I AND K, 2019 CALIFORNIA EXISTING BUILDING CODE, 2019 CALIFORNIA MECHANICAL CODE, 2019 CALIFORNIA PLUMBING CODE, 2019 CALIFORNIA ELECTRICAL CODE, 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2019 CALIFORNIA ENERGY CODE, 2019 CALIFORNIA HISTORICAL CODE, 2019 CALIFORNIA REFERENCE STANDARDS CODE, 2019 CALIFORNIA FIRE CODE AND 2020 LOS ANGELES COUNTY FIRE CODE, INCLUDING ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938". 7. Approval of a 3 -Party Agreement between ECORP Consulting, Inc. and the City of Baldwin Park for CEQA Related Services for a Proposed Two (2) Story, 15,635 S.F. Industrial Commercial Building at 13057-13065 Garvey Avenue Staff recommends that the City Council approve the 3 -party Agreement with ECORP Consulting Inc. in the amount of $50,465.55 for environmental consulting services and authorize the Mayor to execute the Agreement. 8. Adopt Resolution 2019-048 and Approve the Purchase of Real Property Located at 14824 Ramona Boulevard (APN: 8437-014-014) Staff recommends that the City Council approve the purchase of the real property located at 14824 Ramona Boulevard for the amount of $725,000 from the Future Development Fund ("FDF"). Staff further recommends that the City Council take action on the following: 1. Approve the Resolution entitled "A Resolution of the City Council of the City of Baldwin Park Authorizing the Purchase of the Real Property located at 14824 Ramona Boulevard (APN 8437-014-014) in the City of Baldwin Park and Authorizing the Mayor to Execute Documents Relating to Same"; and 2. Approve Purchase and Sale Agreement; and 3. Authorize the Chief Executive Officer and the City Attorney to carry out all subsequent and needed action to complete the purchase of the property. City Council Agenda Page 4 9. Adopt Resolution 2019-049 and Approve the Purchase of Real Property Located at 14801 Badillo Street (APN: 8437-013-026 and APN: 8437-013-027) Staff recommends that the City Council approve the purchase of the property located at 14801 Badillo Street for the amount of $450,000 from the Future Development Fund ("FDF"). Staff further recommends that the City Council take action on the following: 1. Approve the Resolution entitled "A Resolution of the City Council of the City of Baldwin Park Authorizing the Purchase of Real Property located at 14801 Badillo Street (APN: 8437-013-026 and APN: 8437-013-027) in the City of Baldwin Park and Authorizing the Mayor to Execute Documents Relating to Same"; and 2. Approve Purchase and Sale Agreement; and 3. Authorize the Chief Executive Officer and the City Attorney to carry out all subsequent and needed action to complete the purchase of the property. 10. Request for Authorization to Purchase a Bi -Directional Antenna for the new Police Department/ Public Works Radio System Staff recommends that the City Council: 1. Waive the formal bidding process for this purchase; and 2. Authorize the Police Department to purchase the requested bi-directional antenna; and 3. Authorize the Director of Finance to appropriate an additional $31,020.03 form account #209-30-370-58110-13022; and 4. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase and installation. 11. Approve Ratification of an Employment Agreement with ShaoYin Wei, Accounting Manager Staff recommends that the City Council Wei, for employment as the Accounting Mayor PUBLIC HEARING ratify the employment agreement with ShaoYin Manager, and authorize its execution by the 12.An Urgency Ordinance of the City of Baldwin Park to Temporarily Stabilize Rents in the City Staff recommends that the City Council Approve, Ratify, and Adopt an Urgency Ordinance No. 1444 authorizing a 180 day temporary freeze on rents and requiring "just cause to evict a tenant in the City of Baldwin Park during the 180 day period described above". 13.Appeal of Conditional Use Permit No. 882, and a Design Exception for the Construction of a 52 -Foot Tall Mono -Eucalyptus Wireless Telecommunication Facility Located in a Residential Zone, Pursuant Table 153.180.050 in the City's Municipal Code. (Location: APN 8460-001-900 and 8460-001-901; Applicant: Verizon Wireless — Reliant Land Services c/o Stella Shih) Staff recommends that the City Council adopt Resolution 2019-047 upholding the Planning Commission's decision and approve Conditional Use Permit No. 882. City Council Agenda Page 5 14.A Request to the City Council from the Planning Commission on an Amendment to City of Baldwin Park Municipal Code Chapter 127 and Chapter 153 Table 153.050.020, Section 153.120 and Table 153.150.040 (AZC 19-01) Relating to Commercial Cannabis Use (Location: all Industrial Commercial (IC) and Industrial (1) Zoning Designations; Applicant: Distinct Indulgence; Case Number: AZC 19- 01) Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1442, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 127 OF TITLE XI OF THE CITY'S MUNICIPAL CODE"; and Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1443, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING TABLE 153.050.020, SECTION 153.120, AND TABLE 153.150.040 OF CHAPTER 153 OF THE CITY'S MUNICIPAL CODE REALTING TO COMMERCIAL CANNABIS USE". REPORTS OF OFFICERS 15. Review of Commission Applications and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning, and Recreation Commissions Staff recommends that the City Council review all commission applications and make respective appointments. 16.Approve and Adopt Resolution No. 2019-050 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City", and Review and Appoint Members to the San Gabriel Valley Mosquito & Vector Control District, as Appropriate Staff recommends that the City Council rescind Resolution 2019-015 and complete the review and appointment of delegate and alternate to the San Gabriel Valley Mosquito & Vector control District in Resolution No. 2019-050, entitled: "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City". CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS None Listed ADJOURNMENT City Council Agenda Page 6 CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 31St day of October 2019. Lourdes Morales, Chiet 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. 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(o)-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 7 ITEM NO. "!�!•`` TO: Honorable Mayor and Members of the City Council BOF.,- FROM: Rose Tam Director of Finance �r ABR EL e y ,t DATE: November 6, 2019 - JAN0SUBJECT: 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 payroll for the last period was $1,038,209.81 and the attached General Warrants Register was $ $1,724,804.44 for a total amount of $ $ $2,763,014.25. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: The last payroll of the City of Baldwin Park consists of check numbers 200505 to 200554. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 16608 to 17161 for the period of September 8, 2019 through October 5, 2019, inclusive; these are presented and hereby ratified in the amount of $1,038,209.81. 2. General Warrants, with the bank drafts in the amount of $502,545.60 and checks from 226041 to 226462 in the amount of $ $1,222,258.84 for the period of September 24, 2019 to October 17, 2019, inclusive; in the total against the City of Baldwin Park, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register amount of $1,724,804.44 constituting of claims and demands are herewith presented to the City Council as required by law, Attachment 1 Check Register U' Z Y J � � d Z O W O Q Q Z Z N Z m m W w w U �- QF - W Fm- u u == w O O Q >. Q w w w d m D I- Z 2 +L-' Y Y oo z z Z Z Q U U J J m W W W W N D of Q c L O O Q Q Q g -� w w w w w o o U � �= �� Z v~i w in W w Y F- F- w w w w Cc w in m w z U>> ('J U= w w w w w W U w- w o O o o j m D cn w w w LL a 2 w in w w z � � } H F- w 9. n. F- m m > F- F- F- F' Z F- w .� 2 w a �- U c n. n. O Q 2 2 cn in in m a. n. 2 2 Q Q Q >- Y Y Y Y w Y Z Q LL w a a U a a > O O O w w u�. 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STAFF REPORT pLD{,y �, - TO: HU OF '� ,7 H E '9� FROM: SAN GABR,IEL e i DATE: Z10 VALLEY �°' °Rq�o�AN�P�ti SUBJECT: CI IRARA A w Honorable Mayor and Members of the City Council Lourdes Morales, Chief Deputy City Clerk �N- November 6, 2019 Meeting Minutes The City Council held a Special and a Regular City Council Meeting on October 2, 2019. 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 October 2, 2019. B. Meeting Minutes of the Regular City Council Meeting held on October 2, 2019. C. Meeting Minutes of the Special City Council Meeting held on October 22, 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 October 2, 2019 2. Regular Meeting Minutes of October 2, 2019 3. Special Meeting Minutes of October 22, 2019 Attachment 1 Special Meeting Minutes of 10/2/19 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING OCOTBER 2, 2019, 5:30 P.M. 3rd Floor Conference Room 307 - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:30 pm by Mayor Lozano. ROLL CALL PRFSFNT- Council Member Alejandra Avila Council Member Paul C. Hernandez Mayor Pro Tem Monica Garcia arrived to the meeting at 5:49 pm. Mayor Manuel Lozano ABSENT: Council Member Ricardo Pacheco MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to excuse Council Member Pacheco from the meeting. Motion carried by unanimous consent. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:30 pm. Seeing no one wishing to speak, Mayor Lozano closed Public Communications at 5:30 pm. OPEN SESSION • Paving on Pacific Presentation Presented by Director of Public Works Sam Gutierrez Steve and Kevin provided an overview of the paving projects on Maine Avenue and Pacific Avenue. Steve stated the first phase had been completed and phase 1a and 1b was in plan check for final design estimated to be constructed in 2020. Kevin provided two options to add bike lanes to these projects. Discussion was held amongst the City Council concerning pedestrian safety measures and whether the design of these streets accommodated fire engines, with staff responding by stating that complete streets naturally calm traffic and these streets were fit to accommodate commercial vehicles. The City Council unanimously agreed to choose the top design of the presentation. Sam Gutierrez informed the City Council that this project was fully grant funded along with the projects that had already been completed. Special Meeting of 10/2/19 Page 1 of 3 • Public Art Presentation Presented by Director of Public Works Sam Gutierrez Helen Hernandez, Recreation Program Supervisor provided an overview of the collaborative efforts between the Department of Recreation and the art consultants to conduct outreach for the Public Art Piece to be displayed the city's downtown area. Baker + Associates Consultant Claudia stated their art piece was inspired by a historical photo showcasing a suspended structure and the cultural diversity within the community. Thus, they presented the City Council with modified versions of their art by presenting options such as (1) suspended wheels of papel picado, (2) mini wagon wheels that create a curtain like look, and (3) a sheet of metal creating a fabric like design portraying a "woven community". After discussion amongst the City Council on their preferences, the City Council directed staff to bring back this item for future consideration at a later time. The City Council recessed into closed session at 6:13 p.m. RECESS TO CLOSED SESSION 1. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. B. Property: 14751 Badillo Street (Red Car Building) Negotiating Parties: City of Baldwin Park and Palmera Community Association C. Property: 14824 Ramona Boulevard (Royal Coaches) Negotiating Parties: City of Baldwin Park and James Salazar and William Salazar 2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: Agency Designated Representatives: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Employee Organizations: Baldwin Park City Employees Association (CEA) Baldwin Park Classified Confidential Employees Association (CCEA) Baldwin Park Classified Management Employees Association (CMEA) Baldwin Park Police Management Employees Association (PMEA) Baldwin Park Police Association (POA) Special Meeting of 10/2/19 Page 2 of 3 Service Employee International Union (SEIU) 3. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Salcedo v. City of Baldwin Park Case Name: City of Baldwin Park v. City of Irwindale Case Name: Velasco v. City of EI Monte Case Name: Young H. Kim v. City of Baldwin Park Case No. BC676398 Case No. BS163400 Case No.19-STCV-13639 Case No. 19-STCV-31246 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): Two (2) 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 Avila, to adjourn the meeting at 7:08 p.m. Manuel Lozano, Mayor ATTEST: Jean M. Ayala, City Clerk "May-061TAVII 7i Special Meeting of 10/2/19 Page 3 of 3 Attachment 2 Regular Meeting Minutes of 10/2/19 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING October 2, 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 7:10 p.m. INVOCATION The invocation was provided by Pastor Jackson and Pastor Flores. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez Mayor Pro Tem Monica Garcia Mayor Manuel Lozano MEMBERS ABSENT: Council Member Ricardo Pacheco REPORT ON CLOSED SESSION Mayor Lozano announced no reportable action was taken. MOTION: Mayor Lozano made a motion, seconded by Council Member Avila to excuse Council Member Pacheco from the meeting. Motion carried by unanimous consent. ANNOUNCEMENTS Mayor Lozano requested the meeting be adjourned in memory of Dante Davis who was a coach in the City of Baldwin Park; Linda Escalera, and Mayor Pro Tem Monica Garcia's late grandmother Maria E. Garcia. The Mayor announced Dia de Los Muertos event and the Senior Prom at the Marriott next week. City Treasurer Maria Contreras requested the meeting be adjourned in honor or the firefighter from Baldwin Park who lost his life. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Census Presentation Helen Hernandez Recreation Supervisor provided an overview of the upcoming Census, which would be conducted electronically and invited the community to attend their committee meeting on Tuesday. Fred Mariscal provided a PowerPoint presentation highlighting the importance of counting all individuals to be well represented in parliament and receive appropriate funding. Mayor Lozano inquired whether the president would be receiving the count first. Mr. Mariscal stated that the president would initially be viewing the count and delivered to the State in March and become public record shortly thereafter. • Homeless Status Update Presentation Presented by Program Supervisor Yuriko Ruizesparza Ms. Ruizesparza provided a PowerPoint presentation with updates on the homeless status and funding they have received. She also stated the community conducted meetings where they were able to strategize a plan for the City of Baldwin Parks needs and formulate 5 goals. Yuriko reported the city received the maximum amount for the city level Planning Grant implementation of $300,000 to explore hotels/motels style housing, multi home dwellings, and scattered housing. Additionally, the City of Baldwin Park partnered with the City of EI Monte and South EI Monte to obtain $698,400 for additional housing projects and capital improvement projects. Yuriko provided additional opportunities for other housing developments. Mayor Lozano thanked Yuriko for the presentation and announced he attended the LA County event they held for rent stabilization and reported on the homeless issues. Council Member Hernandez asked whether the coordinator would be a Baldwin Park employee. Ms. Ruizesparza stated this city was the lead agency and would probably have an in- house representative. Council Member Avila thanked staff for their efforts and stated she has been working closely with homeless groups. Council Member Avila requested a rent control ordinance be placed on the next agenda and also bring forth a rent freeze ordinance. Council Member Hernandez piggybacked on Council Member Avila's comments and stated he has worked with stakeholders and staff to introduce a rent control ordinance at the next meeting for City Council's consideration. Regular Meeting of 10/2/19 Page 2 of 7 • Proclamation in Honor of Jose "Chop" Zepeda for Earning by Unanimous Decision the Vacant World Boxing Council United States (USNBC) Super Light Weight Title at 140 lbs. The City Council played a video highlighting his win and provided Mr. Zepeda with a proclamation. Jose Zepeda thanked the City of Baldwin Park for all it has done for him and his career. • Domestic Violence Awareness Month Proclamation The City Council presented the proclamation to Cynthia Espinoza • National Breast Cancer Month Proclamation The City Council presented the proclamation to Cynthia Espinoza • Census Proclamation The City Council presented the proclamation to Helen Hernandez. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:02 p.m. and noted that each speaker was permitted a total of three (3) minutes to speak. Irene Bobadilla, General Manager at Think Together provided an overview of their afterschool program and invited all to attend their Lights on After School on October 24tH Katherine Loeser Library Manager, announced they had received new computers and provided the schedule of upcoming events. 4 unknown speakers, Julia Patron, Lucia, Dan Hennessey, Jose Mendoza and Beatriz Ramirez spoke in opposition to the proposed Planned Parenthood clinic. Erica Estrada shared her concern on an incident involving her nephew and the Baldwin Park Police Department. She requested the city conduct an investigation on the incident. Mr. Luna spoke on the display of signs with sticks and commented on the amount of debt the city owes. Mr. Rios commented on the late Mayor's father home loan; expressed concern in regards to the cannabis businesses; thanked Public Work's staff for addressing his requests; and commented on the Planned Parenthood clinic. Regular Meeting of 10/2/19 Page 3 of 7 Beatriz Sandoval thanked Recreation staff for their presentation and provided an updated on her efforts with the homeless initiative. Mayor Lozano closed public communications at 8:48 p.m. Mayor Lozano stated he did not support Planned Parenthood and did not endorse this clinic. Additionally, Mayor Lozano stated that the incident with the young man who was arrested was currently being investigated and provided feedback on the comments made by speakers. Council Member Avila stated she met with representatives from Planned Parenthood and expressed she would love to continue with their business so long as they removed abortions from their services, which they refused to do. Moreover, Council Member Avila thanked staff for their efforts to combat the homeless issue. 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. MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to add Subsequent Need Item 10 (SNI -10) to the consent Calendar. Motion carried by unanimous consent. MOTION: It was moved by Council Member Pacheco, seconded by Council Member Hernandez to approve the Consent Calendar. Motion carried by unanimous consent. 1. Warrants and Demands The City Council ratified the attached Warrants and Demands Register. 2. Meeting Minutes The City Council received and filed the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meeting held on September 18, 2019, B. Meeting Minutes of the Regular City Council Meeting held on September 18, 2019. C. Meeting Minutes of the Special City Council Meeting held on March 4, 2019. 3. Accept Plans and Specifications, and Authorize Publishing of a Notice Inviting Bids for Project No. CIP20-178 — Puente Avenue Street Improvements between Francisquito Avenue and Central Avenue The City Council: 1. Approved the plans and specifications for Project No. CIP20-178, Puente Avenue Street Improvements; and 2. Authorized Staff to publish a Notice Inviting Bids. Regular Meeting of 10/2/19 Page 4 of 7 4. Request to Appropriate Additional Funds for City Project No. 2018-0241 (CIP 19- 20) — Natural Gas (CNG) Fast -Fill Facility The City Council: 1. Authorized the Mayor to execute Amendment No. 2 for additional services in an amount not -to -exceed $36,787; and 2. Authorized the Finance Director to appropriate additional funds in the amount of $21,787 from Fund 244 — Prop A to Acct. #244-50-520-58100-15507 for additional contract administration services required for completion of the CNG Fast -Fill Station Project. 5. Resolution Endorsing and Authorizing Staff to File an Application for the Senate Bill 2 Planning Grants Program The City Council adopted Resolution No. 2019-046 endorsing and authorizing staff to file an application for Senate Bill 2 Planning Grants. 6. Approve a One -Time City -Hall Closure, and Provide General Employees 20 Hours of Holiday Leave Time for December 23rd and 26th, 2019 The City Council directed the CEO to close City Hall December 23 and 26 of 2019, and take necessary steps to notify the public and provide Holiday Leave time for General Employees (CEA, CSMA, and CCEA), Managers and Directors for those two days. SNI -10. Reopen the Vacant Accounting Manager Position The City Council approved the reopening of the vacant Accounting Manager position and freezing of the Assistant Accounting Manager position after the hiring of the Accounting Manager. PUBLIC HEARING 7. 5 -Year Capital Improvement Project (CIP) Budget for Fiscal Year 2019-20 to 2023- 24 The Mayor opened the public hearing at 8:57 pm. Seeing no one wishing to speak, Mayor Lozano closed the Public Hearing at 8:57 pm MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to approve the 5 -years CIP program and additional operation budget for Fiscal Year 2019- 20. Motion carried by unanimous consent. Regular Meeting of 10/2/19 Page 5 of 7 8. Introduce Ordinance No. 1441, Adopting the 2019 California Building Code, 2019 California Residential Code with Appendices I and K, 2019 California Existing Building Code, 2019 California Mechanical Code, 2019 California Plumbing Code, 2019 California Electrical Code, 2019 California Green Building Standards Code, 2019 California Energy Code, 2019 California Historical Code, 2019 California Reference Standards Code, 2019 California Fire Code, and 2020 Los Angeles County Fire Code The Mayor opened the public hearing at 8:59 pm. Seeing no one wishing to speak, Mayor Lozano closed the Public Hearing at 8:59 pm MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to open the Public Hearing, and following the Public Hearing, introduced for first reading by title only, Ordinance No. 1441 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDINGCHAPTER 150 OF TITLE XV AND ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2019 CALIFORNIA BUILDING CODE, 2019 CALIFORNIA RESIDENTIAL CODE WITH APPENDICES I AND K, 2019 CALIFORNIA EXISTING BUILDING CODE , 2019 CALIFORNIA MECHANICAL CODE, 2019 CALIFORNIA PLUMBING CODE, 2019 CALIFORNIA ELECTRICAL CODE, 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2019 CALIFORNIA ENERGY CODE, 2019 CALIFORNIA HISTORICAL CODE, 2019 CALIFORNIA REFERENCE STANDARDS CODE, 2019 CALIFORNIA FIRE CODE AND 2020 LOS ANGELES COUNTY FIRE CODE, INCLUDING ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938". Motion carried by unanimous consent. REPORTS OF OFFICERS 9. Review of Commission Applications 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 Council Member Pacheco to table the item to the next regularly scheduled meeting. Motion carried by unanimous consent. Regular Meeting of 10/2/19 Page 6 of 7 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS None Listed 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 Hernandez, to adjourn the meeting at 9:00 p.m. Mayor: ATTEST: Manuel Lozano, Mayor Jean M. Ayala, City Clerk APPROVED: Regular Meeting of 10/2/19 Page 7 of 7 Attachment 3 Special Meeting Minutes of 10/22/19 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING OCTOBER 22, 2019, 6:00 P.M. 31d Floor Conference Room 307 - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:01 pm by Mayor Lozano. ROLL CALL PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez Mayor Manuel Lozano ABSENT: Council Member Ricardo Pacheco Mayor Pro Tem Monica Garcia PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:01 pm. Seeing no one wishing to speak, Mayor Lozano closed Public Communications at 6:01 pm. The City Council recessed into closed session at 6:02 p.m. RECESS TO CLOSED SESSION 1. Public Employment Appointment Pursuant to Government Code §54957: Position: Chief of Police REPORT ON CLOSED SESSION Mayor Lozano announced no reportable action was taken. Special Meeting of 10/22/19 Page 1 of 2 ADJOURNMENT There being no further business, motion was made by Mayor Lozano, seconded by Council Member Avila, to adjourn the meeting at 6:32 p.m. Manuel Lozano, Mayor ATTEST: Jean M. Ayala, City Clerk "T NZ11:Zely,U:a Special Meeting of 10/22/19 Page 2 of 2 ITEM NO. 1 5 �FTO: Honorable Mayor and Members of the City Council A i 11 1 U41 F \ r VTHE, `A FROM: Shannon Yauchzee Chief Executive Officer • is °, - 1 • f Laura J. Thomas, Human Resources & Risk Manage Z ; SANGABRIEL %'h) �( 0 ",\, V A L LEY,\ �DJAW , DATE: November 6, 2019 SUBJECT: Claim Rejection SUMMARY This report seeks City Council consideration and direction to reject the Claims for Damages to person or property received for filing against the City of Baldwin Park. RECOMMENDATION Staff recommends that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): Ehlers, Robert Claimant alleges the City violated his 1St amendment. Heirs/Estate of Luz Maria Urias Claimant alleges that the street constitutes a dangerous condition. Martinez, Andres Claimant alleges damages in the amount of $100.00 from his arrest by the BPPD. Perez, Rosa Claimant alleges damages in the amount of $1,600 from city owned tree. Martinez, Eva Claimant alleges damages in the amount of $225.00 from city owned tree. This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers. FISCAL IMPACT Fiscal impact is unknown at this time. BACKGROUND In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action. ALTERNATIVES There are no other alternatives for the Council to consider since rejection of the claims is necessary for the Statute of Limitations to begin on the claims received. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ITEM NO. STAFF REPORT ,6p.LD�y TO: Honorable Mayor and Members of the Ciity Council r A. HUB OF �� FROM: Sam Gutierrez, Director of Public Works -; U THE ' DATE: November 6, 2019 SAN GABRIEL n Zoo 1 vAL`ev ^Q" SUBJECT: Accept Plans and Specifications, and Authorize Publishing of a qrl�b,JAN13 Notice Inviting Bids for Project No. CIP20-022 — Maine Avenue Complete Street Improvements, Phase 1 B SUMMARY This item will authorize the publishing of a Notice Inviting Bids for City Project No. CIP 20-022 — Maine Avenue Complete Street Improvements Phase 1 B. This project is the second phase of the City's first "Complete Streets" project along Maine Avenue from Olive Street to Arrow Highway. The project consists of construction of sidewalk extensions, bulb -outs, ADA curb ramps, landscaped rain gardens, catch basin relocations, installation of Class II Bike Lanes, roadway resurfacing, street landscape and irrigation. RECOMMENDATION It is Staff's recommendation that the City Council: 1. Accept the plans and specifications for Project No. CIP20-022, Maine Avenue Complete Street Improvements Phase 113; and 2. Authorize Staff to publish a Notice Inviting Bids. FISCAL IMPACT There is no fiscal impact to the General Fund. The project will be funded with Federal Safe Route To School and SB1 Funds. BACKGROUND The City of Baldwin Park solidified its commitment to the Complete Streets philosophy through the adoption of a comprehensive Complete Streets Policy in August of 2011, the creation of the Manual for Living Streets Design in May 2012 and the adoption of a resolution establishing a Green Streets Policy in December 2013. The Complete Streets Policy came about from significant community involvement going back to the Walk Baldwin Park Walkability Audit and Assessment in 2006, followed by the Summer Community Workshops in 2009, the Local Government Commission 5 -Day Design Fair in 2010 and the Complete Streets Community Meeting in late 2010. Throughout this period the City worked closely with its community partners including the Baldwin Park Resident Advisory Council, the People on the Move Collaborate, California Center for Public Health Advocacy and the Healthy Teens on the Move group. Through the collaborative efforts of the City and its community partners Maine Avenue between Los Angeles Street and Arrow Highway was identified as a priority location that would benefit greatly by the implementation of the Complete Streets Policy, Living Streets Manual and Green Streets resolution. The City received its first grant for improvements along Maine Avenue and in line with the Complete Streets Policy in October 2011. The Grant was in the amount of $1,000,000 and included pedestrian and bicycle safety improvements through the Federal Safe Routes to School (SRTS) Program. In August 2014, the City was awarded another Grant in the amount of $2,201,000 through the Active Transportation Program (ATP), Cycle 1 for additional Complete Street improvements along the same route as the Federal SRTS Grant. On January 19, 2017, the California Transportation Commission (CTC) approved the allocation of the ATP Grant Funds. This action also set the timeline for completion of the improvements and required that construction commence within six (6) months of CTC approval. Due to the complex and strenuous federal approval process, the City did not obtain Federal construction authorization for the SRTS portion of the project in time to meet the ATP deadline. In an effort to meet this requirement and avoid losing the funds, staff separated the project into two (2) phases — Phases 1 A and 1 E3. DISCUSSION On January 14, 2018 Phase 1A of the project was noticed for inviting bids. On January 30, 2018, Council awarded a construction contract that included a reduction of scope that was negotiated with the contractor to bring the project within budget. The reduced scope of improvements was moved to Phase 1B. On February 6, 2019, City Council accepted and authorized the filling of a Notice of Completion for Phase 1A. This item accepts and approves the plans and specifications that have been completed for Phase 113 of the project and authorizes -the publishing of a Noticed Inviting Bids. The Project will continue the improvements started in Phase 1A consisting of the installation of ADA compliant improvements (i.e. sidewalks, curb extensions bulb -out and access ramps), installation of dedicated Class II bike lanes, stormwater quality improvements (i.e. rain gardens), street landscape and irrigation improvements and roadway resurfacing. Additionally, the project includes the installation of detectable warning surfaces where needed, pruning tree roots and installing root barriers and installation of bus stop amenities such as bus shelters and trash cans. Related and appurtenant work includes construction surveying, adjusting of sewer and storm drain maintenance and utility covers to finished grade, and traffic control. ALTERNATIVES 1. The City Council may choose not to authorize the publishing of a notice inviting bids and shelve the design of the project and defer construction to a later time. This action is not recommended as delaying the project may result in increased costs. 2. Provide Staff with alternate direction. ENVIRONMENTAL REVIEW On December 18, 2016, the State of California Department of Transportation (Caltrans) Office of Environmental Engineering (OEE), Air Quality Branch (AQB) provided a project- level conformity determination for the Maine Avenue Complete Street Corridor Improvement Phase 1 B Project. By Memorandum of Understanding effective June 7, 2007 (renewed April 18, 2019), authority and responsibility for reviewing and approving certain Categorical Exclusion (CE) determinations under the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. (NEPA), including conformity determinations, was assigned to Caltrans. Based on its review, Caltrans found that the Maine Avenue Complete Street Corridor Improvement Phase 1 B Project conforms to the applicable State Implementation Plan (SIP) in accordance with Section 176(c) of the Federal Clean Air Act and the provisions of 40 CFR Parts 51 and 93, and assigned a Categorical Exclusion determination in accordance with Title 23 USC 326. LEGAL RIEVIEW None Required. ATTACHMENTS 1. Notice Inviting Bids Attachment 1 Notice of Inviting Bids NOTICE INVITING SEALED BIDS CIP 20-22, CITY PROJECT NO. 15698 — MAINE AVENUE PHASE 1B — MAINE AVENUE FROM OLIVE STREET TO ARROW HIGHWAY PUBLIC NOTICE IS HEREBY GIVEN that the City of Baldwin Park invites sealed bids for the above - stated project and will receive such bids in the offices of the City Clerk, 14403 Pacific Avenue, Baldwin Park, California 91706, until 10:00 A.M., Thursday, December 19, 2019 at which time the proposals will be publicly opened and read. Bidders and/or authorized agents are invited to be present. All information submitted with the bid is public information and may be subject to disclosure. Project Description — The general nature of work consists of furnishing all labor, material, equipment, services, and incidentals required for AC pavement maintenance, sidewalk repairs and other concrete improvements. AC and PCC pavement work includes grind and overlay of existing AC sections, removal and replacement of curbs and/or gutters, sidewalks, curb ramps, parkway drains, curb-extensions/bulb-outs, and other improvements and related work as shown on plans. Other improvements include the installation of new traffic signal equipment, tree removals, rain gardens, landscape, irrigation, and fire hydrant relocation. Related work includes construction surveying, adjusting manhole covers and utility covers to finished grade, traffic control and all appurtenant work. The bid items, corresponding estimated quantities, and the time allowed to complete the work are listed in the Proposal. The descriptions of bid items are defined in the Technical Provisions Section. Proposals — Bids shall be sealed and plainly marked "Sealed Bid for BID CIP 20-22, City Project No. 15698." Bids must be prepared using the Contractor's Bid Proposal forms and all the other forms identified in the Instructions to Bidders, The forms required to complete a bid package are found in Section "C" of these Contract Documents. No bids will be accepted if not submitted using the approved forms. The Information to Bidders provides prospective bidders a summary of requirements for acceptance of bids, guidelines that the City uses in awarding contracts, rules to ensure fairness in contractor procurement and guidelines to aid in interpretation of documents. The Construction Contract / Agreement defines the Contract Documents which serve to control construction, work performed, and materials furnished, and includes the Specifications and Plans. Plans and Specifications Documents — Specifications and proposal forms may be obtained at the Engineering Division office located at 14403 East Pacific Avenue, Baldwin Park, CA 91706, (626) 960- 4011 on and after November 21, 2019 Monday through Thursday between the hours of 7:30 A.M. and 6:00 P.M. A $35.00 per set, non-refundable fee is required for these specifications and proposal forms. An additional $10.00 is added to the fee, if mailed. Alternatively, electronic, versions of the specifications and proposal forms can be obtained at ciplist.com at no cost. Bid Security — Each bid must be accompanied by cash, certified check, cashier's check, or bidder's bond made payable to the City of Baldwin Park or issued by a surety admitted to do business in California, for an amount equal to at least ten percent (10%) of the amount of bid. Such guaranty will be forfeited to the City of Baldwin Park should the bidder to whom the contract is awarded fail to enter into the contract. The City of Baldwin Park reserves the right to reject any and all bids and to waive any minor irregularities in the bid documents. Bidders may not withdraw their bid for a period of sixty (60) days after the bid opening date. City Business License, Contractors License and Permit — Prior to contract execution, the contractor and his/her subcontractors shall obtain a City of Baldwin Park business license. In accordance with provisions of Section 3300 of the California Public Contract Code, the City has determined that the Contractor shall A-1 possess a valid Class A California Contractor's License or other appropriate license classification under the State Contracting Code at the time the contract is bid. Failure to possess such license may render the bid non --responsive. The successful bidder will be required to obtain a City encroachment permit to work in public right-of-way, issued at no fee for the project. Prevailing Wages — In accordance with the provisions of Sections 1770 et seq., of the Labor Code, the Director of the Industrial Relations of the State of California has determined that the general prevailing rates of wages are applicable to the work to be done. The Contractor will be required to pay to all persons employed on the project by the Contractor sums not less than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1." These documents can be reviewed in the office of the City Clerk or may be obtained from the State. Contractor's Registration — In accordance with Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to (a) bid on or be listed in a bid proposal on or after March 1, 2015, or (b) engage in the performance of this Work after April 1, 2015, unless currently registered with the Department of Industrial Relations and qualified to perform the work pursuant to labor Code Section 1725.5. Compliance Monitoring and Enforcement — Contractor's performance of the work described in this Notice Inviting Bids is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Equivalent Securities — Pursuant to California Public Contract Code Section 22300, substitution of eligible and equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder, unless otherwise prohibited by law, This is a federally -assisted construction contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail, The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. This is a HUD Section 3 construction contract. First preference will be given, to a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern. Second preference will be given to a bidder who provides a reasonable bid and commits to achieving the Section 3 employment, training and subcontracting opportunity goals by submitting a written commitment (Economic Opportunity Plan). In the procurement of supplies, equipment, construction, and services by sub -recipients, the conflict of interest provisions in (State LCA — 24 CFR 85.36 and Non -Profit Organizations — 24 CFR 84.4), OMB Circular A-1 10, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub - recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. This contract has a DBE goal of 27%. A-2 Buy America requirements apply. Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative Code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices. Advertising Dates: SAN GABRIEL VALLEY EXAMINER: Thursday, November 19, 2019 Thursday, November 21, 2019 A-3 ITEM NO. STAFF REPORT pFsAIow'�ti TO: Honorable Mayor and Members of the City Council HUB OF THE FROM: Sam Gutierrez, Director of Public Workl6� SAN GABRIELI DATE: November 6, 2019 2�a VALLEY � RgTEDJANO SUBJECT: Award of Bid for City Project No. CIP20-178 — Puente Avenue Street Improvements between Francisquito Avenue and Central Avenue SUMMARY: This item will authorize the award of contract for City Project No. CIP 20-178 - Puente Avenue Street Improvements. The proposed project work consists of paving approximately 1.4 centerline miles along Puente Avenue between Francisquito Avenue and Central Avenue. Proposed improvements include cold mill and AC overlay, repair of damaged sidewalk and curb and gutter, upgrading and constructing curb access ramps, adjusting maintenance sewer and storm drain covers, installing striping and pavement messages and replacing existing bus shelters and trash cans. RECOMMENDATION It is Staff's recommendation that the City Council: 1. Approve and award the contract to Gentry Brothers, Inc. of Irwindale, CA, in the amount of $1,071,867.50; 2. Authorize an expenditure in the amount of $88,900 from the approved FY 2019-20 operations budget Acct.#245-50-580-58110-15547 for purchase and installation of bus shelters and trash cans equipment; 3. Authorize the Director of Finance to appropriate Prop A Funds #244 in the amount of $42,454.25 and appropriate Street Lighting and Landscape Funds #251 in the amount of $66,850.00 for a total amount of $109,304.25; and 4. Authorize the Mayor and City Clerk to execute the contract for Puente Avenue Street Improvements project. FISCAL IMPACT There is no impact the general fund at this time. The following table lists the funds available for the project which is listed in FY 2019-20 # CIP 20-178. In addition to the requested appropriations, the budget will utilize funds approved in the FY 2019-20 operations budget (Acct.#245-50-580-58110- 15547) for Bus Stop Enhancement including equipment purchases for shelters and trash cans. CIP 20-178 SB1 Road Repair & Accountability — Fund #256-50-520- $980,850.00 58100-15099 FY 20-19 Operations Purchase Bus Shelter and trash cans equipment — Fund $88,900.00 Eauipment Purchase #245-50-580-58110-15547 Additional Requested Prop A Fund to Acct.# 244-50-520-58100-15099 $42,454.25 Appropriation Street Lighting and Landscape Fund to Acct.# 251-50-520- $66,850.00 58100-15099 Total Funding Source $1;179,054.25 Construction Contract $1,071,867.50 Construction Contingency 10% $107,186.75 Total Construction Budget $1,179,054.25 BACKGROUND On April 28, 2017, Governor Jerry Brown signed Senate Bill (SB) 1, known as the Road Repair and Accountability Act (RMRA) of 2017. SB 1 was created to address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets road system. SB1 emphasizes the importance of accountability and transparency in the delivery of transportation programs. Therefore, to be eligible for funding, cities and counties must annually provide basic project reporting to the California Transportation Committee (CTC) which administers the funding for the program. The City has complied with this requirement. On April 17, 2019, the City Council adopted Resolution No. 2019-013 adopting the FY2019-20 Project List to be funded by SB1. As part of the resolution, the City prepared and submitted a project list to which consisted of two street improvement projects; Puente Avenue Street Improvements and South Garvey Avenue/Dalewood Street Improvements. This report is requesting authorization to bid the Puente Avenue Street Improvements Project. Proposed improvements include cold mill and AC overlay, repair of damaged sidewalk and curb and gutter, upgrading and constructing curb access ramps, adjusting maintenance sewer and storm drain covers, installing striping and pavement messages and replacing existing bus shelters and trash cans. The second project is currently under design and will be brought to the City Council for approval at a later time. DISCUSSION On October 29, 2019, a total of five (5) bids were received and publicly opened. During the bid opening, the apparent lowest bid Gentry Brothers, Inc. of Irwindale, CA had a total base bid of $1,071,867.50. The following is a summary of confirmed total base bids received. The lowest responsive and responsible bid was from Gentry Brothers, Inc. of Irwindale, CA. Staff has checked and verified references and recommends that the City Council move forward with the award of contract in the amount of $1,071,867.50. If awarded, the construction work is estimated to start in early January 2020 and be completed by March 2020. ALTERNATIVES 1. The City Council may choose not to award a construction contract, reject all bids and re -bid the project. This action is not recommended as re -bidding the project will delay the work. 2. Provide Staff with alternate direction. . 1 Gentry Brothers,.. Inc. Irwindale, CA $1,071,867.50 2 Hard & Har er, Inc. Lake Forest, CA $1,154,000.00 3 Palp Inc. DBA Excel Paving Long Beach, CA $1,157,621.60 4 Onyx Paving Company, Inc. Anaheim, CA $1,188,000.00 5 All American Asphalt Corona, CA $1,239,929.60 The lowest responsive and responsible bid was from Gentry Brothers, Inc. of Irwindale, CA. Staff has checked and verified references and recommends that the City Council move forward with the award of contract in the amount of $1,071,867.50. If awarded, the construction work is estimated to start in early January 2020 and be completed by March 2020. ALTERNATIVES 1. The City Council may choose not to award a construction contract, reject all bids and re -bid the project. This action is not recommended as re -bidding the project will delay the work. 2. Provide Staff with alternate direction. ENVIRONMENTAL REVIEW The subject SB1 Street Improvements at Puente Avenue from Francisquito Avenue to Central Avenue Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. LEGAL REVIEW None Required ATTACHMENTS 1. Location Map Attachment 1 Location Map z O0 o 110 m D 1 0 m I m Z � o � r - O ccs c> r O n SUMMARY This report requests City Council's consideration to approve the Second Reading of Ordinance No. 1441, Amends Chapter 150 to Tile XV of the Baldwin Park Municipal Code. Ordinance No. 1441 was introduced for first reading during a regular meeting of the City Council on October 2, 2019. RECOMMENDATION Staff recommends that the City Council waive reading and adopt Ordinance No. 1441, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 150 OF TITLE XVAND ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2019 CALIFORNIA BUILDING CODE, 2019 CALIFORNIA RESIDENTIAL CODE WITH APPENDICES I AND K, 2019 CALIFORNIA EXISTING BUILDING CODE, 2019 CALIFORNIA MECHANICAL CODE, 2019 CALIFORNIA PLUMBING CODE, 2019 CALIFORNIA ELECTRICAL CODE, 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2019 CALIFORNIA ENERGY CODE, 2019 CALIFORNIA HISTORICAL CODE, 2019 CALIFORNIA REFERENCE STANDARDS CODE, 2019 CALIFORNIA FIRE CODE AND 2020 LOS ANGELES COUNTY FIRE CODE, INCLUDING ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938". FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1441 was introduced for first reading during a regular meeting of the City Council held on October 2, 2019. 60 ITEM NO. STAFF REPORT ioF�D'�N� TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy Cit p Y Y Clerk SAN GABR.IEL, 1 DATE: �� November 6, 2019 ✓,VALLEY SUBJECT: Second Reading of Ordinance No. 1441 Entitled: "An Ordinance _-- ' of the City Council of the City of Baldwin Park, California, Amending Chapter 150 to Title XV of the Baldwin Park Municipal Code, Adopting by Reference, Title 24 of the California Code of Regulations, Specifically Adopting the 2019 California Building Code, 2019 California Residential Code with Appendices I and K, 2019 California Existing Building Code, 2019 California Mechanical Code, 2019 California Plumbing Code, 2019 California Electrical Code, 2019 California Green Building Standards Code, 2019 California Energy Code, 2019 Historical Code, 2019 California Reference Standards Code, 2019 California Fire Code and 2020 Los Angeles County Fire Code, Including all Appendices, as Mandated by California Health and Safety Code Section 18938" SUMMARY This report requests City Council's consideration to approve the Second Reading of Ordinance No. 1441, Amends Chapter 150 to Tile XV of the Baldwin Park Municipal Code. Ordinance No. 1441 was introduced for first reading during a regular meeting of the City Council on October 2, 2019. RECOMMENDATION Staff recommends that the City Council waive reading and adopt Ordinance No. 1441, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 150 OF TITLE XVAND ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2019 CALIFORNIA BUILDING CODE, 2019 CALIFORNIA RESIDENTIAL CODE WITH APPENDICES I AND K, 2019 CALIFORNIA EXISTING BUILDING CODE, 2019 CALIFORNIA MECHANICAL CODE, 2019 CALIFORNIA PLUMBING CODE, 2019 CALIFORNIA ELECTRICAL CODE, 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2019 CALIFORNIA ENERGY CODE, 2019 CALIFORNIA HISTORICAL CODE, 2019 CALIFORNIA REFERENCE STANDARDS CODE, 2019 CALIFORNIA FIRE CODE AND 2020 LOS ANGELES COUNTY FIRE CODE, INCLUDING ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938". FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1441 was introduced for first reading during a regular meeting of the City Council held on October 2, 2019. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1.) Attachment "A" - Ordinance No. 1441 Attachment "A" Ordinance No. 1441 ORDINANCE NO. 1441 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 150 OF TITLE XV AND ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2019 CALIFORNIA BUILDING CODE, 2019 CALIFORNIA RESIDENTIAL CODE WITH APPENDICES I AND K, 2019 CALIFORNIA EXISTING BUILDING CODE , 2019 CALIFORNIA MECHANICAL CODE, 2019 CALIFORNIA PLUMBING CODE, 2019 CALIFORNIA ELECTRICAL CODE, 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2019 CALIFORNIA ENERGY CODE, 2019 CALIFORNIA HISTORICAL CODE, 2019 CALIFORNIA REFERENCE STANDARDS CODE, 2019 CALIFORNIA FIRE CODE AND 2020 LOS ANGELES COUNTY FIRE CODE, INCLUDING ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938 WHEREAS, the City Council has determined enforcement of the most current editions of the California Building Standards Code with local amendments thereof, as recited herein as certain minimum standards are necessary for the protection of the public health, safety and welfare of citizens of Baldwin Park; and, WHEREAS, the adoption of the State Building Codes in their most current editions is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State CEQA Guidelines; and WHEREAS, pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a City may make such modifications in the requirements of the regulations, adopted pursuant to Health and Safety Code Section 17922, as it determines to be reasonably necessary because of local climatic, geological or topographic conditions. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1, The City Council hereby amends in their entirety Parts 1 through 19 of Chapter 150 of Title 15 of the Baldwin Park Municipal Code, to read as set forth in Exhibit A hereto, which is incorporated herein by this reference. SECTION 2. The City Council hereby finds and determines that all the amendments, deletions, and additions to the forgoing California Building Standards Code and other codes are necessary due to the following: Ordinance No. 1441 Page 3of3 Climatic - The City of Baldwin Park experiences periods of high temperatures accompanied by low humidity and high winds each year. The City also experiences periods of intense rainfall, which creates the need for special drainage precautions. Local Geological Conditions — The City of Baldwin Park is located in the greater Los Angeles/Long Beach region which is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes. These amendments are required to safeguards human lives and ensure the structural integrity buildings and structures in event of a major seismic event. Local Geological, Climatic, Topographic Conditions — The City of Baldwin Park is also located adjacent to mountainous areas subject to high winds and fires. These amendments are required to address and clarify special needs to reduce fire hazard at the time of any disaster, natural or manmade, and the reduce hazards resulting from landslides and excessive erosion. SECTION 3. The City of Baldwin Park further finds that such amendments, deletions, and additions are necessary to best serve the public health and welfare. The City Council further determines that the administrative provisions set forth in the State Building Codes are not mandated by law, and that appropriate administrative provisions should be tailored to the needs of the City. SECTION 4. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. SECTION 5. The City Clerk shall cause this ordinance to be published and/or posted in accordance with state law and shall certify to the adoption of this ordinance and shall place this ordinance in the original book of ordinances on file in the City Clerk's Office. Ordinance No. 1441 Page 3 of 3 First read at a regular meeting of the City Council of the City of Baldwin Park held on the 2nd day of October, 2019, and adopted and ordered published at a regular meeting of said Council on the 6t" day of November, 2019. PASSED, APPROVED, AND ADOPTED this 6t" day of November, 2019. 1AN1 •%N• 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 October 2, 2019. Thereafter, said Ordinance No. 1441 was duly approved and adopted at a regular meeting of the City Council on November 6, 2019 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK GENERAL PROVISIONS Part 1. ADMINISTRATIVE PROVISIONS § 150.001 TITLE. Ordinance No. 1441 Page 1 of 54 This chapter shall be known as the Baldwin Park Building Code, may be cited as such and hereinafter referred to herein as "this code." § 150.002 PURPOSE. The purpose of this code is to establish minimum standards to safeguard the public health, safety and general welfare by regulating and controlling the design, construction, quality of materials, use and occupancy and location of all buildings and structures within the city and certain equipment specifically regulated herein. § 150.003 SCOPE. The provisions of this code shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the city. § 150.004 AUTHORITY. This code is adopted pursuant to the authority granted by Section 7 of Article XI of the California State Constitution to a county or city to make and enforce within its limits all such local, police, sanitary and other ordinances and regulations as are not in conflict with general laws. It is further adopted in conformity with the provisions of §§ 50022.1 thru 50022.10, inclusive, of the Cal. Gov't Code relating to adoption of codes by reference. § 150.005 APPLICABILITY AND COMPLIANCE WITH CODE PROVISIONS REQUIRED. (A) The provision of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of buildings and structures located within the incorporated areas of the City of Baldwin Park. (B) It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in the city, or cause or permit or suffer the same to be done, in violation of this chapter or in violation of any of the provisions of the codes adopted hereunder. Ordinance No. 1441 Page 1 of 54 (C) Exception. Public projects located in the public way and not subject to the city land use regulations; public utility towers and poles; mechanical equipment not specifically regulated by this code; floor control structures; buildings and structures owned and constructed by a Federal, state or other agency which authority pre-empts that of city government. § 150.006 ADMINISTRATION. The provisions of this chapter contain cross-references to the provisions of the 2016 CBC -Amended Administrative, promulgated by the International Code Council in order to facilitate reference and comparison to those provisions. § 150.007 CREATION OF DIVISION OF BUILDING AND SAFETY. There is hereby contained with the city government structure the Division of Building and Safety which shall be under the administrative jurisdiction of the Building Official as designated by the appointing authority. § 150.008 DEPUTIES. In accordance with prescribed procedures and with the approval of the appointing authority, the Building Official may appoint deputies and other related technical officers and inspectors and other employees as may be authorized by the City Council from time to time. § 150.009 POWERS AND DUTIES OF THE BUILDING OFFICIAL. (A) General. The Building Official is hereby authorized and directed to enforce all of the provisions of this Code and the Technical Codes, excepting that the provisions of Chapter 9 of Building Code shall be enforced jointly with the Fire Marshal of the Los Angeles County Fire Protection District. For such purposes, the Building Official and the Fire Marshal, respectively, and their respective authorized representatives, shall each have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules supplemental to this code as may be deemed necessary in order to clarify the applications and the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. (B) Interpretations and policies. The Building Official shall have the power and authority to render interpretations of this chapter and the Technical Codes and to adopt and enforce rules, policies, procedures and supplemental regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in conformance with the intent and purpose of this chapter. Ordinance No. 1441 Page 1 of 54 (C) Right -of -entry. (1) The Building Official may enter the building or premises at all reasonable times to inspect or to perform the duties imposed by this chapter: (a) When necessary to make an inspection to enforce any of the provisions of this chapter and the technical codes; or (b) When the Building Official has reasonable cause to believe that there exists in any building or upon a premises a condition which is contrary to or in violation of this chapter which makes the building or premises unsafe, dangerous or hazardous. (2) The Building Official shall adhere to the following procedures in making an entry: (a) If such building or premises be occupied, the Building Official shall present credentials to the occupant and request entry. (b) If such building or premises be unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. (c) Should entry be refused, the Building Official shall have recourse to the remedies provided by law to secure entry. Notwithstanding the foregoing, if the Building Official has reasonable cause to believe that there exists an unsafe, substandard or dangerous condition within the building or premises as to require immediate inspection to safeguard the public health or safety, the Building Official shall have the right to immediately enter and inspect such property and may use any reasonable means required to secure such entry and make such inspection. (D) Stop work orders. When work is being done contrary to the provisions of this chapter, the technical codes, or other pertinent laws or ordinances implemented through the enforcement of this chapter, the Building Official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop the work until authorized by the Building Official to proceed with the work. (E) Occupancy violations. When a building or structure or building service equipment therein regulated by this chapter and the technical codes is being used contrary to the provisions of such codes, the Building Official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of such codes. (F) Authority to disconnect utilities. The Building Official or the Building Official's authorized representative shall have the authority to disconnect a utility service or energy supplied to the building, structure or building service equipment therein regulated by this chapter or the Ordinance No. 1441 Page 1 of 54 technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter. (G) Authority to condemn building service equipment. (1) When the Building Official ascertains that building service equipment regulated in the technical codes has become hazardous to life, health or property, or has become unsanitary, the Building Official shall order, in writing, that such equipment either be removed or restored to a safe or sanitary condition, as appropriate. (2) The written notice itself shall fix a time limit for compliance with such order. Defective building service equipment shall not be maintained after receiving such notice. (3) When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within 24 hours to the serving utility, the owner and occupant of such building, structure or premises. (4) When any building service equipment is maintained in violation of the technical codes and in violation of a notice issued pursuant to the provisions of this chapter, the Building Official shall institute appropriate action to prevent, restrain, correct or abate the violation. (H) Connection after order to disconnect. No person shall make or suffer the connection from an energy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such equipment. (1) Custodian of records. The Building Official shall be the custodian of records for the Division of Building and Safety and as such, is charged with the responsibility to keep and maintain a permanent record of all building permits issued by the division as well as plans and other pertinent documents and transactions. Such records and documents may be maintained in electronic image, electronic file, paper, or other approved archival method. (J) Liability. It is the intent of this code to establish minimum standards for the protection of the health, safety and welfare of the public. This code shall not be construed to establish standards of performance, strength or durability other than those specified. This code, nor any of the services rendered in connection with its terms by city officers, inspectors, agents or employees is intended, nor shall be construed as the basis, for any expressed or implied warranties or Ordinance No. 1441 Page 1 of 54 guarantees to any person relative to, or concerning any structure or part, portion of appurtenances thereto or thereof constructed, erected, altered, enlarged, repaired, moved, replaced or removed pursuant to this code or any permits granted hereunder. No cause of action shall arise in favor of any person against the city, or any of its officers, inspectors, agents, or employees because any structure or portion thereof, erected, altered, enlarged, repaired, moved, replaced, or removed or any appurtenance, system, wiring, plumbing, mechanical equipment, devices, or appliances installed, maintained, repaired or replaced hereunder do not meet the standards prescribed herein. The Building Official, deputies, inspectors, technical officers and employees, charged with the enforcement of this code and the technical codes, acting in good faith and without malice in the discharge of their duties shall thereby, not be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official, deputy, technical officer, inspector or employee because of such an act or omission performed by the Building Official, deputy, technical officer, inspector or employee in the enforcement of the provisions of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom, shall be assumed by the jurisdiction. (K) Conflicting provisions. (1) When conflicting provisions or requirements occur between this chapter, the technical codes and other codes or laws, the most restrictive shall govern. (2) When conflicts occur between the technical codes, those provisions providing the greater safety to life shall govern. Where sanitation, life safety, or fire safety are not involved, the most restrictive provisions shall govern. (3) Where in a specific case different sections of the technical codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (L) Alternate materials - design and methods of construction. (1) The provisions of the technical codes are not intended to prevent the use of any material, method of design or method of construction not specifically prescribed by the technical codes, provided an alternate has been approved and its use authorized by the Building Official. (2) The Building Official may approve an alternate, provided the Building Official finds that the proposed design is satisfactory and complies with the provisions of the technical codes and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical codes in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. Ordinance No. 1441 Page 1 of 54 (3) The Building Official shall require that sufficient evidence or proof be submitted to substantiate claims that may be made regarding its use. (4) The details of an action granting approval of an alternate shall be recorded and entered in the records. (5) The Building Official may require the applicant to arrange for the proposed alternate materials, methods of design and methods of construction be reviewed and evaluated by an outside agency designated by the Building Official at the applicant's expense. (M) Modifications. (1) Whenever there are practical difficulties involved in carrying out the provisions of the technical codes, the Building Official may grant modifications for individual cases. (2) The Building Official shall first find that: (a) A special individual reason makes the strict letter of the technical code impractical; (b) The modification is in conformity with the intent and purpose of the technical code, and (c) Such modification does not lessen health, life safety and fire safety requirements or any degree of structural integrity. (3) The details of actions granting modifications shall be recorded and entered in the records. (4) The Building Official may require the applicant to arrange for the proposed modification to be reviewed by an outside agency designated by the Building Official at the applicant's expense. (N) Tests and research reports. (1) Whenever there is insufficient evidence for determining compliance with the provisions of the technical codes or evidence that materials or construction do not conform to the requirements of the technical codes, the Building Official may require tests as evidence of compliance to be made at the applicant's expense. (2) Test methods shall be as specified by the technical codes or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall determine test procedures. Ordinance No. 1441 Page 1 of 54 (3) Tests shall be made by an approved agency. (4) Reports of such tests shall be entered in the records. (5) The Building Official may require the applicant to arrange for the test procedures, methodology, results, reports, etc. to be reviewed and evaluated by an outside agency designated by the Building Official at the applicant's expense. § 150.010 APPLICABILITY. The provisions of this code shall not be construed to conflict with the provisions of the state housing law, nor any other provisions of state or Federal laws. Any requirements of this code or the codes adopted hereby, which are more restrictive shall apply. § 150.011 BOARD OF APPEALS. (A) Board established. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training and who are not employees of the jurisdiction, to pass upon matters pertaining to the application or installation of building, electrical, plumbing and mechanical systems, components and equipment. The Building Official or his designee shall be an ex officio member and shall act as Secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. The Board of Appeals shall have no authority relative to interpretations of the administrative provisions of this code. The Board shall have no authority to waive requirements of this code. (B) Appeal. (1) An applicant for or holder of a permit whose proposed solution for meeting the requirements of Title 24 of the California Code of Regulations is not approved or authorized by the Building Official may file an appeal with the Board of Appeals. (2) An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or and equally good or better form of construction is proposed. Ordinance No. 1441 Page 1 of 54 § 150.012 PARTIAL INVALIDITY. If any section, subsection, sentence, clause or phrase of this code or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, such decision shall not effect the validity of the remaining portions of this code or the application of such provision to other persons or circumstances. (Ord. 1361, passed 12-18-13; Am. Ord. 1396, passed 2-1-17) Part 2. DEFINITIONS § 150.020 DEFINITIONS. The definitions set forth in this section shall govern the application and interpretation of this chapter. ALTER or ALTERATION. ALTER or ALTERATION means a change or modification in construction or building service equipment. ADMINISTRATIVE AUTHORITY The Building Official or a regularly authorized deputy. APPROVED. Approved, as to materials, types of construction, equipment and systems, refers to approval by the Building Official as the result of investigation and tests conducted by the Building Official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations. APPROVED AGENCY. An established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when the agency has been approved by the Building Official. BUILDING CODE. The Baldwin Park Building Code. BUILDING SERVICE EQUIPMENT. Refers to the plumbing, mechanical, electrical and elevator equipment including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, fire -fighting and transportation facilities essential to the occupancy of the building or structure for its designated use. CBC. The California Building Code as adopted by the State of California. CODE or THIS CODE. Chapter 150 of the Baldwin Park Municipal Code, unless otherwise noted. Ordinance No. 1441 Page 1 of 54 CONDOMINIUMS. Any building or portion thereof that contains three or more dwelling units that does not meet the definition of townhouse as set forth below; for purposes of this code, condominiums shall be classified as R-2 occupancy. ELECTRICAL CODE. The Baldwin Park Electrical Code. EXISTING BUILDING. A building legally erected prior to effective date of this chapter. FIRE CODE. The Los Angeles County Fire Code (LACFC) which adopts the California Fire Code, including the Appendix thereto, together with those omissions, amendments, exceptions and additions there to as amended in the California Code of regulations, and Title 24 of the California Code of Regulations. JURISDICTION. The City of Baldwin Park. LISTED and LISTING. LISTED and LISTING are terms referring to equipment and materials which are shown in a list published by an approved testing agency, qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current productions and which listing states that the material or equipment complies with accepted national standards which are approved, or standards which have been evaluated for conformity with approved standards. MECHANICAL CODE. Baldwin Park Mechanical Code. OCCUPANCY. The purpose for which a building, or part thereof, is used or intended to be used. PERMIT. An official document or certificate issued by the Building Official authorizing performance of a specified building, plumbing, mechanical, or electrical activity or any combination of such permits issued jointly by the Building Official. PLUMBING CODE. The Baldwin Park Plumbing Code. REPAIR. The reconstruction or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance. SHALL. As used in this code is mandatory. STRUCTURE. That which is build or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. TECHNICAL CODES. Refer to those codes adopted by this chapter containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment. Ordinance No. 1441 Page 1 of 54 TOWNHOUSE. A single family dwelling in a row of at least three such units, not more that three stories above grade, in which each unit shall be located on a separate parcel, having its own access to the outside, no unit located over another unit, and each unit shall be separated by a property line from any other unit. For the purpose of this chapter, all town houses shall be classified as R-3 occupancy. Part 3. ORGANIZATION AND ENFORCEMENT § 150.030 ABATEMENT ORDERS. When any structure or site is being used or constructed in violation of this code, or any of the codes adopted by reference herein, the Building Official may order such use or construction discontinued and the structure or portions thereof vacated by a written notice served on any person or persons causing such use. Such person or persons shall discontinue such use within the specified time as indicated on the notice. After receipt of such notice, such person or persons shall abate the violations or cause the building or structure to be demolished or removed. § 150.031 ABATEMENT PROCEDURES. (A) The Building Official shall inspect or cause to be inspected a building, structure where reasonable suspicion exists that said building or structure may be substandard, unsafe or used in violation of this code, state health and safety code, state housing regulations, or any of the codes adopted by reference herein. If after inspecting the building or structure, the Building Official determines that said building or structure is unsafe, substandard or being used in violation of this code, state health and safety code, state housing law, or any of the codes adopted by reference herein, the Building Official shall give a written notice and order to the owner, tenant or user of the building or property pursuant to the provisions of the state health and safety code, state housing law and this code. If the Building Official finds that certain electrical, plumbing, mechanical, excavation or structural systems pose an immediate hazard to life and property, the Building Official may order such systems disconnected, removed or abated immediately. (B) If a notice and order must be served upon the owner, tenant or user of the building or structure, the Building Official shall assess the owner, tenant or user of the building or structure all applicable fees required to cover expenses incurred by the city in the processing of the notice and order to abate. Such processing fees shall be calculated at the rate indicated in the schedule of service charges adopted by the City Council. (C) Buildings damaged by fire or by natural disasters where the extent of damage to the building exceeds 75% of the valuation of the building prior to the disaster, or when determined by the Building Official that a structure is unsafe for occupancy due to damage the building shall be considered a total loss and be demolished pursuant to this section, and if necessary the safety Ordinance No. 1441 Page 1 of 54 of the damaged structure will be determined by an engineering study paid by the owner of the property. § 150.032 COST OF ABATEMENT OR COMPLIANCE. (A) Any person, whether as principal, agent, employee or otherwise, who maintains any premises in violation of the provisions of this code, any of the codes adopted by reference herein, or the state housing law shall be liable for, and obligated to pay to the city all costs incurred by the city in obtaining abatement or compliance which is attributable to, or associated with, the enforcement or abatement action, whether such action is administrative, injunctive or legal and for all damages suffered by the city its officers, agents, and employees as a result of such violation or efforts to abate the violation. (B) If the owner of the property involved in such abatement or compliance action fails to pay for the costs of such abatement or compliance action upon demand by the city, the City Council by resolution may order the cost of the abatement to be specially assessed to the property or parcel. Such assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and the same procedure be applied at the time of sale or in case of delinquency as are provided for ordinary county taxes. § 150.033 NOTICE OF NON-COMPLIANCE. Whenever the Building Official determines that work has been done without the required permits, or has not been completed in accordance with the requirements of this code, the state housing law or any code adopted herein, the Building Official may cause a notice of non- compliance to be recorded with the County Recorder and shall notify the owner of such property of such action. The notice of non-compliance shall describe the property, shall set forth the non- complying conditions and shall state that the owner of such property has been duly notified. The Building Official shall record a notice of release of the notice of non-compliance with the County Recorder when it has been determined by the Building Official that the non -complying conditions have been corrected. § 150.034 PUBLIC NUISANCE. Buildings or structures or portions thereof which are regulated by this code, and which are determined by the Building Official to be unsafe or not provided with adequate egress or which constitute a fire hazard, or which are determined substandard under the provisions of the California Health and Safety Code, the state housing law, any other applicable law or ordinance, or which are otherwise dangerous to human life, or which constitute a hazard to health safety or public welfare by reason of inadequate maintenance, dilapidation, damage obsolescence or abandonment as specified in this code or any other law or ordinance, shall be declared unsafe Ordinance No. 1441 Page 1 of 54 buildings and shall be declared a public nuisance and shall be ordered abated by repair, rehabilitation, removal or demolition pursuant to the provision of this code. § 150.035 ACTIONS, VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, corporation or association to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish equipment, use, occupy, or maintain any building, structure or building service equipment regulated by this code, or cause the same to be done in violation of this code or any codes hereby adopted by reference, state housing law or other applicable state or local law. The penalty shall be as set forth in § 10.99 of the Baldwin Park Municipal Code. Each such person, firm, corporation or association shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or allowed and upon conviction of such violation such person, firm, corporation or association shall be punishable by a fine or imprisonment or both as provided by law and the Baldwin Park Municipal Code. The issuance of a permit or the approval of plans and specifications shall not be construed to authorize any violation of the provisions of this code or any codes hereby adopted by reference, state housing law or other applicable state or local law. The issuance or granting of a permit or approval of plan and specification shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from suspending construction operations when such plans, specification or construction are in violation of this code or any codes hereby adopted by reference, state housing law or other applicable state or local law. Part 4. EXISTING BUILDINGS AND BUILDING SERVICE EQUIPMENT § 150.040 APPLICATION OF TECHNICAL PROVISIONS TO EXISTING BUILDINGS AND BUILDING SERVICE EQUIPMENT. The provisions of this part govern the application of the technical codes to existing buildings and building service equipment. § 150.041 GENERAL. The buildings, structures and their building service equipment to which additions, alterations or repairs are made shall comply with all the requirements of the technical codes for new facilities, except as specifically provided in this chapter. § 150.042 ADDITIONS, ALTERATIONS OR REPAIRS. Additions, alterations or repairs may be made to a building or its building service equipment without requiring the existing building or its building service equipment to comply with all the Ordinance No. 1441 Page 1 of 54 requirements of the technical codes, provided the addition, alteration or repair conforms to that required for a new building or building service equipment. § 150.043 ADDITIONS, ALTERATIONS OR REPAIRS: UNSAFE CONDITIONS. (A) Additions or alterations shall not be made to an existing building or building service equipment which will cause the existing building or building service equipment to be in violation of the provisions of the technical codes nor shall such additions or alterations cause the existing building or building service equipment to become unsafe. (B) An unsafe condition shall be deemed to have been created if an addition or alteration may cause the existing building or building service equipment to become structurally unsafe or overloaded; may not provide adequate egress in compliance with the provisions of the building code or may obstruct existing exits; may create a fire hazard; may reduce required fire resistance; may cause building service equipment to become overloaded or exceed their rated capacities; may create a health hazard or may otherwise create conditions dangerous to human life. § 150.044 ADDITIONS, ALTERATIONS OR REPAIRS: HEIGHT, NUMBER OF STORIES AND AREA. (A) A building altered pursuant to a repair or alteration permit, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted by the building code for new buildings. (B) A building plus new additions shall not exceed the height, number of stories and area specified by the building code for new buildings. § 150.045 ADDITIONS, ALTERATIONS OR REPAIRS: COMPLIANCE WITH CODE REQUIREMENTS. (A) Additions or alterations shall not be made to an existing building or structure when the existing building or structure is not in full compliance with the provisions of the building code, except when the addition or alteration will result in the existing building or structure being no more hazardous, based on life safety, fire safety and sanitation, than before such additions or alterations are undertaken. (B) Exception. Alterations of existing structural elements, or additions of new structural elements which are initiated only for the purpose of increasing the lateral -force -resisting strength or stiffness of an existing structure need not be designed for forces conforming to these regulations provided that an engineering analysis is submitted to show that: (1) The capacity of existing structural elements required to resist forces is not reduced; Ordinance No. 1441 Page 1 of 54 (2) The lateral loading to required existing structural elements is not increased beyond their capacity; (3) New structural elements are detailed and connected to the existing structural elements as required by these regulations; (4) New or relocated nonstructural elements are detailed and connected to existing or new structural elements as required by these regulations; and (5) An unsafe condition is not created. § 150.046 ADDITIONS, ALTERATIONS OR REPAIRS: USE OF SAME MATERIALS. Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect a structural member or a part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed, subject to approval by the Building Official. Installation or replacement of glass shall be as required for new installations. § 150.047 EXISTING BUILDING SERVICE EQUIPMENT INSTALLATIONS. Building service equipment lawfully in existence prior to the effective date of this chapter, may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and a hazard to life, health or property has not been created by such building service equipment. § 150.048 EXISTING OCCUPANCY. (A) Buildings in existence prior to the effective date of this chapter may have their existing use or occupancy continued if the use or occupancy was legal prior to the effective date of this chapter, and provided continued use is not dangerous to life, health and safety. (B) A change in the use or occupancy of any existing building or structure shall comply with the provisions of this code. § 150.049 MAINTENANCE. (A) Buildings, structures and building service equipment, existing and new, and parts thereof shall be maintained in a safe and sanitary condition. (B) Devices or safeguards which are required by the technical codes shall be maintained in conformance with the technical code under which installed. Ordinance No. 1441 Page 1 of 54 (C) The owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and their building service equipment. (D) The Building Official may cause a structure to be reinspected to determine compliance with this division. § 150.050 MOVED BUILDINGS. Buildings, structures and their building service equipment moved into or within the city shall comply with the provisions of the technical codes for new buildings or structures and their building service equipment. § 150.051 TEMPORARY STRUCTURES. (A) Temporary structures such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by a permit issued pursuant to CBC § 3103. (B) Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit. § 150.052 HISTORIC BUILDINGS. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building, structure, or its building service equipment may be made provided: (A) The building or structure has been designated by official action of the legally constituted authority of the city as having special historical or architectural significance. (B) Unsafe conditions as described in this chapter are corrected. (C) The restored building or structure and its building service equipment will be no more hazardous based on life safety, fire safety and sanitation than the existing building. (D) The structure meets the requirement of 2016 California Historical Building Code, Part 8 of Title 24. Part 5. PERMITS § 150.060 PERMITS REQUIRED. Ordinance No. 1441 Page 1 of 54 Except as specified in this part, no building, structure or building service equipment regulated by this chapter and the technical codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the Building Official. § 150.061 WORK EXEMPT FROM PERMIT. (A) A permit shall not be required for the types of work in each of the separate classes of permit as set forth in this part. (B) Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in violation of the provisions of the technical codes or any other laws or city ordinances. § 150.062 BUILDING PERMIT EXEMPTIONS. (A) A building permit shall not be required for the following: (1) One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2), the building is 14 feet or less in height, and does not contain electrical, mechanical or plumbing work. (2) Fences not over seven (2,134 mm) high. (3) Oil derricks. (4) Non -fixed and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) high. (5) Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III -A liquids. (6) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,925 liters) and the ratio of height to diameter or width does not exceed two to one. (7) Platforms, sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below, and are not part of an accessible route. Ordinance No. 1441 Page 1 of 54 (8) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. (9) Temporary motion picture, television and theater stage sets and scenery. (10) Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. (11) Swings and other playground equipment accessory to detached one -and two-family dwellings. (12) Window awnings supported by an exterior wall of detached one- and two-family dwellings, and Group U Occupancies when projecting not more than 54 inches (1,372 mm) and do not require additional support. (13) Prefabricated swimming pools accessory to a detached one- and two-family dwellings. Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons (18,925 liters), and less than 24 inches (610 mm) deep. (14) Replacement, repair or overlay of less than 10% of an existing roof within any 12 month period. (15) Nonfixed and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) in height. (B) Unless otherwise exempted by this chapter, separate plumbing, electrical and mechanical permits will be required for the above exempted items. § 150.063 PLUMBING PERMIT EXEMPTIONS. A plumbing permit shall not be required for the following: (A) The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this chapter. (B) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, including the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. Ordinance No. 1441 Page 1 of 54 § 150.064 MECHANICAL PERMIT EXEMPTIONS. A mechanical permit shall not be required for the following: (A) A portable heating appliance; (B) Portable ventilating equipment; (C) A portable cooling unit; (D) A portable evaporative cooler; (E) A closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the mechanical code; (F) Replacement of any component part of assembly of an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes; (G) Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes; and (H) A unit refrigerating system as defined in the mechanical code. § 150.065 ELECTRICAL PERMIT EXEMPTIONS. An electrical permit shall not be required for the following: (A) Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the electrical code. (B) Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. (C) Temporary decorative lighting. (D) Repair or replacement of current -carrying parts of any switch, conductor or control device. (E) Reinstallation of attachment plug receptacles, but not the outlets therefore. (F) Replacement of any over current device of the required capacity in the same location, except service equipment. Ordinance No. 1441 Page 1 of 54 (G) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. (H) Taping joints. (I) Removal of electrical wiring. (J) Temporary wiring for experimental purposes in suitable experimental laboratories. (K) The wiring for temporary theater, motion picture or television stage sets. (L) Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy, except in hazardous (classified) locations. (M) Low-energy power, control and signal circuits of Class II and Class III as defined in the electrical code. (N) A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. Part 6. APPLICATION REQUIREMENTS § 150.071 APPLICATION FOR PERMIT. (A) To obtain a permit an applicant shall file a completed application, in writing, on a form furnished by the Building Official for that purpose. (B) Every such application shall: (1) Identify and describe the work to be covered by the permit for which application is made. (2) Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. (3) Indicate the use or occupancy for which the proposed work is intended. Ordinance No. 1441 Page 1 of 54 (4) Be accompanied by plans, diagrams, computations and specifications and other data as required in CBC § 107. (5) State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building. (6) Be signed by the applicant, or the applicant's authorized agent. (7) Give such other data and information as may be required by the Building Official. (C) The work to be covered by the permit for which application is made, shall comply with the code, standards, and laws in effect at the time such application is filed with the Building Official. § 150.072 SUBMITTAL DOCUMENTS. (A) Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. (B) When such plans are not prepared by an architect or engineer, the Building Official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. (C) The Building Official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law. (D) Exception. The Building Official may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this chapter. § 150.073 INFORMATION ON PLANS AND SPECIFICATIONS. (A) Plans and specifications shall be drawn to scale on substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. (B) Plans for buildings of other than detached one- and two-family dwellings and Group U Occupancies shall indicate how required structural and fire -resistive integrity will be maintained Ordinance No. 1441 Page 1 of 54 when a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems. § 150.074 ARCHITECT OR ENGINEER OF RECORD. (A) When it is required that documents be prepared by an architect or engineer, the Building Official may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record. (B) If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. (C) The Building Official shall be notified, in writing, by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties. (D) The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. § 150.075 DEFERRED SUBMITTALS. (A) For the purposes of this chapter, deferred submittals are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted to the Building Official within a specified period. (B) Deferral of any submittal items shall have prior approval of the Building Official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents. Additional plan review fee shall be paid by the applicant for deferred submittals for review by the Building Official prior to their installation. (C) Submittal documents for deferred submittal items shall be submitted to the registered design architect or engineer of record who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. (D) The deferred submittal items shall not be installed until their design and submittal documents have been approved by the Building Official. § 150.076 INSPECTION AND OBSERVATION PROGRAM. Ordinance No. 1441 Page 1 of 54 (A) When special inspection is required by CBC Chapter 17, the architect or engineer of record shall prepare an inspection program which shall be submitted to the Building Official for approval prior to issuance of the permit. (B) The inspection program shall designate the portions of the work to have special inspection, the name or names of the individuals or firms who are to perform the special inspections and indicate the duties of the special inspectors. (C) The special inspector shall be employed by the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work. (D) When structural observation is required by CBC Chapter 17, the observation program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. (E) The inspection program shall include samples of inspection reports and provide time limits for submission of reports. § 150.077 EXPIRATION OF APPLICATION FOR PERMIT. (A) Except as provided below, a permit application shall expire if no permit is issued within one year after the date the permit application is filed. A permit application filed prior to the effective date of this chapter, shall expire if no permit is issued within one year after the date the permit application is filed. The Building Official may issue a permit for work shown on an expired application for a permit without requiring the re -submittal of plans and payment of a plan review fee provided: (1) No changes have been made or will be made to the original plans and specifications except as required by the original plan review; (2) No pertinent laws or ordinances have been amended subsequent to the date the original application was filed; (3) The time allowed to obtain the permit does not exceed one year and one month from the date the original application was filed; and (4) Circumstances beyond the control of the applicant have prevented action from being taken. (B) Except as provided in this section, no action may be taken on an application after expiration. Plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. To obtain a permit, applicants shall submit a new Ordinance No. 1441 Page 1 of 54 application, documents and pay a new plan review fee. All applicable codes, standards, and laws in affect at the time of the new application shall then apply to the project. Part 7. PERMIT ISSUANCE § 150.080 PERMIT ISSUANCE. (A) The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the Building Official as deemed appropriate. Such plans may be reviewed by other city departments to verify compliance with other applicable laws. (B) If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this chapter and the technical codes and other pertinent laws and ordinances, and that the required fees have been paid, the Building Official shall issue a permit therefore to the applicant. (C) The Building Official shall endorse, in writing or stamp, the required plans and specifications. (D) Approved plans and specifications shall not be changed, modified or altered without authorizations from the Building Official, and all work regulated by this chapter shall be done in accordance with the approved plans. § 150.081 PERMITS FOR PARTIAL CONSTRUCTION. (A) The Building Official may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the technical codes. (B) The holder of a permit for partial construction shall proceed without assurance that the permit for the entire building, structure or building service will be granted. § 150.082 RETENTION OF PLANS. (A) One set of approved plans, specifications and computations shall be retained by the Building Official for a period of not less than 180 days from the date of completion of the work covered therein or as required by the state or local laws. Ordinance No. 1441 Page 1 of 54 (B) One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. § 150.083 VALIDITY OF PERMIT. (A) The issuance of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of any violation of, any of the provisions of this chapter or the technical codes, or of any other law or ordinance. (B) Permits presuming to give authority to violate or cancel the provisions of this chapter or of other city ordinances shall not be valid. (C) The issuance of a permit based on plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in the plans, specifications and other data, or from preventing building operations being carried on thereunder when there is a violation of this chapter or of any other city ordinances. § 150.084 PERMIT EXPIRATION. (A) Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void when any of the following circumstances is applicable: (1) Failure to start construction. If the building or work authorized by such permit is not commenced within 180 days from the date of such permit is issued; (2) Cessation of work. If the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days or more; (3) Time to complete. In addition to divisions (1) and (2) above, every permit issued under the provisions of this chapter expires by limitation and becomes null and void when the time allowed to complete all work authorized by the permit exceeds the following time periods based on valuation: Valuation Time Allowed Under $300,000 12 months $300,001 to $1,000,000 24 months $1,000,001 to § 20,000,000 36 months Over $20,000,000 48 months Ordinance No. 1441 Page 1 of 54 (B) Before work terminated pursuant to division (A) above can be recommenced, a new permit shall be first obtained, and the permittee shall pay new full permit fees. (C) The fee therefore shall be pursuant to the last adopted fees provided no changes have been made to the original plans or specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. (D) If the suspension or abandonment of the project has exceeded one year, anew permit shall be obtained and the permit fees be paid in full. § 150.085 PERMIT TIME EXTENSIONS. (A) Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days, or if the project is not completed within the stated periods in § 150.084. (B) All permits shall expire by limitation of time and become null and void unless a written request for an extension of time has been submitted to the Building Official prior to permit expiration. The written request must demonstrate that: (1) Due to circumstances beyond the owner's or permittee's control, construction could not be commenced, continued or completed in the authorized time period; (2) If construction has started, substantial progress has been made; (3) The condition of the property presents no health or safety hazard; and (4) The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to neighboring property owners. (C) The time periods set forth to start construction within 180 days or resume construction after cessation of work for 180 days may each be extended no more than once, and the time period set forth to complete construction may be extended no more than three times. Each extension of time shall not exceed 180 days. (D) The decision of the Building Official may be appealed to the Director of Community Development, who shall conduct a de novo review. Any such appeal shall be filed in writing within seven days of the decision of the Building Official. The decision of the Director of Community Development shall be final. Ordinance No. 1441 Page 1 of 54 (E) Before work terminated pursuant to division (B) above can be recommenced, a new permit shall be first obtained, and the permittee shall pay new full permit fees. (F) The fee therefore shall be pursuant to the last adopted fees provided no changes have been made to the original plans or specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. (G) If the suspension or abandonment of the project has exceeded one year, anew permit shall be obtained and the permit fees be paid in full. § 150.086 PERMIT RENEWALS. An expired building permit may be renewed provided it has not been expired for more than one year, no changes have been made to the plans or specifications previously approved by the expired permit and appropriate permit renewal fees are paid. In instances where work has been initiated prior to the expiration of the permit, permit renewal fees shall be assessed pursuant to the degree of progress made on the work authorized by the permit. Permit renewal fees shall be assessed by the Building Official pursuant to latest adopted fees. § 150.087 PERMIT SUSPENSION OR REVOCATION. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code when the permit is issued in error or on the basis of incorrect inaccurate, incomplete, or fraudulent information provided by the applicant, or when such permit is in violation of an ordinance, regulation, state law or the provisions of this code. All suspension or revocation of permits must be in writing showing the cause and the time period for such action. § 150.088 PERMIT DENIAL. Except where special building designs or other mitigation measures have been approved by the Building Official and co-operating officials of other city and county agencies, a building permit may be denied where physical features of a building site are such that denial of the building permit is deemed necessary to safeguard life, limb, health, property or public welfare. Physical features which justify denial of a permit shall include but shall not be limited to the following: (A) Precipitous cliffs or other adjacent vertical landmasses of unknown stability. (B) Unstable soils or geologic conditions. (C) Terrain, which is subject to flooding or severe soil erosion. Ordinance No. 1441 Page 1 of 54 (D) Terrain, which is deemed contaminated by products of hydrocarbon or other hazardous material. Part 8. FEES § 150.100 FEES ESTABLISHED BY CITY COUNCIL RESOLUTION. All fees required pursuant to this chapter shall be paid in the amount established set forth in the schedule of service charges established by resolution of the City Council. § 150.101 PLAN REVIEW FEES. (A) When a plan or other data is required to be submitted with an application for permit, pursuant to this chapter, a plan review fee shall be paid at the time of submitting plans and specifications for reviewing. The plan review fee is separate and in addition to the building permit fee. (B) The plan review fee shall be as set forth in the schedule of service charges established by resolution of the City Council, plus a surcharge as set forth in the schedule of service charges if additional plan review is required for the accessibility for the disabled and/or energy conservation standards as set forth in Title 24 of the California Code of Regulations. (C) When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in this chapter an additional plan review fee shall be charged at the rate established in the schedule of service charges. (D) Whenever a permit is requested for the construction of a single-family or duplex structure as part of a subdivision previously plan -checked and approved, a fee as set forth in the schedule of service charges established by the City Council for each such structure shall be paid at the time of application for each such building permit. (E) The amount of initial plan review fee for submittal of a model plan as defined herein shall be the full plan review fee as specified above. The plan review fee for subsequent submittal of a plan which qualifies as a model plan shall be one-half (1/2) the plan review fee. A "model plan" is hereby defined as a prototype plan for a building or structure which is to be utilized on more than one site, and which incorporates the same structural features, dimensions, and calculations as the original approved plan. (F) Upon request to review plans on file, a fee as set forth in the schedule of service charges shall be paid, if the plans for such building or structure must be obtained from the city storage vault. Ordinance No. 1441 Page 1 of 54 § 150.102 INVESTIGATION FEES FOR WORK WITHOUT A PERMIT. (A) Whenever any work for which a permit is required by this chapter has been commenced without first obtaining the proper permits, a special investigation shall be made before any permit may be issued for such work. (B) The investigation fee in an amount set forth in the schedule of service charges, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be less than 50% of the permit fee as determined by the Building Official. (C) The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter nor from any penalty prescribed by law. § 150.103 FEE REFUNDS. (A) The Building Official may authorize partial refunding of any fee paid hereunder which was erroneously paid or collected. (B) The Building Official may authorize the refunding of not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. A processing fee of $100 shall be deducted from the refund amount. Permit fee under $100 is non- refundable. (C) The Building Official may authorize the refunding of not more than 80% of the plan review fee paid when an application is withdrawn or canceled before any plan reviewing has been started, and the refund amount is not less than or equal to one hour of plan review service fee. A processing fee of $100 shall be deducted from the refund amount. Plan review fee under $200 is non-refundable. (D) The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. § 150.104 FEE EXCEPTIONS. (A) Fees shall not be required for buildings erected for and owned by the United States of America, the State of California, or any of its political subdivisions, or by any school district or hospitals, where the Building Official has no jurisdiction for issuance of permits. (B) However, if an applicant requests a plan review or permit for any of the aforementioned projects, full fees shall be charged. Ordinance No. 1441 Page 1 of 54 Part 9. INSPECTIONS § 150.110 GENERAL PROVISIONS. (A) Construction or work for which a permit is required shall be subject to inspection by the Building Official and the construction or work shall remain accessible and exposed for inspection purposes until approved by the Building Official. In addition, certain types of construction shall have special inspection and structural observation as specified in Chapter 17 of the CBC. (B) Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this chapter or of other city ordinances. Inspections presuming to give authority to violate or cancel the provisions of this chapter or of other city ordinances shall not be valid. (C) It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (D) A survey of the lot may be required by the Building Official to verify that the structure is located in accordance with the approved plans. (E) All inspections specified herein shall be at the discretion of the Building Official and nothing in the CBC or in this chapter shall be construed as requiring the city to conduct such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, neither the CBC nor this section shall be construed to hold the city or any officer, employee or representative of the city, responsible for any damage to persons or property by reason of making inadequate or negligent inspection or by reason of any failure to make an inspection or re -inspection. § 150.111 INSPECTION RECORD CARD. (A) Work requiring a permit shall not be commenced until the permit holder or the agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the Building Official to conveniently make the required entries thereon regarding inspection of the work. (B) The inspection record card shall be maintained and made readily available by the permit holder until final approval has been granted by the Building Official. § 150.112 INSPECTION REQUESTS. Ordinance No. 1441 Page 1 of 54 (A) It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. (B) The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. (C) It shall be the duty of the person requesting any inspections required either by this chapter or the technical codes to provide access to and means for inspection of the work. § 150.113 APPROVAL REQUIRED. (A) Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. (B) Reinforcing steel or structural framework of a part of a building or structure shall not be covered or concealed without first obtaining the approval of the Building Official. (C) The Building Official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this chapter. (D) Any portions of work which do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. (E) There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use. § 150.114 PRELIMINARY INSPECTION. Before issuing a permit, the building official is authorized to examine or cause to be examined, buildings, structures and sites for which an application has been filed. § 150.115 REQUIRED BUILDING INSPECTIONS. The Building Official, upon notification, shall make the following inspections: (A) Foundation inspection. To be made after excavations for footings are complete and required reinforcing steel is in place. For concrete foundations, required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except when concrete is ready - mixed in accordance with approved nationally recognized standards ASTM C94, the concrete need not be on the job. When the foundation is to be constructed of approved treated wood, Ordinance No. 1441 Page 1 of 54 additional inspections may be required by the Building Official. Building pad grade certification and compaction report is required prior to Foundation Inspection on the form provided by the jurisdiction as approved by the Building Official. (B) Concrete slab or under -floor inspection. To be made after in -slab or under -floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the sub -floor. (C) Protection of joints and penetrations in fire resistive assemblies shall not be concealed from view until inspected and approved. (D) Framing inspection. To be made after the roof, framing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and heating wires, pipes, and ducts are approved. (E) Lath and/or wall board inspection. To be made after lathing and wallboard, interior and exterior, is in place but before plaster is applied or before wallboard joints and fasteners are taped and finished. (F) Fire-resistant penetrations. (CBC Chapter 1, § 110.3.6) Protection of joints and penetrations in fire -resistance -rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. (G) Energy efficiency inspections. (CBC Chapter 1, § 110.3.7) Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HAVC and water -heating equipment efficiency. (H) Final inspection. To be made after finish grading and the building is completed and ready for occupancy or use. § 150.116 REQUIRED BUILDING SERVICE EQUIPMENT INSPECTIONS. (A) General. Building service equipment for which a permit is required by this chapter shall be inspected by the Building Official. Building service equipment intended to be concealed by a permanent portion of the building shall not be concealed until inspected and approved. When the installation of building service equipment is complete, an additional and final inspection shall be made. Building service equipment regulated by the technical codes shall not be connected to the water, fuel or power supply or sewer system until authorized by the Building Official. (B) Operation of building service equipment. The requirements of this section shall not be considered to prohibit the operation of building service equipment installed to replace existing building service equipment serving an occupied portion of the building in the event a request for Ordinance No. 1441 Page 1 of 54 inspection of such building service equipment has been filed with the Building Official not more than 48 hours after the replacement work is completed, and before any portion of such building service equipment is concealed by permanent portions of the building. § 150.117 OTHER INSPECTIONS. In addition to the called inspections specified above, the Building Official may make or require other inspections of construction work to ascertain compliance with the provisions of this chapter or technical codes and other applicable laws and ordinances of this city. § 150.118 RE -INSPECTIONS. (A) A re -inspection fee may be assessed for each inspection or when such portion of work for which inspection is called is not complete or when corrections called for are not made. (B) This section is not to be interpreted as requiring fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as controlling the practice of calling for inspections before the job is ready for such inspection or re -inspection. (C) Fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. (D) To obtain a re -inspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose, and pay the fee in accordance with the schedule of fees. (E) In instances where fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. § 150.119 SPECIAL INSPECTIONS. Special inspection shall be provided in accordance with § 1704 of the CBC. Additional special inspections may be required when deemed necessary by the Building Official. § 150.120 CONTRACTOR'S RESPONSIBILITY. Pursuant to the requirements of CBC § 1704, each contractor responsible for the construction of a main wind -or seismic -force -resisting system, designated seismic system or a wind - or seismic resisting component listed in the statement of special inspections shall submit a written statement of responsibility to the Building Official and the owner prior to the commencement of work on the system or component. The contractor's statement of responsibility shall contain Ordinance No. 1441 Page 1 of 54 acknowledgement of awareness of the special requirements contained in the statement of special inspection. § 150.121 STRUCTURAL OBSERVATION. Structural observation shall be provided in accordance with California Building Code. Additional structural observation may be required when deemed necessary by the Building Official. Structural observation does not include or waive any inspection required by this code. § 150.122 CONNECTION TO UTILITIES. (A) Energy connections. Persons shall not make connections from a source of energy, fuel or power to building service equipment which is regulated by the technical codes and for which a permit is required by this chapter, until approved by the Building Official. (B) Temporary connections. The Building Official may authorize the temporary connection of the building service equipment to the source of energy, fuel or power for the purpose of testing building service equipment, or for use under a temporary certificate of occupancy. This temporary connection will be allowed for a specific purpose and for a specific period of time. The temporary connection must be removed or detached when the permitted time period is over. § 150.130 USE OR OCCUPANCY. (A) Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the Building Official has issued a certificate of occupancy therefore as provided herein. (B) Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this chapter or of other city ordinances. (C) Certificates presuming to give authority to violate or cancel the provisions of this chapter or of other city ordinances shall not be valid. § 150.131 CHANGE IN USE. Changes in the character or use of a building shall not be made except as specified in the Building Code. § 150.132 ISSUANCE OF CERTIFICATE OF OCCUPANCY. Ordinance No. 1441 Page 1 of 54 After the Building Official inspects the building or structure and finds no violations of the provisions of this chapter or other laws, the Building Official shall issue a certificate of occupancy which shall contain the following: (A) The building permit number. (B) The address of the building. (C) The name and address of the owner. (D) A description of that portion of the building for which the certificate is issued. (E) A statement that the described portion of the building has been inspected for compliance with the requirements of this chapter for the group and division of occupancy and the use for which the proposed occupancy is classified. (F) The name of the Building Official. (G) The edition of the code under which the permit was issued. (H) The use and occupancy, in accordance with the provisions of Chapter 3 of the CBC. (I) The type of construction as defined in Chapter 6 of the CBC. (J) The design occupant load. (K) If an automatic sprinkler system is provided, whether the sprinkler system is required. (L) Any special stipulations and conditions of the building permit. § 150.133 TEMPORARY CERTIFICATE OF OCCUPANCY. (A) If the Building Official finds that substantial hazard will not result from occupancy of a building or portion thereof before the same is completed, a temporary certificate of occupancy for the use of a portion or portions of a building or structure may be issued prior to the completion of the entire building or structure. (B) Applicant shall pay required fees prior to issuance of temporary certificate of occupancy. (C) The Building Official will develop policies and procedures to administer issuance of a temporary certificate of occupancy. Ordinance No. 1441 Page 1 of 54 § 150.134 POSTING. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official. § 150.135 REVOCATION. The Building Official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this chapter when the certificate is issued in error, or on the basis of incorrect information, or when it is determined that the building or structure or portion thereof is in violation of an ordinance, regulation or the provisions of this chapter. Part 11. ADOPTION AND AMENDMENT OF THE CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, AND THE CALIFORNIA GREEN BUILDING STANDARDS CODE § 150.140 ADOPTION. (A) The 2019 California Building Code, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2 of Title 24 of the California Code of Regulations are adopted and enacted, as the primary building code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Building Code. (B) The 2019 California Residential Code, including the appendices I and K thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2.5 of Title 24 of the California Code of Regulations are adopted and enacted, as the Residential Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Residential Building Code. (C) The 2019 California Green Building Standards Code, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 11 of Title 24 of the California Code of Regulations are adopted and enacted, as the Green Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Green Building Code. (D) One copy of the adopted codes has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Ordinance No. 1441 Page 1 of 54 § 150.141 LOCAL AMENDMENTS. The following provisions shall constitute local amendments to the cross-referenced provisions of the California Building Code (CBC), California Residential Code (CRC), and California Green Building Standards Code (CGBSC) and shall be deemed to replace the cross-referenced section of the respective code with the respective provisions set forth in this Chapter. (A) CBC Section 1505, Fire Classification, is hereby amended as follows: § 1505.1, 1505.1.3 and Table 1505.1 are deleted: Sections 1505.1 through 1505.3 are amended to read as follows: The entire roof covering of every existing structure where more than 25% of the total roof area is replaced within any one year period; the entire roof covering of every new structure and any roof covering applied in any alteration, repair or replacement of the roof of every existing structure shall be a fire retardant roof covering that is at least Class B fire rating. No wood shakes or wood shingles, treated or untreated shall be permitted. EXCEPTION: Repairs and additions to existing wood roofs, under twenty-five (25%) percent of the total existing roof area, shall be allowed to match the existing wood roof if the new materials are fire retardant and meet the specifications of a Class B roof. Only one such repair shall be allowed within a 12 -month period. (B) CBC Section 1510, Re -roofing, is hereby amended as to read as follows: Section 1510.1 General. All re -roofing shall conform to the applicable provisions of Chapter 15 of the CBC and as otherwise required in this section. Repairs to existing roofs shall be limited to 25% of the total roof area within any one-year period. Repairs exceeding 25% of the total roof area shall be considered complete re -roofs and subject to the provisions of this code. All re -roofing work which requires complete removal of existing roof coverings shall be considered as new work, and shall be reviewed and inspected under Chapter 15 of this code. Sheathing placed on top of existing spaced sheathing to create a flat surface shall be installed per the roofing manufacturer's specifications and applicable ICC reports. Sheathing placed directly over roof rafters shall meet span and index ratings in accordance with Table 2304.7.(3) of the CBC. Sheathing shall be a minimum of one half inch in thickness and its edges shall bear on a roof rafter or similar support. Sheathing shall be fastened with minimum 8d common nails spaced six inches on center on the edge and 12 inches on center in the field. Lightweight roofs not exceeding six pounds per square foot, which are replaced with heavier roofs, shall comply with the provision of Chapter 16 of the CBC and subject to plan check. Sheathing over existing space sheathing shall be a minimum of 3/8 inches in thickness. SECTION 1510.3.3. REROOFING OVERLAYS ALLOWED Ordinance No. 1441 Page 1 of 54 Not more than one overlay of composition shingles shall be allowed. (C) CBC Section 808, Acoustical Ceiling Systems, is hereby amended to add Section 808.1.1.3 to read as follows: Section 808.1.1.3 Where ceiling is not supporting interior partitions, ceiling bracing shall be provided by four No. 12 gauge wires secured to the main runner within 2" of the cross runner intersection and splayed 90° from each other at an angle not exceeding 45° from the plane of the ceiling. A strut (adequate to resist the vertical component from lateral loads) fastened to the main runner shall be extended to and fastened to the structural members of the roof or floor above. These horizontal restraint points shall be placed at no more than 12'-0" on center in both directions with the first point within 6'-0" of an adjacent wall. Attachment of restraint wires to the structure above shall be adequate for the load imposed. Alternate design in accordance to ASCE-7 by a state licensed Engineer or Architect may be accepted. (D) CBC Section 1809.4, Depth and Width of Footings, is hereby amended to add Section 1809.4.1 to read as follows: Section 1809.4.1 Foundations in Expansive Soil. When buildings are located on expansive soil having an expansion index greater than 20 ASTMD 4829, gutters, downspouts, piping, and/or other non-erosive devices shall be provided to collect and convey rainwater to a street, storm drain, or other approved watercourses or disposal area. Foundations in expansive soil shall be designed to comply with the following table: Number of Floors Thickness of Width of Thickness Depth of Supported by Foundation Wall Footing of Footing Footing Foundation (Inches) (Inches) (Inches) (Inches) Concrete Masonry 1 6 6 12 6 24 EXCEPTION: for residential monolithically places concrete foundation located in non -hillside terrain, two #4 reinforcing bars shall be placed within 3 inches of the of footing and two reinforcing bars shall be placed 3 to 5 inches from the bottom of the footing. Concrete floor reinforcement shall consist of number 3 reinforcement bars at 24 inches on center each way. Number 3 bars shall be embedded into footing a depth of 18 inches. Minimum slab reinforcement for any building shall be #3 bars at 18 -in on center each way. (E) CBC SECTION 3109.1 is hereby amended to add Section 3109.1.1 and 3109.1.2 to read as follows: Ordinance No. 1441 Page 1 of 54 Section 3109.1.1 DEFINITION. BARRIER HEIGHT. The distance measured from finish grade to the top of the barrier. The face of the barrier used shall be the face that is outside the pool or spa area. Finish grade shall be the lowest adjacent grade within two (2) feet of the outer surface of the barrier along the entire length. BARRIER HEIGHT AND CLEARANCES. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearances between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on the top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. EXCEPTION: Upon showing of good cause and in individual cases, the Building Official may allow modifications to the barrier requirements. WIDELYSPACED HORIZONTAL MEMBERS. Barriers shall not have a design configuration that provides a ladder -like effect. When the barrier has horizontal members spaced less than 45 inches apart, such member shall be placed on the poolside of the barrier. Any decorative design work attached to the outer side of the barrier that forms a ladder like design work effect is prohibited. CBC SECTION 3109.1.2 BARRIER HEIGHT AND CLEARANCES. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearances between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on the top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. EXCEPTION: Upon showing of good cause and in individual cases, the Building Official may allow modifications to the barrier requirements. (F) CRC Section R105.2 is hereby amended to add Section R105.2.1 to read as follows: Section R105.2.1. Accessory Storage Sheds on Residential Properties. Notwithstanding any other provisions of this section, storage sheds exempt from permits by this chapter shall be separated from each other and other structures by six (6) feet. The separation distance shall be Ordinance No. 1441 Page 1 of 54 measured from exterior finish of the buildings. Eaves and overhangs from said shed shall not extend more than twelve (12) inches, measured horizontally from a vertical plane, beyond the exterior finish. The maximum height of storage sheds shall not exceed one (1) story and ten (10) feet to any part of the shed measured from existing finished grade. (G) CRC Section R403.1.4., General, is hereby amended to add Section R403.1.4.1 to read as follows: Section R403.1.4.4 Foundations in Expansive Soil. When buildings are located on expansive soil having an expansion index greater than 20 ASTM D 4829, gutters, downspouts, piping, and/or other non-erosive devices shall be provided to collect and convey rainwater to a street, storm drain, or other approved watercourses or disposal area. Foundations in expansive soil shall be designed to comply with the following Table: Number of Floors Thickness of Width of Thickness Depth of Supported by Foundation Wall Footing of Footing Footing Foundation (Inches) (Inches) (Inches) (Inches) Concrete Masonry 1 6 6 12 6 24 Exception: for residential monolithically places concrete foundation located in non -hillside terrain, two #4 reinforcing bars shall be placed within 3 inches of the of footing and two reinforcing bars shall be placed 3 to 5 inches from the bottom of the footing. Concrete floor reinforcement shall consist of number 3 reinforcement bars at 24 inches on center each way. Number 3 bars shall be embedded into footing a depth of 18 inches. Minimum slab reinforcement for any building shall be #3 bars at 18 -in on center each way. § 150.142 SAFETY ASSESSMENT PLACARDS. This following section is hereby added to the Code: SAFETY ASSESSMENT PLACARDS (A) Intent. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The section further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. (B) Application of provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Baldwin Park. The City Council may extend the provisions as necessary. Ordinance No. 1441 Page 1 of 54 (C) Definitions. SAFETYASSESSMENT is a visual, non-destructive examination of a building or structure for purpose of determining the condition for continued occupancy. (D) Placards. (1) The following are verbal descriptions of the official placards to be used to designate the condition for continued occupancy of buildings or structures. (a) INSPECTED - lawful occupancy permitted is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. (b) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. (c) UNSAFE - Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. (2) This municipal code section number, the name of the city, its address, and phone number shall be permanently affixed to each placard. (3) Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section. § 150.143 APPENDIX J: GRADING. (A) CBC Appendix J, Grading, Section J102 is amended to add the following definition to read as follows: BUILDING OFFICIAL. The Building Official for APPENDIX J, GRADING shall be the Director of Public Works (except grading around building foundation and swimming pool). Ordinance No. 1441 Page 1 of 54 (B) CBC Appendix J, Grading, Section J106 EXCAVATIONS is amended to add Section J106.2: Section J106.2 EXCAVATION AT OR ADJACENT TO SLOPES. A geotechnical report addressing slope stability shall be submitted for plan review when an excavation or construction of a swimming pool, spa, or similar structure encroaches into the projected plane of a 3:1 or steeper slope. Part 12. ADOPTION AND AMENDMENTS OF THE CALIFORNIA ELECTRICAL CODE § 150.150 ADOPTION. (A) The 2019 California Electrical Code, Part 3 of Title 24 of the California Code of Regulations, is hereby adopted and enacted as the primary electrical code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein subject to the following amendments and shall be known as the Baldwin Park Electrical Code. (B) One copy of the codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the city. § 150.151 SPECIAL EVENTS. A permit shall be required for the installation of portable wiring for equipment for carnivals, circuses, exhibits, amusement rides, traveling attractions, film shoots and similar functions including wiring in, or on, all structures. § 150.152 TEMPORARY WIRING. For the purpose of this section temporary wiring shall be defined as temporary electrical power and lighting installations permitted during the period of construction, remodeling, maintenance, repair, or demolition of buildings, structures, equipment, or similar activities. Temporary wiring shall be removed immediately upon completion of construction or purpose for which the wiring was installed. The main service of a building or space shall not be energized to provide temporary lighting during construction. § 150.153 CONDITIONAL ELECTRICAL SERVICE CONNECTION. A conditional electrical service connection may be authorized by the Building Official when in the opinion of the Building Official the need for such connection exists and such connection cannot be achieved following the standard adopted policy or process. Conditional electrical Ordinance No. 1441 Page 1 of 54 service may be terminated at the completion of a specific purpose for which the electrical connection was granted or at the discretion of the Building Official. Part 13. ADOPTION OF THE CALIFORNIA MECHANICAL CODE § 150.160 ADOPTION. (A) The 2019 California Mechanical Code, Part 4 of Title 24 of the California Code of Regulations„ is hereby adopted and enacted as the primary Mechanical Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Mechanical Code. (B) One copy of each of the codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 14. ADOPTION OF THE CALIFORNIA PLUMBING CODE § 150.170 ADOPTION. (A) The 2019 California Plumbing Code, Part 5 of Title 24 of the California Code of Regulations, are adopted and enacted, as the Plumbing Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Plumbing Code. (B) One copy of each of the codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 15. ADOPTION OF THE CALIFORNIA ENERGY CODE § 150.180 ADOPTION. (A) The 2019 California Energy Code, Part 6 of Title 24 of the California Code of Regulations and the Building Energy Efficiency Standards For Residential and Nonresidential Buildings, are adopted and enacted, as the Energy Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Energy Code. (B) One copy of the 2019 California Energy Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Ordinance No. 1441 Page 1 of 54 Part 16. ADOPTION OF THE CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE § 150.190 ADOPTION OF TECHNICAL PROVISIONS OF CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE. (A) The California Elevator Safety Construction Code, as adopted by the California Building Standards Commission as Title 24, Part 7 of the California Code of Regulations, is hereby adopted and enacted as the primary elevator safety construction code of the city and made part of this code by reference with the same force and effect as if fully set forth herein and shall be known as the 2019 California Elevator Safety Construction Code. (B) One copy of the 2019 California Elevator Safety Construction Code has been filed for use and examination of the public in the Office of the City Clerk of the city. Part 17. ADOPTION OF THE CALIFORNIA HISTORICAL BUILDING CODE § 150.200 ADOPTION. (A) The 2019 California Historical Building Code, Part 8 of Title 24 of the California Code of Regulations, is hereby adopted and enacted as the primary Historical Building Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Historical Building Code. (B) One copy of the 2019 California Historical Building Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 18. ADOPTION AND AMENDMENT OF THE CALIFORNIA EXISTING BUILDING CODE § 150.210 ADOPTION. (A) The 2019 California Existing Building Code, Part 10 of Title 24 of the California Code of Regulations, is hereby adopted and enacted as the primary Existing Building Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Existing Building Code. (B) One copy of the 2019 California Existing Building Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 19. ADOPTION OF THE CALIFORNIA REFERENCED STANDARDS CODE Ordinance No. 1441 Page 1 of 54 § 150.220 ADOPTION. (A) The 2019 California Referenced Standards Code, Part 10 of Title 24 of the California Code of Regulations, is hereby adopted and enacted as the primary Referenced Standards Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Referenced Standards Code. (B) One copy of the 2019 California Referenced Standards Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 20. ADOPTION OF THE CALIFORNIA FIRE CODE WITH LOS ANGELES COUNTY FIRE CODE AMENDMENTS § 150.225 ADOPTION (A) The 2020 Los Angeles County Fire Code and the 2019 California Fire Code, Part 9 of Title 24 of the California Code of Regulations, are hereby adopted and enacted as the primary Fire Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Fire Code. (B) One copy of the 2019 California Fire Code, Part 9 of Title 24 of the California Code of Regulations and 2020 Los Angeles County Fire Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. HOUSE MOVING § 150.230 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BUILDING. Any structure having a roof supported by columns or by walls, and intended for the shelter, housing or enclosure of persons, animals, chattels or property of any kind. DIRECTOR. The Director of Public Works or his authorized representative. HOUSE MOVING PERMIT. A permit issued upon an application to allow the movement of a building or structure in, over, or upon any public street or public property within the city. PERMIT. A permit issued pursuant to the provisions of this chapter allowing a person to have a building or structure in and along any public or private street in the city. Ordinance No. 1441 Page 1 of 54 RELOCATE or RELOCATION. The temporary or permanent relocation of any building or structure upon any property located within the city. STRUCTURE. Anything constructed or erected requiring a fixed location on the ground or is attached to some object having a fixed location on the ground. § 150.231 PERMITS. (A) Required. No person shall move any building or structure in or along any public or private street within the city, without first obtaining a permit in the manner set forth in this subchapter. (B) Application; information required. To obtain a permit, the applicant shall first file an appli- cation therefor in writing on a form furnished for that purpose by the Director. Every such application shall contain the following information: (1) The present location of the building or structure to be moved. (2) The address and legal description of the land to which the building or structure is to be moved. (C) Filing fee. Prior to or at the time of filing an application for a permit, the filing and processing fee as prescribed by City Council resolution shall be paid by the applicant to cover the reasonable cost of investigations and other services required by the city pursuant to this chapter. § 150.232 INVESTIGATION OF APPLICATION. The Director, upon receipt of application for a permit shall make all necessary investigations to determine whether the building or structure may be moved safely in and along the proposed route. The application shall also be examined and reviewed by other departments of the city to ensure that the proposed route is safe. § 150.233 APPEAL TO COUNCIL. Any person dissatisfied with the determination of the Director with reference to a permit shall have the right of appeal to the City Council, taken in the time and manner set forth in § 30.04 of this code. § 150.234 EXCEPTION. Ordinance No. 1441 Page 1 of 54 A permit shall not be required pursuant to this subchapter for the transportation into or the use within the city, of any temporary building and/or structure if such transport and use is expressly permitted or required by other applicable laws or regulations, such as for construction offices, portable sanitation facilities, bleacher seats, construction barricades and the like and for use, and if used only in connection with a construction project or other temporary activity which can lawfully be conducted within the city. § 150.235 INSURANCE REQUIRED. The person named in the application as the person who will move the building or structure to be moved shall furnish evidence of public liability and property damage insurance in an amount to be approved by the Director. The city shall be named as co-insured in this policy. § 150.236 CONDITIONS OF APPROVAL. Upon such an application being made and the fee being paid, the Director shall issue a permit if he finds that compliance with this chapter shall be had, and that the route is feasible and will not pose a threat to vehicular and/or pedestrian traffic. The Director may, where circumstances warrant, condition permit approval, so as to ensure compliance with the pro- visions of this subchapter, including, but not limited to, a good and sufficient surety or a cash deposit in an amount to be determined by the Director to protect the city against damage to public property. The permit shall describe the streets along and over which the building shall be moved and the days and hours for such moving. § 150.237 BUILDING RELOCATION. (A) Prohibition. No person shall relocate a building or structure, or cause or permit the relocation of a building or structure, from any location without the city's boundaries to a location within the city's boundaries. (B) Structures which may be relocated. No person shall relocate a building or structure, or cause or permit the relocation of a building or structure, from any location within the city's boundaries to any other location within the city's boundaries unless all of the following requirements are met. (1) The structure is a detached single family residential structure (which may include its associated accessory structures); (2) The structure is currently existing and located within the city. (3) The structural integrity of the structure has not been compromised and has been certified by a City Inspector. Ordinance No. 1441 Page 1 of 54 (4) The applicant has demonstrated that there exists an involuntary and external hardship that necessitates the move of the structure. Economic hardship and financial speculation do not constitute hardship for this purpose. (5) The applicant has demonstrated there is an imminent threat of demolition of the structure. (6) The relocation of the structure will not cause a non -conforming situation. (7) The relocation of the structure will not require any deviations from applicable development standards. (C) Process for approval. A structure proposed for relocation shall be treated as a new structure and all approvals required for new construction shall first be obtained and all applicable fees paid before a house moving permit may be issued. (D) Fees. Fees to obtain approval to relocate a building within the city shall be as established by resolution of the City Council. § 150.238 EXCEPTION. The provisions of this subchapter shall not apply to new modular or prefabricated buildings or structures. VACANT AND ABANDONED PROPERTY REGISTRATION § 150.250 PURPOSE; SCOPE. It is the purpose and intent of the City Council, through the adoption of this subchapter, to establish an abandoned or vacant property registration program as a mechanism to protect neighborhoods and commercial areas from becoming blighted through the lack of adequate maintenance and security of abandoned and vacated properties. § 150.251 DEFINITIONS. For the purposes of this subchapter, certain words and phrases used in this subchapter are defined as follows: ABANDONED. A property that is: (1) Vacant; Ordinance No. 1441 Page 1 of 54 (2) Under a current notice of default; (3) Pending a tax assessor's lien sale; (4) Under a notice of trustee's sale; (5) Has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or (6) Has been transferred under a deed in lieu of foreclosure. ACCESSIBLE PROPERTY. A property that is accessible through a compromised/breached window, gate, fence, wall, etc. ACCESSIBLE STRUCTURE. A structure/ building that is unsecured or breached in such away as to allow access to the interior space by unauthorized persons. AGREEMENT. Any agreement or written instrument which provides that title to residential property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange. ASSIGNMENT OFRENTS. An instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another. BENEFICIARY. A lender or holder of a note secured by a deed of trust. BENEFICIARY/TRUSTEE. Both the beneficiary and the trustee. When any act is required of the beneficiary/trustee by this subchapter, both are responsible for performing such act and may be charged with a violation of this code for failure to act. However, it is sufficient if it is accomplished by either one. If information is required to be provided, they both must provide such information. BUYER. Any person, co -partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this section. DAYS. Consecutive calendar days. DEED IN LIEU OF FORECLOSURE/SALE. A recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. Ordinance No. 1441 Page 1 of 54 DEED OF TRUST. An instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan and often used in California instead of a mortgage. This definition applies to any and all subsequent deeds of trust, i.e., second trust deed, third trust deed, etc. DEFAULT. The failure to fulfill a contractual obligation, monetary or conditional. DISTRESSED. A property that is under a current notice of default or notice of trustee's sale and/or pending tax assessor's lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale. EVIDENCE OF VACANCY. Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant and not occupied by authorized persons. Such conditions include, but are not limited to, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings or personal items consistent with residential habitation, or statements by neighbors, passersby, delivery agents, government employees the property is vacant. FORECLOSURE. The process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults. LOCAL. Within 40-road/driving miles distance of the subject property. NEIGHBORHOOD STANDARD. Those conditions that are present on a simple majority of properties within a 300 -foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the 300 -foot radius, shall not be counted toward the simple majority. NOTICE OFDEFAULT. A recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale. OUT OFAREA. In excess of 40-road/driving miles distance of the subject property. OWNER. Any person, co -partnership, association, corporation or fiduciary having a legal or equitable title or any interest in any real property. OWNER OFRECORD. The person having recorded title to the property at any given point in time the record is provided by the Los Angeles County Recorder's Office. PROPERTY. Any unimproved or improved real property, or portion thereof, situated in the city and includes the buildings or structures located on the property regardless of condition. Ordinance No. 1441 Page 1 of 54 RESIDENTIAL BUILDING. Any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted and/or zoned for such use. RESPONSIBLE PERSON. Any person, partnership, association, corporation, or fiduciary having legal or equitable title to or any interest in any real property and includes trustees and beneficiaries of a deed of trust on the property and any other lien holder on the property. SECURING. Such measures as may be directed by the Planning Manager or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/padlocking of gates, the repair or boarding of door, window and/or other openings. Boarding shall be completed to a minimum of the current HUD securing standards at the time the boarding is completed or required. TRUSTEE. The person, firm or corporation holding a deed of trust on a property. TRUSTOR. A borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt. VACANT. A building/structure that is not legally occupied. § 150.252 RECORDATION OF TRANSFER OF LOAN/DEED OF TRUST/ASSIGNMENT OF RENTS. Within ten days after the purchase or transfer of a loan/deed of trust secured by residential property the new beneficiary/trustee shall record, with the Los Angeles County Recorder's Office, an assignment of rents, or similar document, that lists the name of the corporation, and/or individual, the mailing address and contact phone number of the new beneficiary/ trustee responsible for receiving payments associated with the loan/deed of trust. § 150.253 REGISTRATION. Any beneficiary/trustee who holds a deed of trust secured by a property located within the city which is abandoned shall, within ten days, register the property with the Planning Manager, or his/her designee, on forms provided by the city. (A) If the property is occupied but remains in default, then it shall be inspected by the beneficiary/trustee, or an agent/designee of the Ordinance No. 1441 Page 1 of 54 beneficiary/ trustee and shall be deemed abandoned, and the beneficiary/trustee shall, within ten days register the property with the Planning Manager, or his/her designee, on forms provided by the city. (B) The beneficiary/trustee shall also register any property which becomes vacant after a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any property which becomes vacant after being transferred under a deed in lieu of foreclosure/sale. (C) Such registration shall contain the following information for both the beneficiary and the trustee: name (corporation or individual); the street/office address (not a P.O. box) and if different, the mailing address; a direct contact name and phone number for the person handling the deed of trust and/or foreclosure; and, in the case of a corporation or out -of -area beneficiary or trustee, the local property manager responsible for the security, marketing and maintenance of the property. (D) The annual registration fee established by City Council resolution, shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1 of each year and must be received no later than January 31 of the year due. (E) Persons required to register properties pursuant to this subchapter shall keep such properties registered and all required information updated, comply with the annual registration requirement and all of the security and maintenance requirements of this subchapter for the entire time such properties remain vacant. When such properties become occupied or title is transferred, the beneficiary/trustee or prior responsible person shall notify the Planning Manager, or her or his designee in writing. (F) Any person, firm or corporation required to register a property pursuant to this subchapter must report any change of information contained in the registration within ten days after the change. § 150.254 INSPECTION AND REGISTRATION OF PREVIOUSLY ABANDONED PROPERTIES. Any beneficiary/trustee who holds a deed of trust on a property located within the city, which property, on or before May 15, 2009 is: under a current notice of default; under a current notice of trustee's sale; pending a tax assessor's lien sale; has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or has been transferred under a deed in lieu of foreclosure/sale, shall, on or before July 14, 2009, perform an inspection of the property that is the security for the deed of trust. If the property is found to be vacant or shows evidence of vacancy, then it is, by this subchapter, deemed Ordinance No. 1441 Page 1 of 54 abandoned and the beneficiary/trustee shall, within ten days after the inspection, register, on forms provided by the city, the property with the Planner Manager or her or his designee. § 150.255 MAINTENANCE REQUIREMENTS. Responsible persons, including beneficiaries/ trustees, shall maintain properties subject to inspection or registration pursuant to this subchapter, and any other applicable provisions of federal, state or local law, and shall keep such properties free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law, discarded personal items including but not limited to furniture, clothing, large and small appliances, or printed material and shall take any other action necessary to prevent giving the appearance the property is abandoned, including but not limited to the following: (A) The property shall be kept free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure. (B) Front and side yards visible from the public rights-of-way or neighboring private or public property shall be landscaped and maintained in accordance with city requirements and the neighborhood standard applicable at the time registration was required. (C) Permitted landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. (D) Permitted landscaping does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, indoor -outdoor carpet or any similar material. (E) Required maintenance includes but is not limited to regular watering, irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings. (F) Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or drained and kept dry. In either case properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California. (G) Adherence to this section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any covenants, conditions and restrictions and/or homeowners' association rules and regulations which may apply to the property. § 150.256 SECURITY REQUIREMENTS. Ordinance No. 1441 Page 1 of 54 Responsible persons, including beneficiaries/ trustees, shall secure properties subject to inspection and/or registration pursuant to this subchapter, in a manner to prevent access by unauthorized persons, including but not limited to the following: the closure and locking of windows, doors (walk-through, sliding and garage), gates and any other opening of such size that it may allow a child to access the interior of the property and or structure(s). In the case of broken windows securing means the re -glazing or boarding of the window. Responsible persons shall do the following: (A) If the responsible person is a corporation and/or out -of -area beneficiary/trustee/owner, a local property manager shall be hired to perform weekly inspections to verify that the requirements of this subchapter, and any other applicable laws, are being met. (B) The property shall be posted with the name and 24-hour contact phone number of the local property manager. The posting shall be no less than 18 inches by 24 inches and shall be of a font that is legible from a distance of 45 feet and shall contain, along with the name and 24-hour contact number, the words "THIS PROPERTY MANAGED BY", "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)" and "IF NO RESPONSE WITHIN 48 HOURS, CONTACT CODE ENFORCEMENT AT (626) 813-5238." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/ structure facing the street to the front of the property so it is visible from the street or, if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of and printed with weather -resistant materials. (C) The responsible person or local property manager shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this subchapter. § 150.257 ADDITIONAL AUTHORITY. In addition to the enforcement remedies established in Chapters 10, 15 and 95 of this Code, the Planner Manager, her or his designee, shall have the authority to require the responsible person of any property affected by this section to implement additional maintenance and security measures, including, but not limited to, securing each door, window or other opening, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard, disconnecting utilities and removing the meter boxes, or other measures as may be reasonably required to arrest the decline of the property and prevent unauthorized entry. § 150.258 ENFORCEMENT. Violations of this subchapter may be enforced as allowed in Chapters 10, 15 and 95 of this Code or any combination thereof. Ordinance No. 1441 Page 1 of 54 § 150.259 VIOLATION; PENALTY. Violations of this subchapter shall be treated as a strict liability offense regardless of intent. Any person, firm or corporation that violates any portion of this subchapter shall be subject to prosecution and administrative enforcement as provided in Chapters 10 and 15 of this Code and subject to the penalties set forth therein. It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this subchapter is committed, continued, or permitted by any person, and such person shall be punished accordingly. § 150.260 FEES. The fee for registering an abandoned residential property shall be set by resolution of the City Council. § 150.261 APPEALS. Any person aggrieved by any of the requirements of this subchapter may appeal insofar as such appeal is allowed in Chapter 15 or 95 of this Code. STAFF REPORT A SAN GABRIEL -" Zoo ,, VALLEY r ��' ITEM NO. 7 TO: Honorable Mayor and Members of the City Council FROM: Ben Martinez, Director of Community Development PREPARED BY: Ron Garcia, City Planner DATE: November 6, 2019 SUBJECT: Approval of a 3 -Party Agreement between ECORP Consulting, Inc. and the City of Baldwin Park for CEQA Related Services for a proposed Two (2) Story, 15,635 S.F. Industrial Commercial building at 13057-13065 Garvey Avenue SUMMARY This report requests City Council approval of a 3 -party Agreement between ECORP Consulting Inc. and the City of Baldwin Park for the purposes of completing environmental analysis in compliance with the California Environmental Quality Act (CEQA) for a new two (2) story industrial commercial building of approximately 15,635 square feet. RECOMMENDATION Staff recommends that the City Council approve the 3 -party Agreement with ECORP Consulting Inc. in the amount of $50,465.55 for environmental consulting services and authorize the Mayor to execute the Agreement. FISCAL IMPACT There is no fiscal impact to the General Fund because the applicant will pay up front to cover the cost of the consultant in addition to the City's plan check deposit to cover administrative costs. The deposit will be allocated to a specific account to be exclusively used to pay the consultant fees. DISCUSSION Applicant Michael Galanakis of MG Development submitted plans for Design Review in July of 2019 to construct a 15,635 square foot industrial commercial building. The application was tentatively approved with the condition of securing the following entitlements: 1. Design Review for the building architecture and site design-, and 2. Tentative Parcel Map to combine three lots into one; and 3. Zone Variance to combine three lots into one with less than the minimum lot size, and lot depth in the Industrial Commercial Zone. Because the proposed project requires a zone variance and is over 10,000 square feet, it does not fall within any of the CEQA exemption classifications. Therefore the Planning Division is in need of professional services to assist in the evaluation of environmental review for the construction of the proposed project. The subject properties are located at 13057, 13061, 13065 Garvey Avenue (APNs: 8556-022-(906- 907-908), immediately north of 1-10 San Bernardino Freeway generally west of Fairgrove Avenue and east of Frazier Street. The sites are vacant and front Garvey Avenue, which runs parallel to the 1-10 Freeway located to the south and is bordered by an auto repair shop to the west, and an alley to the north. Staff's evaluation of the proposed project and the requirements of CEQA requires the preparation of an Initial Study/ Environmental evaluation to disclose the project's effect on the environment. Staff released a Request for Proposals (RFP) for CEQA environmental review services for the industrial commercial building on August 29, 2019 with a closing date of September 12, 2019. The RFP was advertised on the City website. Four proposals were received. The proposals were reviewed and evaluated based on the following criteria with the weight of each criterion indicated n parenthesis: 1. Experience & Staffing (45%) — The entity's previous experience with preparing initial Studies, Mitigation Measures, and associated environmental documentation for a project of this nature. 2. Project Approach (25%) —The entity's understanding of the CEQA process and the development of mitigation measures for this type of project. 3. Cost (30%) — The entity's fees and expenses for proposed level of effort. The firms that responded are all reputable firms with the ability to fulfill the needs of the City. The results of the evaluation are as follows: Consultant Cost Score ECORP Consulting Inc. $50,465 93% Terry Hayes and Associates (TAHA) $45,787 91% UltraSystems Environmental Inc. $58,800 80% EcoTierra $45,735 73% Chambers Group $60,452 71% DUDEK $76,715 68% Michael Baker International $61,031 68% CASC Engineering Consulting $83,686 60% Based on the evaluation by staff, ECORP Consulting Inc. has been selected to assist with the preparation of environmental documentation as required by CEQA. Based on the evaluation of the proposals, ECORP Consulting Inc. was ranked Number 1. ECORP's proposal was selected based on their experience in preparing environmental documents, their schedule to prepare the environmental document, their understanding of the proposal, the qualifications of key personnel, and a comprehensive fee schedule. In the attached 3 -Party Agreement, each entity has the following responsibilities: 1) City's Responsibility: Prepare, post, and mail public hearing notices, review consultants work product, monitor contract, and pay invoices submitted by consultant pursuant to 3 -Party Agreement. 2) Developer's Responsibility: Payment as stipulated in 3 -Party Agreement to the City, in the amount of $50,465.55 (Contract Price) and review of work product and invoices submitted by consultant. 3) Consultant's Responsibility: See Attachment #1 for specific details. ALTERNATIVES Reject proposals and direct staff to send out another RFP. This alternative could increase the time to prepare the environmental document and the time it takes to schedule public hearings for the project. LEGAL REVIEW None Required ATTACHEMENTS 1.) 3rd Party Agreement ATTACHMENT #1 THIRD PARTY AGREEMENT THREE -PARTY CONSULTANT AGREEMENT Environmental (CEQA) Related Consultant Services This three -party agreement (hereinafter referred to as this "Agreement") is made and entered into by and among the City of Baldwin Park, a municipal corporation, (hereinafter referred to as "CITY"), Michael Galanakis representing MG Development (hereinafter referred to as "DEVELOPER") and ECORP Consulting Inc. (hereinafter referred to as "CONSULTANT"). (Hereinafter, CITY, DEVELOPER and CONSULTANT are also referred to individually as "Party" or collectively as "Parties.") WHEREAS, to allow for DEVELOPER to: construct a two (2) story, 15,635 s.f. industrial commercial building. DEVELOPER seeks a zone variance to combine three lots into one with less than the minimum required lot size, and lot depth within the Industrial Commercial zone and a tentative parcel map to combine three parcels into one (hereinafter referred to as the "PROJECT"); WHEREAS, in order for CITY to be able to review and proceed with all necessary actions required as a result of the PROJECT, CITY has determined an agreement is needed for California Environmental Quality Act ("CEQA") related consultant services (herein after referred to as "Services" and as further defined below at paragraph 1) to review and process the PROJECT, and DEVELOPER has agreed to pay for the Services as stipulated in the City's Fee Schedule; WHEREAS, the parties understand this Agreement does not commit CITY to approve the PROJECT; WHEREAS, CITY desires to contract with CONSULTANT to conduct the Services, as described in this Agreement and DEVELOPER desires to join in this Agreement to agree to pay CONSULTANT and CITY for such Services. NOW, THEREFORE, the Parties agree as follows: 1. SCOPE OF SERVICES. CONSULTANT shall provide all the professional work (i) necessary for the satisfactory completion of the Services, as described in Exhibit "A," attached hereto and incorporated herein, and (ii) related to the PROJECT as reasonably needed and requested by CITY'S Community Development Director, or his/her designee. The requested work shall be deemed part of the Services (the above described scope of services shall be referred to herein as the "Services"). CITY retains full authority and discretion to review and approve, conditionally approve or deny the PROJECT. 2. TERM OF AGREEMENT. The Services shall be provided during the term of this Agreement which shall begin on the Effective Date, as defined in Paragraph 19 of this Agreement, and end not later than one hundred forty (140) days after the Commencement Date (as defined in Exhibit B), unless otherwise terminated or the time is extended consistent with the provisions of this Agreement (the "Term"). After consultation with DEVELOPER, the Term may be extended by letter in the reasonable discretion of CITY'S Community Development Director his/her designee, or by formal amendment to this Agreement executed by the Parties. CONSULTANT acknowledges and agrees the 140 -day term is an estimate only and CITY desires the Services be completed in a diligent and -2- expeditious manner and within approximately (140) days after the Commencement Date. 3. CONSULTANT REPRESENTATIVE. CONSULTANT'S professional services shall be performed by or shall be immediately supervised by Tom Holm, Project Manager of ECORP Consulting Inc., who shall act as CONSULTANT'S representative. Any change in CONSULTANT'S representative shall require prior written approval by CITY'S Community Development Director, or his/her designee, which approval shall be made in his/her sole discretion. 4. CONTRACT PRICE For all labor, materials and services provided by CONSULTANT, including all out-of-pocket expenses and reimbursements, CITY shall pay CONSULTANT a total fee not to exceed Fifty Thousand Four Hundred and Sixty Five Dollars and Fifty Five Cents ($50,465.55) (hereinafter referred to as "Not -to -Exceed Fee"); provided, that the Parties understand and agree CITY shall have no obligation to pay CONSULTANT unless CITY has received from DEVELOPER sufficient funds to make any payment to CONSULTANT. Such fee shall not be exceeded without the express prior written consent of CITY'S Community Development Director, or his/her designee, after consultation with DEVELOPER. In addition, CITY shall charge DEVELOPER an Administrative Plan Check Deposit Fee of Ten Thousand Dollars ($10,000) to cover administrative costs. DEVELOPER shall pay to CITY, within five (5) days following the execution of this Agreement, the Not -to -Exceed Fee and the Administrative Plan Check Deposit Fee together totaling Sixty Thousand Four Hundred and Sixty Five Dollars and Fifty Five -3- Cents ($60,465.55) (herein referred to as the "Contract Price"). In the event the CONSULTANT'S total fee exceeds the Not -to -Exceed Fee ("Exceeded Fee"), DEVELOPER shall pay to City the difference between the Not -to -Exceed Fee and the Exceeded Fee and the difference between the Administrative Plan Check Deposit Fee and the Exceeded Administrative Plan Check Deposit Fee. DEVELOPER acknowledges CITY will not authorize CONSULTANT to proceed under this Agreement until DEVELOPER has paid CITY the Contract Price. 5. PAYMENT SCHEDULE CONSULTANT shall submit invoices for work satisfactorily rendered to CITY. CONSULTANT shall submit invoices to CITY on a monthly basis, which shall contain a reasonably detailed statement of each task for which work was performed, the number of hours for such task, the professional who performed the task, his or her hourly rate and the cost of materials. Prior to paying CONSULTANT any such cost or expense for Services, CITY shall provide DEVELOPER a copy of the invoice for its review. DEVELOPER shall have the right to object to the payment of any invoice by written notice to CITY'S Community Development Director delivered within ten (10) days after delivery of the subject invoice to DEVELOPER. Those invoices not objected to by DEVELOPER within ten (10) days after delivery of the subject invoice shall be deemed approved by DEVELOPER and may be paid by CITY. Each invoice shall be paid by CITY within thirty (30) days after approval from CITY and DEVELOPER. 6. ADDITIONAL SERVICES. In the event CITY determines additional services, not covered by Services described in Exhibit 'A," are needed for the PROJECT, then CITY shall consult with DEVELOPER. CITY shall not authorize CONSULTANT to proceed with any additional services unless DEVELOPER has agreed to pay for the additional services in writing, whose approval shall not be unreasonably withheld. 7. INDEMNIFICATION CONSULTANT shall protect, defend, indemnify, and hold harmless DEVELOPER, CITY, and each of their elected and appointed boards, officers, agents, attorneys and employees (hereinafter referred to collectively as "INDEMNIFIED PARTIES") from any and all claims, liabilities, expenses, or damages of any nature, including reasonable attorney fees and costs, for injury to or death of any person, and for injury to any property, including consequential damages of any nature resulting therefrom, to the extent arising out of or in any way connected with the performance of this Agreement, by or on behalf of CONSULTANT; provided, that CONSULTANT'S obligation to indemnify and hold harmless shall only be to the extent CONSULTANT or its employees, agents or officers causes the damages. CITY does not, and shall not, waive any rights against CONSULTANT because of the acceptance by CITY of the insurance policies described in this Agreement. In the event any of INDEMNIFIED PARTIES are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONSULTANT or its employees, agents or officers, CONSULTANT shall not be relieved of its indemnity obligation to INDEMNIFIED PARTIES by any settlement with any such third party unless that -5- settlement includes a full release and dismissal of all claims by the third party against 8. INSURANCE Without limiting its obligations pursuant to Paragraph 7, CONSULTANT shall name INDEMNIFIED PARTIES as additional insureds on the policies listed in subparagraphs (b) and (c), below, and shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Professional/negligent acts, errors and omissions insurance in an amount of One Million Dollars ($1,000,000.00); (b) Comprehensive general liability in the amount of One Million Dollars ($1,000,000.00), including premises -operations, products/completed operations, broad form property damage and blanket contractual liability; and (c) Automobile liability for owned, hired, and non -owned vehicles in the amount Five Hundred Thousand Dollars ($500,000.00). A Certificate of Insurance for all the foregoing policies and an Additional Insured Endorsement for the general liability policy signed by CONSULTANT'S insurance carrier in a form approved by CITY'S City Attorney must be provided prior to payment of the Contract Price pursuant to this Agreement. 9. WORKERS' COMPENSATION INSURANCE. In addition to the insurance coverage in Paragraph 8 above, CONSULTANT shall obtain and maintain, during the life of this Agreement, Workers' Compensation Insurance in the statutorily required amounts. Neither the failure of CONSULTANT to SI supply specified insurance policies and coverage, nor the failure of CITY to approve the same, shall alter or invalidate the provisions of Paragraph 7 of this Agreement. 10. ASSIGNMENT. No assignment by CONSULTANT of this Agreement will be recognized by CITY and DEVELOPER unless such assignment has prior written approval of CITY and DEVELOPER. Any assignment without such consent shall be voidable and shall, at the option of CITY and DEVELOPER, terminate this Agreement. 11. TERMINATION OF AGREEMENT. CITY or DEVELOPER may terminate this Agreement at any time by giving the other party ten -working days' (10 -working days') prior notice in writing to all the Parties; provided, that CONSULTANT is entitled to payment for Services satisfactorily rendered prior to such termination based on time and materials actually expended, subject to the provisions of Paragraph 4 of this Agreement. 12. AMENDMENT Except to the extent expressly provided herein, this Agreement, and the provisions contained herein, may not be altered, changed or amended, except by mutual consent of the Parties, in writing and signed by all Parties. 13. INDEPENDENT CONTRACTOR STATUS. At all times during the performance of this Agreement, CONSULTANT shall be an independent contractor of CITY, and shall not be (nor hold its employees, agents or officers out to be) employees, officers or agents of CITY or DEVELOPER. CONSULTANT shall at its own expense secure and be responsible for any and all payments of Income Taxes, Social Security, State Disability Insurance Compensation, -7- Unemployment Compensation, and all other payroll deductions required of CONSULTANT and its officers, agents and employees and penalties assessed for non- payment of the same. 14. SEVERABILITY. If any clause, provision or section of this Agreement shall be ruled invalid by any court of competent jurisdiction, then the invalidity of such clause, provision or section shall not affect any of the remaining provisions hereof. 15. GOVERNING LAW/COMPLIANCE WITH LAWS. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The Parties agree to be bound by all federal, state and local laws, ordinances, regulations and directives pertaining to the Services. If litigation arises out of this Agreement, then venue shall be the Superior Court of Los Angeles County. i 1TI 4:A Waiver by CITY or DEVELOPER of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of such terms, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. 17. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between the Parties for the Services and supersedes any and all prior negotiations, representations or agreements, either oral or written. 18. OWNERSHIP OF REPORT. 52 Without prior written approval from CITY, CONSULTANT shall not provide any information, data or exhibits prepared or assembled by CONSULTANT in connection with the performance of its services pursuant to this Agreement to any person other than CITY. All such reports, information, data, and exhibits shall be the property of CITY. Upon demand, the original documents shall be delivered to CITY and a copy shall be delivered to DEVELOPER without additional cost or expense to CITY or DEVELOPER. CONSULTANT shall have the right to retain copies of CONSULTANT'S work upon completion of CONSULTANT'S services pursuant to this Agreement. All written documents shall be provided to CITY in digital and in hard copy form. 19. EFFECTIVE DATE. The effective date of this Agreement is the date it is signed on behalf of CITY (herein referred to as "Effective Date") 20. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. DEVELOPER: MG Development Dated: By: Michael Galanakis CONSULTANT: In ECORP Consulting, Inc. Dated: By: Brant A. Brechbiel Vice President/Chief Contracting Officer CITY: THE CITY OF BALDWIN PARK, a municipal corporation Dated: By: Jean M. Ayala, City Clerk APPROVED AS TO FORM: Tafoya & Garcia NM Robert Tafoya, City Attorney -10- Manuel Lozano Mayor Exhibit "A" Scope of Services Page 1 of 1 Proposal for California Environmental Quality Act (CEQA) Consulting Services for a Proposed 15,635 -Square Foot Industrial Commercial Development in the City of Baldwin Park, California PROJECT APPROACH Task 1 - Consultation with Staff The ECORP Team will schedule and conduct a project kickoff meeting with City staff within one (1) week of the notice to proceed (NTP). The purpose of the meeting will be to establish communication protocol, confirm the scope and schedule, and identify any remaining data to be transferred. A site visit will be conducted. ECORP will prepare the Project Description to include required content pursuant to CEQA Guidelines Section 15124. This will include project location, project objectives, narrative description of project technical and environmental characteristics, proposed uses, and a construction schedule. Task 2 — Technical Studies Team member KOA will prepare a traffic impact analysis, while ECORP will prepare the following technical studies: air quality, greenhouse gas emissions, and noise. The approach to preparation of these studies is provided below. 2.1 Traffic Impact Analysis KOA will prepare a traffic impact study for the proposed project. Based on information in the City's RFP and the project size, it is estimated that up to three study intersections would be included in the impact analysis after the scoping process is complete with the City. Prior to commencing with full-scale preparation of the subject traffic impact study, KOA will coordinate with the City to define in an informal process project trip generation, study area intersections, trip distribution, and other primary methodological details including level of service calculations and significant impact definitions to be used for the study intersections. Other tasks will not proceed until comments are received from the City on the provided information. KOA will collect peak -period weekday counts at the three study intersections. Counts conducted for another nearby project have been assumed to be adequate for this project, at two of the study locations. The counts will take place during weekday peak periods - 7:00 a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m. KOA will perform fieldwork to compile information on general study area roadway cross-sections and study intersection approach lane and traffic control configurations, and general site distance issues in the vicinity of the project site. KOA will compile a cumulative projects list based on information to be requested from City planning staff. KOA will analyze the collected data, and analyze current level of service, existing plus -project conditions, and future with project conditions. The project trip generation and distribution analysis will be based on rates published by the Institute of Transportation Engineers, based on the project September 12, 2019 ■ 9 P19-550 Proposal for California Environmental Quality Act (CEQA) Consulting Services for a Proposed 15,635 -Square Foot Industrial Commercial Development in the City of Baldwin Park, California floor area. Level of service (LOS) will be analyzed at the study intersections, and peak -hour vehicle volume signal warrant thresholds of the California edition of the Manual for Uniform traffic Control Devices (MUTCD) will be reviewed as necessary. Any significant traffic impacts based on local guidelines at the study locations due to the project will need to be mitigated. In cases where capacity increases are possible, KOA will analyze the study intersections that can be mitigated to a satisfactory level of service thru signalization or other less intensive measures. KOA will determine if the proposed project will impact the monitored Congestion Management Program regional network. KOA will produce a traffic impact study that provides methodology definitions, analysis discussion, tables, figures, and technical appendices. Significant impact calculations based on current City guidelines and policies will be included. Site access and parking provisions will be qualitatively discussed. KOA will attend up to three in-person meetings (including a kick-off meeting) or public hearings with the Client and the City. 2.2 Air Quality/Greenhouse Gas Emissions As part of the environmental analysis for the proposed project, ECORP will prepare an air quality and greenhouse gas technical study to satisfy CEQA requirements. The analysis will be prepared as follows: Identify the existing air quality setting in the area. -p Identify applicable international, federal, state, SCAQMD's, and local rules and regulations including the State greenhouse gas (GHG) regulations Assembly Bills (AB) 32 and 1493, Senate Bills (SB) 32, 97, 107, 375, 527, 1368, and 1771, and Executive Orders S-3-05 and 5-14- 08. Obtain existing air quality data from air quality monitoring stations within the study area utilizing California Air Resources Board (CARB) data sources. Data will be obtained for air pollutants, including ozone, carbon monoxide (CO), nitrogen dioxide (NO2), PM1o, and PM2.5. Identify greenhouse gases (GHGs) and their associated impacts to global climate change. Identify thresholds of significance for the criteria pollutants and GHGs. Evaluate and quantify regional criteria pollutant and GHG emissions associated with demolition and construction activities for the proposed project utilizing the CalEEMod Model. If significant emission levels are found to be created from construction activities, feasible mitigation will be developed and quantified. Evaluate local NOx, CO, PMlo, and PM2.5 construction and operational emissions at the nearest sensitive receptors located adjacent to the boundary of the project. The emissions will be compared against the SCAQMD Look -Up Tables and will follow the methodology described in the SCAQMD Localized Significance Threshold Methodology (July 2008). Evaluate and quantify regional criteria pollutant and GHG emissions associated with the operations of the proposed project utilizing the CalEEMod Model. All feasible mitigation will be identified and quantified through use of the CalEEMod Model, as necessary. September 12, 2019 ■ 10 P19-550 Proposal for California Environmental Quality Act (CEQA) Consulting Services for a Proposed 15,635 -Square Foot Industrial Commercial Development in the City of Baldwin Park, California If the traffic study data deem it necessary, prepare a micro -scale CO screening analysis of the study area intersections based on the conditions in the traffic study prepared for the proposed project and verify if it is in accordance with the SCAQMD requirements as described in the CEQA Air Quality Handbook. Provide a qualitative odor analysis from the construction and operation of the proposed project. 6 Compare the operational GHG emissions to all applicable GHG emissions thresholds including AB 32, SB 375 and SCAQMD's draft GHG emissions threshold of 3,000 metric tons Of CO2e per year for all land uses. If the GHG emissions exceed any applicable thresholds, provide mitigation to reduce the GHG emissions. In lieu of an approved City Climate Action Plan, the project will be compared to goals of the City of Baldwin Park Health and Sustainability Element and California Air Resources Board (CARB) Scoping Plan. Prepare an air quality and global climate change assessment documenting the results of the of the previous work tasks. Review the City's comments, whether verbal or written, and revise draft air quality impact analysis (if necessary) and provide the final version. 2.3 Noise Impact Analysis ECORP will evaluate potential noise impacts from construction and occupancy and use of the project. The analysis in the noise section will be supported by modeling documentation included as an attachment. Existing Conditions. Applicable noise standards regulating noise impacts and land use compatibility will be identified. Applicable noise standards regulating noise impacts promulgated by Baldwin Park, and the County of Los Angeles will be identified. In order to establish the existing ambient noise levels currently experienced at these receptors, a site visit will be conducted, and short-term noise level measurements will be taken in the Project area. The noise monitoring survey will be conducted at up to three separate locations to establish baseline noise levels. Noise recording lengths are anticipated to require approximately 10 minutes at each location. Construction -Related Noise and Vibration. Construction would occur during implementation of the Project. Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The analysis will employ the Roadway Construction Noise Model to quantify Project construction noise and identified construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at nearby sensitive locations. In addition to construction noise, an analysis of vibration impacts will be based on Caltrans 2004 September 12, 2019 ■ 11 s.€ € Pc" .uWnr rz P19-550 Proposal for California Environmental Quality Act (CEQA) Consulting Services for a Proposed 15,635 -Square Foot Industrial Commercial Development in the City of Baldwin Park, California vibration analysis guidance. Analysis requirements will be based on the sensitivity of the area and specific construction activities. Operational Noise Sources. The evaluation of stationary source noise impacts emanating from the Project (e.g., forklifts, back-up beepers, loading bays, and mechanical equipment) will be addressed. In addition to stationary noise, onsite and offsite noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108). The 24-hour weighted Day -Night Average (Ldp) will be presented in a tabular format. 2.4 AB 52 Tribal Cultural Resources Consultation Support Consultation with California Native American tribes under Assembly Bill 52 (AB 52) is the responsibility of the CEQA lead agency. However, ECORP can assist the City of Irwindale with the consultation process. AB 52 states that Tribes interested in consulting must submit or have submitted a general request letter to the consulting agency to consult under AB 52 on CEQA projects. First, ECORP will coordinate with the City to determine which tribes have submitted general requests to consult under AB 52. AB 52 requires that each group that has submitted general consultation requests must be contacted by letter to provide them with information about the project and ask if they wish to consult with the agency for the proposed project. ECORP's expertise in Tribal Cultural Resources has led us to provide AB 52 training and consultation to more than 65 groups since the bill became effective in 2015. ECORP will draft the letters for the City and submit the draft letters to the City electronically. We have assumed that the City staff will print the letters on agency letterhead, obtain the required internal signatures, and provide ECORP with the letters for mailing to the tribes and individuals who have submitted general request letters within 14 days of determining that the project application is complete, as required by AB 52. For tribes that respond within 30 days with a request to consult, ECORP will assist the City in initiating consultation. Consultation must be initiated within 30 days of receiving the written request to consult. ECORP will assist the City by arranging meeting times for consultation or field visits. Native American consultation meetings will be led by City staff with technical assistance from ECORP. ECORP will document the consultation process and comments discussed and advise the City on how to come to conclusion to the consultation, as specified by AB 52. For costing purposes, ECORP assumes that one (1) on-site meeting will occur as part of the AB 52 process. After comments have been addressed in the CEQA document as appropriate, or a robust administrative record has been assembled to document unsuccessful attempts to consult with one or more tribes under AB 52, ECORP will draft an AB 52 conclusion letter for the City to send to the tribes. The letter will summarize the consultation efforts under AB 52, the comments received, and the measures taken to address those comments. If any comments are not reasonable or feasible to address, then the letter will September 12, 2019 ■ 12 1"C'ORP $. tT£1StF€strip Cnc_ P19-550 Proposal for California Environmental Quality Act (CEQA) Consulting Services for a Proposed 15,635 -Square Foot Industrial Commercial Development in the City of Baldwin Park, California also state why that is the case. The purpose of the letter is to officially conclude the AB 52 consultation and close out the administrative record, thereby demonstrating compliance. ECORP assumes that the City will maintain an administrative record documenting all AB 52 Consultation activities and results. Task 3 - Prepare CEQA Administrative Draft Initial Study ECORP will complete an Initial Study (IS) to support the City's determination as to the appropriate type of CEQA documentation for the Project. The IS will include an Introduction, Project Description, Environmental Setting, completed Environmental Checklist Form, Organizations and Persons Consulted, and Appendices containing technical information and reports. Records searches for cultural resources and hazardous waste listings will be conducted. Together with findings of the technical studies (Task 2), the IS will provide the basis for a City determination of the type of CEQA document (likely Negative Declaration (ND) or Mitigated Negative Declaration [MND]) to be processed to support discretionary approvals. If mitigation measures are required, ECORP will prepare the draft Mitigation Monitoring Program. (MMP). Deliverable: * One electronic copy in pdf format and one electronic copy in Word format of Administrative Draft Initial Study and Environmental Document Task 4 — Prepare Initial Study and Environmental Document 4.1 Revise Administrative Draft IS/Prepare Public Review Draft MND ECORP will review City staff comments on the Administrative Draft IS and Mitigation Monitoring Program and make necessary revisions prior to the release of the Draft IS/MND for public review. ECORP will produce an unbound master copy of the Public Review Draft IS/MND and a complete set of electronic PDF files and will coordinate printing of copies for public distribution as directed by the City. A Notice of Intent (NOI) and the Notice of Completion (NOC) transmittal form will be prepared by ECORP for transmittal to the County Clerk to start a 20 -day local review. (Note: If distribution for State review is required, ECORP will send the NOI/NOC to the State Clearinghouse with copies of the Public Review Draft IS/MND for a 30 -day agency review. Deliverables: r Five (S) hard copies, 10 CDs in pdf format, and one electronic copy in Word format of Initial Study and Environmental Document (e.g. ND or MND) r One electronic copy in pdf format and one electronic copy in Word format of Draft Initial Study and Mitigated Negative Declaration, and Mitigation Monitoring Program Task 5 — Public and Agency Review Process ECORP will assist City staff in identifying any responsible and trustee agencies and will distribute the environmental document to any identified agencies as appropriate. ECORP will be responsible for all ,� September 12, 2019 ■ 13 P19-550 0 h U .666666, J Q I I H O F Ko � O S O o o 2 O S � 3o m ti O U 11 f lo 66 1 I 15 Im H a n p p O 2 IS o FU- O So So o s O H O U Q � O W U � 2 H O U H � 614 O S m H O U 3 m !� m � c � U � O 2 O W J Q O 2 o U O] ` J 2 Q `o p N � p z = E 2 d E U - oQ u to Q O Z O I I Q O Z O Exhibit "B" Schedule Page 1 of 1 Proposal for California Environmental Quality Act (CEQA) Consulting Services for a Proposed 15,635 -Square Foot Industrial Commercial Development in the City of Baldwin Park, California CEQA noticing tasks, including Notice of Completion (NOC), Notice of Intent to Adopt (NOI), and Notice of Determination (NOD). ECORP's scope and budget will include payment of County Clerk fees and California Department of Fish and Wildlife (CDFW) fees, as applicable. (Note: It is assumed City staff will prepare public notices for newspaper publishing and mailing as required for the public hearing.) ECORP will address any substantive agency and public comments received during the public comment period on the Draft IS/MND. Deliverables: 4 Notice of Completion (NOC), Notice of Intent to Adopt (NOI), Notice of Determination (NOD) 4, Other transmittal documentation for responsible or trustee agencies as required 4 De Minimis Finding and CDFW fee Task b — Public Hearings Following the kickoff meeting (Task 1) ECORP will coordinate with City staff throughout the CEQA process to review progress and project issues. ECORP will attend Planning Commission and City Council public hearings as necessary to address any questions concerning the Environmental Document and impact analysis. A total of three such public hearings before the Planning Commission or City Council are assumed for initial budgeting purposes. Schedule ECORP is confident we will meet the time frame for the completion of the required CEQA document as detailed in the timeline below. The 30 -day Assembly Bill (AB) 52 (for Native American consultation) response period and any related tribal consultation must be completed prior to the start of the Draft IS/MND public review period. Table 1— Project Timeline Initial Consultation with City Staff Week 1 Send AB 52 Consultation Notice to Tribes Week 2 Complete Technical Studies Weeks 4-6 Submit Administrative Draft Initial Stud w/ Technical Studies Weeks 6-8 City Review Weeks 8-10 Submit Revised Administrative Draft IS/MND Week 11 City Review Week 12 Notice/Distribute Public Review Draft IS/MND Weeks 12-15 Responses to Comments and MMRP Week 16 City Review Weeks 17-18 Public Hearin s TBD NOD Within 5 working days of Project Approval ��.. September 12, 2019 ■ 14 P19-550 ITEM NO. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Benjamin Martinez, Director of Community HUs OF,: '� � THE ' Development rte/ sA11 N GA8"KIEL '''" ' DATE: November 6 2019 .�to ` VALLEY X01 � 'Rg71 pD JAW3 � SUBJECT: Adopt Resolution 2019-048 and Approve the Purchase of Real Property Located at 14824 Ramona Boulevard (APN: 8437-014-014) SUMMARY The purpose of this staff report is to provide background information and transaction details for the City Council to consider the adoption of Resolution No. 2019-048 approving the purchase of the real property described as APN: 8437-014-014, located at 14824 Ramona Boulevard in the City of Baldwin Park for $725,000. RECOMMENDATION Staff recommends that the City Council approve the purchase of the real property located at 14824 Ramona Boulevard for the amount of $725,000 from the Future Development Fund ("FDF"). Staff further recommends that the City Council take action on the following: 1. Approve the Resolution entitled "A Resolution of the City Council of the City of Baldwin Park Authorizing the Purchase of the Real Property located at 14824 Ramona Boulevard (APN 8437-014-014) in the City of Baldwin Park and Authorizing the Mayor to Execute Documents Relating to Same"; and 2. Approve Purchase and Sale Agreement; and 3. Authorize the Chief Executive Officer and the City Attorney to carry out all subsequent and needed action to complete the purchase of the property. FISCAL IMPACT The total fiscal impact is $725,000 as described in the Purchase and Sale Agreement attached hereto as Exhibit "A". The purchase will require a deposit of $13,500 by the City and is fully refundable within the 60 -day contingency period. The source of funds will be the FDF. BACKGROUND Acquisition of said parcel will stimulate the future redevelopment of the Downtown Baldwin Park area. It is proposed to combine the acquisition of this parcel with the purchase of the adjacent "Red Car Building" parcel located at 14751 Badillo Street to create a development opportunity suitable for restaurant and/or retail uses. The property sits on a 10,890 square foot parcel and is improved with a 320 square foot building and asphalt parking lot. The purchase of this property will be contingent upon the acquisition of the property located at 14751 Badillo Street. LEGAL REVIEW The City Attorney has reviewed and approved the Resolution, Purchase and Sale Agreement and Staff Report as to its form. ATTACHMENTS 1. Resolution No. 2019-048 2. Exhibit "A" - Standard Offer, Agreement and Escrow Instructions For Purchase Of Real Estate Attachment 1 Resolution No. 2019-048 RESOLUTION NO. 2019-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE PURCHASE OF THE REAL PROPERTY DESCRIBED AS APN: 8437-014-014, LOCATED AT 14824 RAMONA BOULEVARD IN THE CITY OF BALDWIN PARK AND AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS RELATING TO SAME WHEREAS, James Salazar and William Salazar own that certain real property in the City of Baldwin Park generally known as 14824 Ramona Boulevard, APN: 8437-014-014 ("14824 Ramona Boulevard"); and WHEREAS, the City of Baldwin Park is desirous of purchasing said property to further stimulate the redevelopment of the Downtown Baldwin Park area; and WHEREAS, a Purchase Agreement between the City of Baldwin Park and James Salazar/ William Salazar has been proposed to the City Council providing for the acquisition of certain real property identified as 14824 Ramona Boulevard, APN: 8437- 014-014 ("14824 Ramona Boulevard"); and WHEREAS, the City Council has reviewed and considered the terms and conditions of the purchase agreement, a true copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (the "Purchase Agreement") and has determined that it would be in the best interest of the City to proceed with acquisition of the Property pursuant to the Purchase Agreement. NOW THEREFORE BE IT HEREBY RESOLVED, by the City Council of the City of Baldwin Park as follows: 1. That the City Council of the City of Baldwin Park approves and ratifies the Purchase Agreement attached hereto as Exhibit "A" in all respects. 2. That the Mayor or his designee is hereby authorized and directed to execute on behalf of the City the necessary documents and take all other necessary actions to complete the approved purchase of 14824 Ramona Boulevard in accordance with the terms and conditions of the Purchase Agreement. 3. That the purchase of the Property will economically stimulate the future development of the Downtown Baldwin Park area. 4. This resolution shall become effective immediately upon its approval. 5. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED, AND ADOPTED this 6T" day of November 2019. ►l. • 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. 2019-048 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on November 6, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK Exhibit "A" Standard Offer AIR STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE OF REAL ESTATE (Non -Residential) Dated: October 4 2019 1. Buyer. 1.1 _ City of Baldwin Park and/or Assignee ("Buyer") hereby offers to purchase the real property, hereinafter described, from the owner thereof ("Seiler") (collectively, the "Parties" or individually, a "Parry"), through an escrow ("Escrow") to close 30 or 90 days after the waiver or expiration of the Buyer's Contingencies, ("Expected Closing Date") to be held by Chicago Title ("Escrow Holder") whose address is 725 Figueroa Street Los Angeles CA 90017 _ , Phone No. (213) 612-4161 Facsimile No, upon the terms and conditions set forth in this agreement ("Agreement"). Buyer shall have the right to assign Buyer's rights hereunder, but any such assignment shall not relieve Buyer of Buyer's obligations herein unless Seiler expressly releases Buyer, 1.2 The term "Date of Agreement" as used herein shall be the date when by execution and delivery (as defined in paragraph 20,2) of this document or a subsequent counteroffer thereto, Buyer and Seller have reached agreement in writing whereby Seiler agrees to sell, and Buyer agrees to purchase, the Property upon terms accepted by both Parties. 2. Property. 21 The real property ("Property") that is the subject of this offer consists of (insert a brief physical description) Approximately 320 SF Commercial Building on approximately 10,890 SF Lot Is located in the County of Los Angeles is commonly known as (street address, city, state, zip) 14824 Ramona Blvd Baldwin Park CA 91706-3436 and is legally described as: (APN: 8437-014-014 ). 2.2 If the legal description of the Property is not complete or is Inaccurate, this Agreement shall not be invalid and the legal description shall be completed or corrected to meet the requirements of Chicago Title ("Title Company"), which shall issue the title policy hereinafter described. 2.3 The Property includes, at no additional cost to Buyer, the permanent Improvements thereon, including those items which pursuant to applicable law are a part of the property, as well as the following items, if any, owned by Seller and at present located on the Property: electrical distribution systems (power panel, bus ducting, conduits, disconnects, lighting fixtures); telephone distribution systems (lines, jacks and connections only); space heaters; heating, ventilating, air conditioning equipment ("HVAC"); air lines; fire sprinkler systems; security and fire detection systems; carpets; window coverings; wall coverings; and no other, (collectively, the "Improvements"). 2.4 The fire sprinkler monitor: ❑ is owned by Seller and included in the Purchase Price, ❑ is leased by Seller, and Buyer will need to negotiate a new lease with the fire monitoring company, ❑ ownership will be determined during Escrow, or ❑X there Is no fire sprinkler monitor. 2.5 Except as provided in Paragraph 2.3, the Purchase Price does not include Seller's personal property, furniture and furnishings, and All personal property to be removed by seller all of which shall be removed by Seller prior to'Closing, 3. Purchase Price. 3.1 The purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be $ 725 , 000.00 payable as follows: (Strike if not applicable) (a) Cash down payment, including the Deposit as defined in paragraph 4.3 (or If an all cash transaction, the Purchase Price): $ 725,000.00 (b) Amount of "New Loan" as defined in paragraph 5.1, if any: (c) Buyer shall take title to the Property subject to and/or assume the following existing deed(s) of trust ("Existing Deed(s) of Trust") securing the existing promissory note(s) ("Existing Note(s)"): PAGE 1 OF 11 INITIALS INIT AL © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01.14- 19 Keller Williams Covina, 100 N. Citrus Street, Suite 160 West Covina CA 91791 Phone: 6268625654 Fax: 6269664110 Carolina Ruiz 14824RamonaBlvd Produced with zlpForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 46026 www zlnLooix.corn (i) An Existing Note ("First Note") with an unpaid principal balance as of the Closing of approximately: Said First Note is payable at $ N/A per month, including interest at the rate of N/A % per annum until paid (and/or the entire unpaid balance is due on N/A ). (ii) An Existing Note ("Second Note") with an unpaid principal balance as of the Closing of approximately: Said Second Note is payable at $ N/A per month, Including interest at the rate of NIA % per annum until paid (and/or the entire unpaid balance Is due on N/A ). (d) Buyer shall give Seller a deed of trust ("Purchase Money Deed of Trust") on the property, to secure the promissory note of Buyer to Seller described in paragraph 6 ("Purchase Money Note") in the amount of: Total Purchase Price: $ 725,000.00 3.2 If Buyer is taking title to the Property subject to, or assuming, an Existing Deed of Trust and such deed of trust permits the beneficiary to demand payment of fees Including, but not limited to, points, processing fees, and appraisal fees as a condition to the transfer of the Property, Buyer agrees to pay such fees up to a maximum of 1.5% of the unpaid principal balance of the applicable Existing Note. 4. Deposits. 4.1 [_] Buyer has delivered to Broker a check in the sum of $----------------- , payable to Escrow Holder, to be delivered by Broker to Escrow Holder within 2 or --- business days after both Parties have executed this Agreement and the executed Agreement has been delivered to Escrow Holder, or []X within 2 or 3 business days after both Parties have executed this Agreement and the executed Agreement has been delivered to Escrow Holder Buyer shall deliver to Escrow Holder a check in the sum of $ 13 , 500.00 If said check is not received by Escrow Holder within said time period then Seller may elect to unilaterally terminate this transaction by giving written notice of such election to Escrow Holder whereupon neither Party shall have any further liability to the other under this Agreement, Should Buyer and Seller not enter into an agreement for purchase and sale, Buyer's check or funds shall, upon request by Buyer, be promptly returned to Buyer. 4.2 Additional deposits: (a) Within 5 business days after the Date of Agreement, Buyer shall deposit with Escrow Holder the additional sum of $ N/A to be applied to the Purchase Price at the Closing. (b) Within 5 business days after the contingencies discussed in paragraph 9.1 (a) through (m) are approved or waived, Buyer shall deposit with Escrow Holder the additional sum of $ N/A to be applied to the Purchase Price at the Closing. (c) If an Additional Deposit is not received by Escrow Holder within the time period provided then Seller may notify Buyer, Escrow Holder, and Brokers, in writing that, unless the Additional Deposit is received by Escrow Holder within 2 business days following said notice, the Escrow shall be deemed terminated without further notice or instructions. 4.3 Escrow Holder shall deposit the funds deposited with it by Buyer pursuant to paragraphs 4.1 and 4.2 (collectively the "Deposit"), in a State or Federally chartered bank in an interest bearing account whose term is appropriate and consistent with the timing requirements of this transaction. The interest therefrom shall accrue to the benefit of Buyer, who hereby acknowledges that there may be penalties or interest forfeitures if the applicable instrument Is redeemed prior to its specified maturity. Buyer's Federal Tax identification Number is to be provided to escrow . NOTE: Such interest bearing account cannot be opened until Buyer's Federal Tax Identification Number is provided, 4,4 Notwithstanding the foregoing, within 5 days after Escrow Holder receives the monies described in paragraph 4.1 above, Escrow Holder shall release $100 of said monies to Seiler as and for independent consideration for Seller's' execution of this Agreement and the granting of the contingency period to Buyer as herein provided. Such independent consideration is non-refundable to Buyer but shall be credited to the Purchase Price in the event that the purchase of the Property is completed. 4.5 Upon waiver of all of Buyer's contingencies the Deposit shall become non-refundable but applicable to the Purchase Price except in the event of a Seller breach, or in the event that the Escrow is terminated pursuant to the provisions of Paragraph 9A (n) (Destruction, Damage or Loss) or 9.1(0) (Material Change). 5. Financing Contingency. (Strike ff not applicable) 5.1 This offer is contingent upon Buyer obtaining from an insurance company, financial institution or other lender, a commitment to lend to Buyer a sum equal to at least N/A % of the Purchase Price, on terms reasonably acceptable to Buyer. Such loan ("New Loan") shall be secured by a first deed of trust or mortgage on the Property. If this Agreement provides for Seller to carry back junior financing, then Seller shall have the right to approve the terms of the New Loan. Seller shall have 7 days from receipt of the commitment setting forth the proposed terms of the New Loan to approve or disapprove of such proposed terms, If Seller fails to notify Escrow Holder, in writing, of the disapproval within said 7 days it shall be conclusively presumed that Seller has approved the terms of the New Loan. 5.2 If Buyer shall fail to notify its Broker, Escrow Holder and Seiler, in writing within N/A days following the Date of Agreement, that the New Loan has not been obtained, it shall be conclusively presumed that Buyer has either obtained said New Loan or has waived this New Loan contingency. 5.3 If Buyer shall notify its Broker, Escrow Holder and Seller, in writing, within the time specified in paragraph 5.2 hereof, that Buyer has not obtained said New Loan, this Agreement shall be terminated, and Buyer shall be entitled to the prompt return of the Deposit, plus any interest earned thereon, less only Escrow Holder and Title Company cancellation fees and costs, which Buyer shall pay. 6. Seller Financing (Purchase Money Note). (Strike if not applicable) 6.1 If Seller approves Buyer's financials (see paragraph 6.5) the Purchase Money Note shall provide for interest on unpaid principal at the rate of N/A % per annum, with principal and interest paid as follows: PAGE 2 OF 11 INITIALS 'ry" ram © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01.1 - 9 Produced with zipFormO by zipLogix 18070 Fifteen Mlle Road, Fraser, Michigan 48026 www io o ix om 14824RamonaBlvd The Purchase Money Note and Purchase Money Deed of Trust shall be on the current forms commonly used by Escrow Holder, and be junior and subordinate only to the Existing Note(s) and/or the New Loan expressly called for by this Agreement. 6,2 The Purchase Money Note and/or the Purchase Money Deed of Trust shall contain provisions regarding the following (see also paragraph 10.3 (b)): (a) Prepayment. Principal may be prepaid in whole or in part at any time without penalty, at the option of the Buyer. (b) Late Charge. A late charge of 6% shall be payable with respect to any payment of principal, Interest, or other charges, not made within 10 days after it is due. (c) Due On Sale. In the event the Buyer sells or transfers title to the Property or any portion thereof, then the Seller may, at Seller's option, require the entire unpaid balance of said Note to be paid in full. 6.3 if the Purchase Money Deed of Trust is to be subordinate to other financing, Escrow Holder shall, at Buyer's expense prepare and record on Seller's behalf a request for notice of default and/or sale with regard to each mortgage or deed of trust to which it will be subordinate, 6.4 WARNING: CALIFORNIA LAW DOES NOT ALLOW DEFICIENCY JUDGEMENTS ON SELLER FINANCING. IF BUYER ULTIMATELY DEFAULTS ON THE LOAN, SELLER'S SOLE REMEDY IS TO FORECLOSE ON THE PROPERTY. 6.5 Seller's obligation to provide financing is contingent upon Seller's reasonable approval of Buyer's financial condition. Buyer to provide a current financial statement and copies of its Federal tax returns for the last 3 years to Seller within 10 days following the Date of Agreement. Seller has 10 days following receipt of such documentation to satisfy Itself with regard to Buyer's financial condition and to notify Escrow Holder as to whether or not Buyer's financial condition is acceptable. If Seller fails to notify Escrow Holder, in writing, of the disapproval of this contingency within said time period, it shall be conclusively presumed that Seller has approved Buyer's financial condition. If Seller is not satisfied with Buyers financial condition or if Buyer fails to deliver the required documentation then Seller may notify Escrow Holder In writing that Seller Financing will not be available, and Buyer shall have the option, within 10 days of the receipt of such notice, to either terminate this transaction or to purchase the Property without Seller financing. If Buyer fails to notify Escrow Holder within said time period of Its election to terminate this transaction then Buyer shall be conclusively presumed to have elected to purchase the Property without Seller financing, If Buyer elects to terminate, Buyer's Deposit shall be refunded less Title Company and Escrow Holder cancellation fees and costs, all of which shall be Buyer's obligation. 7. Real Estate Brokers. 7.1 Each Party acknowledges receiving a Disclosure Regarding Real Estate Agency Relationship, confirms and consents to the following agency relationships in this transaction with the following real estate brokers ("Broker(s)") and/or their agents ("Agent(s)"): Seller's Brokerage Firm License No. Is the broker of (check one): [—] the Seller; or [—] both the Buyer and Seller (dual agent), Seller's Agent License No. Is (check one): F'� the Seller's Agent (salesperson or broker associate); or 0 both the Buyer's Agent Agent and the Seller's Agent (dual agent), Buyer's Brokerage Firm Keller Williams Covina License No. 01970316 is the broker of (check one): QX the Buyer; or ❑ both the Buyer and Seller (dual agent), Buyer's Agent Carolina Ruiz License No.01275776 Is (check one): QX the Buyer's Agent (salesperson or broker associate); or [] both the Buyer's Agent Agent and the Seller's Agent (dual agent). The Parties acknowledge that other than the Brokers and Agents listed above, there are no other brokers and agents representing the Parties or due any fees and/or commissions under this Agreement. See paragraph 24 regarding the nature of a real estate agency relationship. Buyer shall use the services of Buyer's Broker exclusively in connection with any and all negotiations and offers with respect to the Property for a period of 1 year from the date inserted for reference purposes at the top of page 1, 7.2 Buyer and Seller each represent and warrant to the other that he/she/it has had no dealings with any person, firm, broker, agent or finder in connection with the negotiation of this Agreement and/or the consummation of the purchase and sale contemplated herein, other than the Brokers and Agents named in paragraph 7.1, and no broker, agent or other person, firm or entity, other than said Brokers and Agents is/are entitled to any commission or finder's fee in connection with this transaction as the result of any dealings or acts of such Party. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any costs, expenses or liability for compensation, commission or charges which may be claimed by any broker, agent, finder or other similar party, other than said named Brokers and Agents by reason of any dealings or act of the indemnifying Party. 8. Escrow and Closing. 8.1 Upon acceptance hereof by Seller, this Agreement, including any counteroffers incorporated herein by the Parties, shall constitute not only the agreement of purchase and sale between Buyer and Seller, but also instructions to Escrow Holder for the consummation of the Agreement through the Escrow. Escrow Holder shall not prepare any further escrow Instructions restating or amending the Agreement unless specifically so instructed by the Parties or a Broker herein. Subject to the reasonable approval of the Parties, Escrow Holder may, however, include its standard general escrow provisions. In the event that there is any conflict between the provisions of the Agreement and the provisions of any additional escrow instructions the provisions of the Agreement shall prevail as to the Parties and the Escrow Holder. 6.2 As soon as practical after the receipt of this Agreement and any relevant counteroffers, Escrow Holder shall ascertain the Date of Agreement as defined in paragraphs 1.2 and 20.2 and advise the Parties and Brokers, In writing, of the date ascertained. 8.3 Escrow Holder is hereby authorized and instructed to conduct the Escrow in accordance with this Agreement, applicable law and custom and practice of the community in which Escrow Holder is located, including any reporting requirements of the Internal Revenue Code. In the event of a conflict between the law of the state where the Property is located and the law of the state where the Escrow Holder is located, the law of the state where the Property is located shall prevail. 8.4 Subject to satisfaction of the contingencies herein described, Escrow Holder shall close this escrow (the "Closing") by recording a general warranty deed (a grant deed in California) and the other documents required to be recorded, and by disbursing the funds and docum ents in accordance with this Agreement. � PAGE 3 OF 11 INITIALS INI IAL © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01- - 019 Produced with zlpForm@ by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 46026 www zloLoclx com 14824RamonaBlvd 8.5 Buyer and Seller shall each pay one-half of the Escrow Holder's charges and Seller shall pay the usual recording fees and any required documentary transfer taxes. Seller shall pay the premium for a standard coverage owner's or joint protection policy of title insurance. (See also paragraph 11) 8.6 Escrow Holder shall verify that all of Buyer's contingencies have been satisfied or waived prior to Closing. The matters contained in paragraphs 9.1 subparagraphs (b), (c), (d), (e), (g), (1), (n), and (o), 9.4, 9.5, 12, 13, 14, 16, 18, 20, 21, 22, and 24 are, however, matters of agreement between the Parties only and are not instructions to Escrow Holder, 8.7 If this transaction is terminated for non -satisfaction and non -waiver of a Buyer's Contingency, as defined in paragraph 9.2 or disapproval of any other matter subject to Buyer's approval, then neither of the Parties shall thereafter have any liability to the other under this Agreement, except to the extent of a breach of any affirmative covenant or warranty in this Agreement. In the event of such termination, Buyer shall, subject to the provisions of paragraph 8.10, be promptly refunded all funds deposited by Buyer with Escrow Holder, less only the $100 provided for in paragraph 4.4 and the Title Company and Escrow Holder cancellation fees and costs, all of which shall be Buyer's obligation. If this transaction is terminated as a result of Seller's breach of this Agreement then Seller shall pay the Title Company and Escrow Holder cancellation fees and costs. 8.8 The Closing shall occur on the Expected Closing Date, or as soon thereafter as the Escrow is in condition for Closing; provided, however, that if the Closing does not occur by the Expected Closing Date and said Date is not extended by mutual instructions of the Parties, a Party not then In default under this Agreement may notify the other Party, Escrow Holder, and Brokers, in writing that, unless the Closing occurs within 5 business days following said notice, the Escrow shall be deemed terminated without further notice or instructions. 8.9 Except as otherwise provided herein, the termination of Escrow shall not relieve or release either Party from any obligation to pay Escrow Holder's fees and costs or constitute a waiver, release or discharge of any breach or default that has occurred In the performance of the obligations, agreements, covenants or warranties contained therein. 8.10 If this sale of the Property is not consummated for any reason other than Seller's breach or default, then at Seller's request, and as a condition to any obligation to return Buyer's deposit (see paragraph 21), Buyer shall within 5 days after written request deliver to Seller, at no charge, copies of all surveys, engineering studies, soil reports, maps, master plans, feasibility studies and other similar items prepared by or for Buyer that pertain to the Property. Provided, however, that Buyer shall not be required to deliver any such report if the written contract which Buyer entered into with the consultant who prepared such report specifically forbids the dissemination of the report to others. 9. Contingencies to Closing. 9.1 The Closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies. IF BUYER FAILS TO NOTIFY ESCROW HOLDER, IN WRITING, OF THE DISAPPROVAL OF ANY OF SAID CONTINGENCIES WITHIN THE TIME SPECIFIED THEREIN, IT SHALL BE CONCLUSIVELY PRESUMED THAT BUYER HAS APPROVED SUCH ITEM, MATTER OR DOCUMENT, Buyer's conditional approval shall constitute disapproval, unless provision is made by the Seller within the time specified therefore by the Buyer in such conditional approval or by this Agreement, whichever is later, for the satisfaction of the condition imposed by the Buyer. Escrow Holder shall promptly provide all Parties with copies of any written disapproval or conditional approval which it receives. With regard to subparagraphs (a) through (m) the pre-printed time periods shall control unless a different number of days is inserted in the spaces provided. (a) Disclosure. Seller shall make to Buyer, through Escrow, all of the applicable disclosures required by law (See AIR Commercial Real Estate Association ("AIR") standard form entitled "Seller's Mandatory Disclosure Statement") and provide Buyer with a completed Property Information Sheet ("Property Information Sheet") concerning the Property, duly executed by or on behalf of Seller in the current form or equivalent to that published by the AIR within 10 or --- days following the Date of Agreement. Buyer has 10 days from the receipt of said disclosures to approve or disapprove the matters disclosed. (b) Physical inspection. Buyer has 10 or 21 days following the receipt of the Property Information Sheet or the Date of Agreement, whichever is later, to satisfy itself with regard to the physical aspects and size of the Property. (c) Hazardous Substance Conditions Report. Buyer has 30 or --- days following the receipt of the Property Information Sheet or the Date of Agreement, whichever is later, to satisfy itself with regard to the environmental aspects of the Property. Seller recommends that Buyer obtain a Hazardous Substance Conditions Report concerning the Property and relevant adjoining properties. Any such report shall be paid for by Buyer. A "Hazardous Substance" for purposes of this Agreement is defined as any substance whose nature and/or quantity of existence, use, manufacture, disposal or effect, render it subject to Federal, state or local regulation, investigation, remediation or removal as potentially injurious to public health or welfare, A "Hazardous Substance Condition" for purposes of this Agreement is defined as the existence on, under or relevantly adjacent to the Property of a Hazardous Substance that would require remediation and/or removal under applicable Federal, state or local law. (d) Soil Inspection, Buyer has 30 or — days following the receipt of the Property Information Sheet or the Date of Agreement, whichever Is later, to satisfy itself with regard to the condition of the soils on the Property. Seller recommends that Buyer obtain a soil test report. Any such report shall be paid for by Buyer. Seller shall provide Buyer copies of any soils report that Seller may have within 10 days of the Date of Agreement. (e) Governmental Approvals. Buyer has 30 or -- days following the Date of Agreement to satisfy itself with regard to approvals and permits from governmental agencies or departments which have or may have jurisdiction over the Property and which Buyer deems necessary or desirable in connection with its intended use of the Property, Including, but not limited to, permits and approvals required with respect to zoning, planning, building and safety, fire, police, handicapped and Americans with Disabilities Act requirements, transportation and environmental matters. (f) Conditions of Title. Escrow Holder shall cause a current commitment for title insurance ("Title Commitment") concerning the Property issued by the Title Company, as well as legible copies of all documents referred to in the Title Commitment ("Underlying Documents"), and a scaled and dimensioned plot showing the location of any easements to be delivered to Buyer within 10 or --- days following the Date of Agreement. Buyer has 10 days from the receipt of the Title Commitment, the Underlying Documents and the plot plan to satisfy itself with regard to the condition of title. The disapproval by Buyer of any monetary encumbrance, which by the terms of this Agreement is not to remain against the Property after the Closing, shall not be considered a failure of this contingency, as Seller shall have the obligation, at Seller's expense, to satisfy and remove such disapproved monetary encumbrance at or before the Closing. (g) Survey. Buyer has 30 or days following the receipt of the Title Commitment and Underlying Documents to satisfy Itself with regard to any ALTA title supplement based upon a survey prepared to American Land Title Association ("ALTA") standard r an PAGE 4 OF 11 INITIALS TITIA© 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised Produced with zlpForm® by zlpLoglx 18070 Fifteen We Road, Fraser, Michigan 48026 ;:ww zloLpglx.corn 14824RamonaBlvd owner's policy by a licensed surveyor, showing the legal description and boundary lines of the Property, any easements of record, and any improvements, poles, structures and things located within 10 feet of either side of the Property boundary lines. Any such survey shall be prepared at Buyer's direction and expense, if Buyer has obtained a survey and approved the ALTA title supplement, Buyer may elect within the period allowed for Buyer's approval of a survey to have an ALTA extended coverage owner's form of title policy, in which event Buyer shall pay any additional premium attributable thereto. (h) Existing Leases and Tenancy Statements. Seller shall within 10 or -- days following the Date of Agreement provide both Buyer and Escrow Holder with legible copies of all leases, subleases or rental arrangements (collectively, "Existing Leases") affecting the Property, and with a tenancy statement ("Estoppel Certificate") in the latest form or equivalent to that published by the AIR, executed by Seiler and/or each tenant and subtenant of the Property, Seller shall use its best efforts to have each tenant complete and execute an Estoppel Certificate. if any tenant fails or refuses to provide an Estoppel Certificate then Seller shall complete and execute an Estoppel Certificate for that tenancy. Buyer has 10 days from the receipt of said Existing Leases and Estoppel Certificates to satisfy Itself with regard to the Existing Leases and any other tenancy issues. (1) Owner's Association. Seller shall within 10 or N/A days following the Date of Agreement provide Buyer with a statement and transfer package from any owner's association servicing the Property. Such transfer package shall at a minimum include: copies of the association's bylaws, articles of incorporation, current budget and financial statement. Buyer has 10 days from the receipt of such documents to satisfy itself with regard to the association. 0) Other Agreements. Seiler shall within 10 or --- days following the Date of Agreement provide Buyer with legible copies of all other agreements ("Other Agreements") known to Seiler that will affect the Property after Closing. Buyer has 10 days from the receipt of said Other Agreements to satisfy itself with regard to such Agreements. (k) Financing. If paragraph 5 hereof dealing with a financing contingency has not been stricken, the satisfaction or waiver of such New Loan contingency. (1) Existing Notes.' If paragraph 3.1(c) has not been stricken, Seller shall within 10 or days following the Date of Agreement provide Buyer with legible copies of the Existing Notes, Existing Deeds of Trust and related agreements (collectively, "Loan Documents") to which the Property will remain subject after the Closing. Escrow Holder shall promptly request from the holders of the Existing Notes a beneficiary statement ("Beneficiary Statement") confirming: (1) the amount of the unpaid principal balance, the current interest rate, and the date to which interest is paid, and (2) the nature and amount of any impounds held by the beneficiary in connection with such loan. Buyer has 10 or days following the receipt of the Loan Documents and Beneficiary Statements to satisfy itself with regard to such financing, Buyer's obligation to close is conditioned upon Buyer being able to purchase the Property without acceleration or change in the terms of any Existing Notes or charges to Buyer except as otherwise provided in this Agreement or approved by Buyer, provided, however, Buyer shall pay the transfer fee referred to in paragraph 3.2 hereof. Likewise if Seller is to cavy back a Purchase Money Note then Seiler shall within 10 or days following the Date of Agreement provide Buyer with a copy of the proposed Purchase Money Note and Purchase Money Deed of Trust. Buyer has 10 or days from the receipt of such documents to satisfy itself with regard to the form and content thereof. (m) Personal Property. In the event that any personal property is included in the Purchase Price, Buyer has 10 or days following the Date of Agreement to satisfy itself with regard to the title condition of such personal property. Seiler recommends that Buyer obtain a UCC -1 report. Any such report shall be paid for by Buyer. Seller shall provide Buyer copies of any liens or encumbrances affecting such personal property that it is aware of within 10 or days following the Date of Agreement. (n) Destruction, Damage or Loss. Subsequent to the Date of Agreement and prior to Closing there shall not have occurred a destruction, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000,00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 days after receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this Agreement or to purchase the Property notwithstanding such loss, but without deduction or offset against the Purchase Price. If the cost to repair or cure is more than $10,000,00, and Buyer does not elect to terminate this Agreement, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writing, Escrow Holder shall assume no such destruction, damage or loss has occurred prior to Closing. (o) Material Change. Buyer shall have 10 days following receipt of written notice of a Material Change within which to satisfy itself with regard to such change. "Material Change" shall mean a substantial adverse change in the use, occupancy, tenants, title, or condition of the Property that occurs after the date of this offer and prior to the Closing. Unless otherwise notified in writing, Escrow Holder shall assume that no Material Change has occurred prior to the Closing. (p) Seller Performance. The delivery of all documents and the due performance by Seller of each and every undertaking and agreement to be performed by Seller under this Agreement. (q) Brokerage Fee. Payment at the Closing of such brokerage fee as is specified in this Agreement or later written instructions to Escrow Holder executed by Seller and Brokers ("Brokerage Fee"). it is agreed by the Parties and Escrow Holder that Brokers are a third party beneficiary of this Agreement insofar as the Brokerage Fee is concerned, and that no change shall be made with respect to the payment of the Brokerage Fee specified in this Agreement, without the written consent of Brokers. 9.2 All of the contingencies specified in subparagraphs (a) through (m) of paragraph 9.1 are for the benefit of, and may be waived by, Buyer, and may be elsewhere herein referred to as "Buyer's Contingencies." 9.3 If any of Buyer's Contingencies or any other matter subject to Buyer's approval is disapproved as provided for herein in a timely manner ("Disapproved Item"), Seller shall have the right within 10 days following the receipt of notice of Buyer's disapproval to elect to cure such Disapproved Item prior to the Expected Closing Date ("Seller's Election"). Seller's failure to give to Buyer within such period, written notice of Seller's commitment to cure such Disapproved Item on or before the Expected Closing Date shall be conclusively presumed to be Seller's Election not to cure such Disapproved Item. If Seller elects, either by written notice or failure to give written notice, not to cure a Disapproved Item, Buyer shall have the right, within 10 days after Seller's Election to either accept title to the Property subject to such Disapproved Item, or to terminate this Agreement. Buyer's failure to notify Seller in writing of Buyer's election to accept title to the Property subject to the Disapproved Item without deduction or offset shall constitute Buyer's election to terminate this Agreement, Unless expressly provided otherwise herein, Seller's right to cure shall not apply to the remediation of Hazardous Substance Conditions or to the Financing Contingency. Unless the Parties mutually instruct otherwise, if the time periods for the satisfaction of contingencies or for Seller's and Buyer's elections would expire on a date after the Expected Closing Date, the Expected Closing Date shall be deemed extended for 3 business days following the expiration of: (a) the applicable cMV PAGE 5 OF 11 INITIALS INITIAILS�/ © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01-14-2019 Produced with zlpForm® by zlpLogix 18070 Fifteen Mlle Road, Fraser, Michigan 48026 YNMZipLogix.com 14824RamonaBlvd period(s), (b) the period within which the Seller may elect to cure the Disapproved Item, or (c) if Seller elects not to cure, the period within which Buyer may elect to proceed with this transaction, whichever is later. 9.4 The Parties acknowledge that extensive local, state and Federal legislation establish broad liability upon owners and/or users of real property for the investigation and remediation of Hazardous Substances. The determination of the existence of a Hazardous Substance Condition and the evaluation of the impact of such a condition are highly technical and beyond the expertise of Brokers. The Parties acknowledge that they have been advised by Brokers to consult their own technical and legal experts with respect to the possible presence of Hazardous Substances on the Property or adjoining properties, and Buyer and Seller are not relying upon any investigation by or statement of Brokers with respect thereto. The Parties hereby assume all responsibility for the impact of such Hazardous Substances upon their respective interests herein. 10. Documents Required at or Before Closing: 10.1 Five days prior to the Closing date Escrow Holder shall obtain an updated Title Commitment concerning the Property from the Title Company and provide copies thereof to each of the Parties. 10.2 Seller shall deliver to Escrow Holder in time for delivery to Buyer at the Closing: (a) Grant or general warranty deed, duly executed and in recordable form, conveying fee title to the Property to Buyer. (b) If applicable, the Beneficiary Statements concerning Existing Note(s). (c) If applicable, the Existing Leases and Other Agreements together with duly executed assignments thereof by Seller and Buyer. The assignment of Existing Leases shall be on the most recent Assignment and Assumption of Lessor's Interest in Lease form published by the AIR or its equivalent. (d) If applicable, Estoppel Certificates executed by Seller and/or the tenant(s) of the Property, (e) An affidavit executed by Seller to the effect that Seller is not a "foreign person" within the meaning of Internal Revenue Code Section 1445 or successor statutes. If Seller does not provide such affidavit in form reasonably satisfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Internal Revenue Service such sum as is required by applicable Federal law with respect to purchases from foreign sellers. (f) If the Property is located in California, an affidavit executed by Seller to the effect that Seller is not a "nonresident" within the meaning of California Revenue and Tax Code Section 18662 or successor statutes. If Seller does not provide such affidavit In form reasonably satisfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Franchise Tax Board such sum as is required by such statute. (g) if applicable, a bill of sale, duly executed, conveying title to any included personal property to Buyer. (h) If the Seller is a corporation, a duly executed corporate resolution authorizing the execution of this Agreement and the sale of the Property. 10.3 Buyer shall deliver to Seller through Escrow: (a) The cash portion of the Purchase Price and such additional sums as are required of Buyer under this Agreement shall be deposited by Buyer with Escrow Holder, by federal funds wire transfer, or any other method acceptable to Escrow Holder in immediately collectable funds, no later than 2:00 P.M. on the business day prior to the Expected Closing Date provided, however, that Buyer shall not be required to deposit such monies into Escrow if at the time set for the deposit of such monies Seller is in default or has indicated that it will not perform any of its obligations hereunder. Instead, in such circumstances in order to reserve its rights to proceed Buyer need only provide Escrow with evidence establishing that the required monies were available. (b) If a Purchase Money Note and Purchase Money Deed of Trust are called for by this Agreement, the duly executed originals of those documents, the Purchase Money Deed of Trust being In recordable form, together with evidence of fire Insurance on the improvements in the amount of the full replacement cost naming Seller as a mortgage loss payee, and a real estate tax service contract (at Buyer's expense), assuring Seller of notice of the status of payment of real property taxes during the life of the Purchase Money Note, (c) The Assignment and Assumption of Lessor's Interest in Lease form specified in paragraph 10,2(c) above, duly executed by Buyer. (d) Assumptions duly executed by Buyer of the obligations of Seller that accrue after Closing under any Other Agreements, (e) if applicable, a written assumption duly executed by Buyer of the loan documents with respect to Existing Notes. (f) If the Buyer is a corporation, a duly executed corporate resolution authorizing the execution of this Agreement and the purchase of the Property. 10.4 At Closing, Escrow Holder shall cause to be issued to Buyer a standard coverage (or ALTA extended, if elected pursuant to 9.1(g)) owner's form policy of title insurance effective as of the Closing, issued by the Title Company in the full amount of the Purchase Price, insuring title to the Property vested in Buyer, subject only to the exceptions approved by Buyer, In the event there is a Purchase Money Deed of Trust in this transaction, the policy of title insurance shall be a joint protection policy insuring both Buyer and Seller. IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY, IT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH AFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED, A NEW POLICY OF TITLE INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING. 11. Prorations and Adjustments. 11.1 Taxes. Applicable real property taxes and special assessment bonds shall be prorated through Escrow as of the date of the Closing, based upon the latest tax bill available. The Parties agree to prorate as of the Closing any taxes assessed against the Property by supplemental bill levied by reason of events occurring prior to the Closing. Payment of the prorated amount shall be made promptly in cash upon receipt of a copy of any supplemental bill. 11,2 Insurance. WARNING: Any insurance which Seller may have maintained will terminate on the Closing, Buyer is advised to obtain appropriate insurance to cover the Property. 11.3 Rentals, Interest and Expenses, Scheduled rentals, interest on Existing Notes, utilities, and operating expenses shall be prorated as of the date of Closing. The Parties agree to promptly adjust between themselves outside of Escrow any rents received after the Closing, 11.4 Security Deposit. Security Deposits held by Seller shall be given to Buyer as a credit to the cash required of Buyer at theI g. PAGE 8 OF 11 INITIALS INITI L © 2019 AIR CRE. All Rights Reserved. OFA-20.11, Revised 01-14-2019 Produced with zlpForm@ by zipLoglx 18070 Fifteen Mlle Road, Fraser, Michigan 48026 www zloLoalx.com 14824RamonaBlvd 11.5 Post Closing Matters. Any item to be prorated that is not determined or determinable at the Closing shall be promptly adjusted by the Parties by appropriate cash payment outside of the Escrow when the amount due is determined. 11.6 Variations in Existing Note Balances, In the event that Buyer is purchasing the Property subject to an Existing Deed of Trust(s), and in the event that a Beneficiary Statement as to the applicable Existing Note(s) discloses that the unpaid principal balance of such Existing Note(s) at the closing will be more or less than the amount set forth In paragraph 3.1(c) hereof ("Existing Note Variation"), then the Purchase Money Note(s) shall be reduced or increased by an amount equal to such Existing Note Variation. If there is to be no Purchase Money Note, the cash required at the Closing per paragraph 3,1(a) shall be reduced or increased by the amount of such Existing Note Variation. 11.7 Variations in New Loan Balance. In the event Buyer is obtaining a New Loan and the amount ultimately obtained exceeds the amount set forth in paragraph 5,1, then the amount of the Purchase Money Note, if any, shall be reduced by the amount of such excess. 11,8 Owner's Association Fees. Escrow Holder shall: (i) bring Seller's account with the association current and pay any delinquencies or transfer fees from Seller's proceeds, and (ii) pay any up front fees required by the association from Buyer's funds. 12. Representations and Warranties of Seller and Disclaimers. 12.1 Seller's warranties and representations shall survive the Closing and delivery of the deed for a period of 3 years, and any lawsuit or action based upon them must be commenced within such time period. Seller's warranties and representations are true, material and relied upon by Buyer and Brokers in all respects. Seller hereby makes the following warranties and representations to Buyer and Brokers: (a) Authority of Seller. Seiler is the owner of the Property and/or has the full right, power and authority to sell, convey and transfer the Property to Buyer as provided herein, and to perform Seller's obligations hereunder. (b) Maintenance During Escrow and Equipment Condition At Closing. Except as otherwise provided in paragraph 9.1(n) hereof, Seller shall maintain the Property until the Closing in its present condition, ordinary wear and tear excepted. (c) Hazardous Substancas/Storage Tanks. Seller has no knowledge, except as otherwise disclosed to Buyer in writing, of the existence or prior existence on the Property of any Hazardous Substance, nor of the existence or prior existence of any above or below ground storage tank. (d) Compliance. Seller has no knowledge of any aspect or condition of the Property which violates applicable laws, rules, regulations, codes or covenants, conditions or restrictions, or of improvements or alterations made to the Property without a permit where one was required, or of any unfulfilled order or directive of any applicable governmental agency or casualty insurance company requiring any investigation, remediation, repair, maintenance or improvement be performed on the Property. (e) Changes in Agreements. Prior to the Closing, Seller will not violate or modify any Existing Lease or Other Agreement, or create any new leases or other agreements affecting the Property, without Buyer's written approval, which approval will not be unreasonably withheld. (f) Possessory Rights. Seller has no knowledge that anyone will, at the Closing, have any right to possession of the Property, except as disclosed by this Agreement or otherwise in writing to Buyer. (g) Mechanics' Liens. There are no unsatisfied mechanics' or materialmens' lien rights concerning the Property. (h) Actions, Suits or Proceedings. Seiler has no knowledge of any actions, suits or proceedings pending or threatened before any commission, board, bureau, agency, arbitrator, court or tribunal that would affect the Property or the right to occupy or utilize same. (i) Notice of Changes. Seller will promptly notify Buyer and Brokers in writing of any Material Change (see paragraph 9,1(0)) affecting the Property that becomes known to Seller prior to the Closing, Q) No Tenant Bankruptcy Proceedings. Seller has no notice or knowledge that any tenant of the Property Is the subject of a bankruptcy or insolvency proceeding. (k) No Seller Bankruptcy Proceedings. Seiler is not the subject of a bankruptcy, insolvency or probate proceeding. (1) Personal Property. Seller has no knowledge that anyone will, at the Closing, have any right to possession of any personal property Included in the Purchase Price nor knowledge of any liens or encumbrances affecting such personal property, except as disclosed by this Agreement or otherwise in writing to Buyer. 12.2 Buyer hereby acknowledges that, except as otherwise stated in this Agreement, Buyer is purchasing the Property in Its existing condition and will, by the time called for herein, make or have waived all inspections of the Property Buyer believes are necessary to protect its own interest in, and its contemplated use of, the Property, The Parties acknowledge that, except as otherwise stated in this Agreement, no representations, inducements, promises, agreements, assurances, oral or written, concerning the Property, or any aspect of the occupational safety and health laws, Hazardous Substance laws, or any other act, ordinance or law, have been made by either Party or Brokers, or relied upon by either Party hereto, 12.3 In the event that Buyer learns that a Seller representation or warranty might be untrue prior to the Closing, and Buyer elects to purchase the Property anyway then, and in that event, Buyer waives any right that it may have to bring an action or proceeding against Seller or Brokers regarding said representation or warranty. 12.4 Any environmental reports, soil reports, surveys, and other similar documents which were prepared by third party consultants and provided to Buyer by Seller or Seller's representatives, have been delivered as an accommodation to Buyer and without any representation or warranty as to the sufflclency, accuracy, completeness, and/or validity of said documents, all of which Buyer relies on at its own risk. Seller believes said documents to be accurate, but Buyer is advised to retain appropriate consultants to review said documents and investigate the Property. 13. Possession. Possession of the Property shall be given to Buyer at the Closing subject to the rights of tenants under Existing Leases, 14. Buyer's Entry. At any time during the Escrow period, Buyer, and its agents and representatives, shall have the right at reasonable times and subject to rights of tenants, to enter upon the Property for the purpose of making inspections and tests specified in this Agreement. No destructive testing shall be conducted, however, without Seller's prior approval which shall not be unreasonably withheld. Following any such entry or work, unless otherwise directed in writing by Seller, Buyer shall return the Property to the condition it was in prior to such entry or work, including the recompaction or removal of any disrupted soil or material as Seller may reasonably direct. All such inspections and tests and any other work cogducted or PAGE 7 OF 11 INITIALS I iTIA S © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01- -2019 Produced with zipForm® by zipl-ogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwwwww zloLooix.com 14824RamonaBlvd materials furnished with respect to the Property by or for Buyer shall be paid for by Buyer as and when due and Buyer shall indemnify, defend, protect and hold harmless Seller and the Property of and from any and all claims, liabilities, losses, expenses (including reasonable attorneys' fees), damages, including those for injury to person or property, arising out of or relating to any such work or materials or the acts or omissions of Buyer, its agents or employees in connection therewith. 15. Further Documents and Assurances. The Parties shall each, diligently and in good faith, undertake all actions and procedures reasonably required to place the Escrow in condition for Closing as and when required by this Agreement. The Parties agree to provide all further information, and to execute and deliver all further documents, reasonably required by Escrow Holder or the Title Company. 16. Attorneys' Fees. If any Party or Broker brings an action or proceeding (including arbitration) involving the Property whether founded In tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees and costs. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term "Prevailing Party" shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably Incurred. 17. Prior AgreementslAmendments. 17.1 This Agreement supersedes any and all prior agreements between Seller and Buyer regarding the Property. 17.2 Amendments to this Agreement are effective only If made in writing and executed by Buyer and Seller. 18, Broker's Rights. 18.1 If this sale is not consummated due to the default of either the Buyer or Seller, the defaulting Party shall be liable to and shall pay to Brokers the Brokerage Fee that Brokers would have received had the sale been consummated. If Buyer is the defaulting party, payment of said Brokerage Fee is in addition to any obligation with respect to liquidated or other damages.. 18.2 Upon the Closing, Brokers are authorized to publicize the facts of this transaction. 19. Notices. 19.1 Whenever any Party, Escrow Holder or Brokers herein shall desire to give or serve any notice, demand, request, approval, disapproval or other communication, each such communication shall be in writing and shall be delivered personally, by messenger or by mall, postage prepaid, to the address set forth in this Agreement or by facsimile transmission, electronic signature, digital signature, or email, 19.2 Service of any such communication shall be deemed made on the date of actual receipt if personally delivered, or transmitted by facsimile transmission, electronic signature, digital signature, or email. Any such communication sent by regular mall shall be deemed given 48 hours after the same is mailed. Communications sent by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed delivered 24 hours after delivery of the same to the Postal Service or courier. If such communication is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day, 19.3 Any Party or Broker hereto may from time to time, by notice in writing, designate a different address to which, or a different person or additional persons to whom, all communications are thereafter to be made. 20. Duration of Offer. 20.1 If this offer is not accepted by Seller on or before 5:00 P.M. according to the time standard applicable to the city of Baldwin Park on the date of October 7, 2019 it shall be deemed automatically revoked. 20.2 The acceptance of this offer, or of any subsequent counteroffer hereto, that creates an agreement between the Parties as described in paragraph 1.2, shall be deemed made upon delivery to the other Party or either Broker herein of a duly executed writing unconditionally accepting the last outstanding offer or counteroffer. 21, LIQUIDATED DAMAGES. (This Liquidated Damages paragraph is applicable only if initialed by both Parties). THE PARTIES AGREE THAT IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX, PRIOR TO SIGNING THIS AGREEMENT, THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED BY SELLER IF BUYER FAILS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. THEREFORE, IF, AFTER THE SATISFACTION OR WAIVER OF ALL CONTINGENCIES PROVIDED FOR THE BUYER'S BENEFIT, BUYER BREACHES THIS AGREEMENT, SELLER SHALL BE ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF $13,500.00 . UPON PAYMENT OF SAID SUM TO SELLER, BUYER SHALL BE RELEASED FROM ANY FURTHER LIABILITY TO SELLER, AND ANY ESCROW CANCELLATION FEES AND T TLE COMPANY CHARGES SHALL BE PAID BY SELLER. Initials Sella ini al 22. ARBITRATION OF DISPUTES. (This Arbitration of Disputes paragraph is applicable only if initialed by both Parties.) 22.1 ANY CONTROVERSY AS TO WHETHER SELLER IS ENTITLED TO THE LIQUIDATED DAMAGES AND/OR BUYER IS ENTITLED TO THE RETURN OF DEPOSIT MONEY, SHALL BE DETERMINED BY BINDING ARBITRATION BY, AND UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("COMMERCIAL RULES"), ARBITRATION HEARINGS SHALL BE HELD IN THE COUNTY WHERE THE PROPERTY IS LOCATED. THE NUMBER OF ARBITRATORS SHALL BE AS PROVIDED IN THE COMMERCIAL RULES AND EACH SUCH ARBITRATOR SHALL BE AN IMPARTIAL REAL ESTATE BROKER WITH AT LEAST 5 YEARS OF FULL TIME EXPERIENCE IN BOTH THE AREA WHERE THE PROPERTY IS LOCATED AND THE TYPE OF REAL ESTATE THAT IS THE SUBJECT OF THIS AGREEMENT. THE ARBITRATOR OR ARBITRATORS SHALL BE APPOINTED UNDER THE COMMERCIAL RULES AND SHALL HEAR AND DETERMINE SAID CONTROVERSY IN ACCORDANCE WITH APPLICABLE LAW, THE INTENTION OF THE PARTIES AS EXPRESSED IN THIS AGREEMENT AND ANY AMENDMENTS THERETO, AND UPON THE EVIDENCE PRODUCED AT AN ARBITRATION PAGE 8 OF 11 INITIALS INITI © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01.14 Produced with zipForm® by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www io ogix.com 14824RamonaBlvd HEARING. PRE -ARBITRATION DISCOVERY SHALL BE PERMITTED IN ACCORDANCE WITH THE COMMERCIAL RULES OR STATE LAW APPLICABLE TO ARBITRATION PROCEEDINGS, THE AWARD SHALL BE RENDERED WITHIN 30 DAYS AFTER THE CONCLUSION OF THE HEARING, AND MAY INCLUDE ATTORNEYS' FEES AND COSTS TO THE PREVAILING PARTY PER PARAGRAPH 16 HEREOF. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT OF COMPETENT JURISDICTION NOTWITHSTANDING THE FAILURE OF A PARTY DULY NOTIFIED OF THE ARBITRATION HEARING TO APPEAR THEREAT. 22.2 BUYER'S RESORT TO OR PARTICIPATION IN SUCH ARBITRATION PROCEEDINGS SHALL NOT BAR SUIT IN A COURT OF COMPETENT JURISDICTION BY THE BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE UNLESS AND UNTIL THE ARBITRATION RESULTS IN AN AWARD TO THE SELLER OF LIQUIDATED DAMAGES, IN WHICH EVENT SUCH AWARD SHALL ACT AS A BAR AGAINST ANY ACTION BY BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE. 22.3 NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION, IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE, YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Buyer Initials 5eile Initi Is 23. Miscellaneous. 23.1 Binding Effect. This Agreement shall be binding on the Parties without regard to whether or not paragraphs 21 and 22 are initialed by both of the Parties. Paragraphs 21 and 22 are each Incorporated into this Agreement only if initialed by both Parties at the time that the Agreement is executed. 23.2 Applicable Law. This Agreement shall be governed by, and paragraph 22.3 is amended to refer to, the laws of the state in which the Property is located. Any litigation or arbitration between the Parties hereto concerning this Agreement shall be initiated in the county in which the Property is located. 23.3 Time of Essence. Time is of the essence of this Agreement. 23,4 Counterparts, This Agreement may be executed by Buyer and Seller in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Escrow Holder, after verifying that the counterparts are identical except for the signatures, is authorized and Instructed to combine the signed signature pages on one of the counterparts, which shall then constitute the Agreement. 23.5 Waiver of Jury Trial, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING THE PROPERTY OR ARISING OUT OF THIS AGREEMENT. 23.6 Conflict. Any conflict between the printed provisions of this Agreement and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. Seiler and Buyer must initial anyand all handwritten provisions. 23.7 1031 Exchange, Both Seller and Buyer agree to cooperate with each other in the event that either or both wish to participate in a 1031 exchange. Any party initialing an exchange shall bear all costs of such exchange. The cooperating Party shall not have any liability (special or otherwise) for damages to the exchanging Party in the event that the sale is delayed and/or that the sale otherwise fails to qualify as a 1031 exchange. 23,8 Days. Unless otherwise specifically indicated to the contrary, the word "days" as used in this Agreement shall mean and refer to calendar days. 24. Disclosures Regarding The Nature of a Real Estate Agency Relationship. 24.1 The Parties and Brokers agree that their relationship(s) shall be governed by the principles set forth in the applicable sections of the California Civil Code, as summarized in paragraph 24.2. 24.2 When entering into a discussion with a real estate agent regarding a real estate transaction, a Buyer or Seller should from the outset understand what type of agency relationship or representation it has with the agent or agents in the transaction. Buyer and Seller acknowledge being advised by the Brokers In this transaction, as follows: (a) Seller's Agent. A Seller's agent under a listing agreement with the Seller acts as the agent for the Seiler only. A Seller's agent or subagent has the following affirmative obligations: (1) To the Seller: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. (2) To the Buyer and the Seller, a. Diligent exercise of reasonable skills and care In performance of the agent's duties. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any confidential information obtained from the other Parry which does not involve the affirmative duties set forth above. (b) Buyer's Agent, A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seiler. An agent acting only for a Buyer has the following affirmative obligations. (1) To the Buyer: A fiduciary duty of utmost care, Integrity, honesty, and loyalty in dealings with the Buyer. (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duties. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any confidential Information obtained from the other Party which does not involve the affirmative duties set forth above. (c) Agent Representing Both Seller and Buyer. A real estate agent, either acting directly or through one or more associate licenses, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the PAGE 9 OF 11 INITIALS INITI LS © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01.14-2019 Produced with zipForm® by zipLoglx 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zlr)Loaix.com 14824RamonaBlvd Buyer. (1) In a dual agency situation, the agent has the following affirmative obligations to both the Seiler and the Buyer; a. A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either Seller or the Buyer. b. Other duties to the Seller and the Buyer as stated above In their respective sections (a) or (b) of this paragraph 24.2. (2) In representing both Seiler and Buyer, the agent may, not without the express permission of the respective Party, disclose to the other Party confidential information, including, but not limited to, facts relating to either Buyer's or Seller's financial position, motivations, bargaining position, or other personal information that may impact price, including Seller's willingness to accept a price less than the listing price or Buyer's willingness to pay a price greater than the price offered. (3) The above duties of the agent In a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect their own interests. Buyer and Seller should carefully read all agreements to assure that they adequately express their understanding of the transaction. A real estate agent Is a person qualified to advise about real estate. If legal advice is desired, consult a competent professional. Buyer has the duty to exercise reasonably care to protect Buyer, including as to those facts about the Property which are known to Buyer or within Buyer's diligent attention and observation. Both Seller and Buyer should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change, (d) Further Disclosures. Throughout this transaction Buyer and Seller may receive more than one disclosure, depending upon the number of agents assisting in the transaction. Buyer and Seller should each read its contents each time it is presented, considering the relationship between them and the real estate agent in this transaction and that disclosure. Buyer and Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer representation agreement or separate document. Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property, Seller understands that Broker representing Seller may also represent other sellers with competing properties that may be of interest to this Buyer. Brokers have no responsibility with respect to any default or breach hereof by either Party. The Parties agree that no lawsuit or other legal proceeding involving any breach of duty, error or omission relating to this transaction may be brought against Broker more than one year after the Date of Agreement and that the liability (Including court costs and attorneys' fees), of any Broker with respect to any breach of duly, error or omission relating to this Agreement shall not exceed the fee received by such Broker pursuant to this Agreement; provided, however, that the foregoing limitation on each Broker's liability shall not be applicable to any gross negligence or willful misconduct of such Broker. 24.3 Confidential Information: Buyer and Seller agree to identify to Brokers as "Confidential" any communication or information given Brokers that is considered by such Party to be confidential. 25, Construction of Agreement. In construing this Agreement, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Agreement, Whenever required by the context, the singular shall include the plural and vice versa. This Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. 26. Additional Provisions: Additional provisions of this offer, if any, are as follows or are attached hereto by an addendum or addenda consisting of paragraphs through , (If there are no additional provisions write "NONE".) Close of escrow shall occur 90 days or less after confirmation of acceptance. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS AGREEMENT OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS AGREEMENT. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PROPERTY. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PROPERTY, THE INTEGRITY AND CONDITION OF ANY STRUCTURES AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PROPERTY FOR BUYER'S INTENDED USE. WARNING: IF THE PROPERTY IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THIS AGREEMENT MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PROPERTY IS LOCATED. NOTE: 1. THIS FORM IS NOT FOR USE IN CONNECTION WITH THE SALE OF RESIDENTIAL PROPERTY. 2. IF EITHER PARTY IS A CORPORATION, IT IS RECOMMENDED THAT THIS AGREEMENT BE SIGNED BY TWO CORPORATE OFFICERS. PAGE 10 OF 11 N4 A INITIALS IN►TI © 2019 AIR GRE. All Rights Reserved. OFA -20.11, Revised 01-14-2019 Produced with zipFormS by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zipLooix.com 14824RamonaBlvd The undersigned Buyer offers and agrees to buy the Property on the terms and conditions stated and acknowledges receipt of a copy hereof. Date: October 4, 2019 BROKER BUYER Keller Williams Covina City of Baldwin Park and/or Assignee Aft: Carolina Ruiz Title: Associate Broker Address: 100 N Citrus Street Suite 160 West Covina CA 91791 Phone: (626)862-5654 Fax: Email:Caorlina@BrokerCarolina.com Federal ID No.:------------- Broker/Agent DRE License #: By: -- -- Name Printed: Shannon Yauchzee Title: Chief Executive Officer Phone: Fax: Email: By: --- Name Printed: Manuel Lozano Title: Mayor Phone: Fax: Email: Address: Federal ID No.: to be provided to escrow 27. Acceptance, 27.1 Seller accepts the foregoing offer to purchase the Property and hereby agrees to sell the Property to Buyer on the terms and conditions therein specified. 27.2 In consideration of real estate brokerage service rendered by Brokers, Seller agrees to pay Brokers a real estate Brokerage Fee in a sum equal to 2.000_ % of the Purchase Price to be divided between the Brokers as follows: Seller's Broker % and Buyer's Broker _2 .000_ %. This Agreement shall serve as an irrevocable instruction to Escrow Holder to pay such Brokerage Fee to Brokers out of the proceeds accruing to the account of Seller at the Closing. 27.3 Seller acknowledges receipt of a copy hereof and authorizes Brokers to deliver a signed copy to Buyer, NOTE: A PROPERTY INFORMATION SHEET IS REQUIRED TO BE DELIVERED TO BUYER BY SELLER UNDER THIS AGREEMENT. BROKER Att: _ Title Address: Phone: Fax: Email: Federal ID No.: Broker/Agent DRE License #: Date: October 5, 2019 SELLER James Salazar and. William Salazar, Trustee William Salazar Trust e By: Name ^TA Title: ----------- Phone: Fax: Email: By: Na nn Title: Phone: Fax: Email: Address Federal ID No. AIR CRE, 500 North Brand Blvd, Suite 900, Glendale, CA 91203, Tel 213-687-8777, Email contracts@aircre.com NOTICE: No part of the works may be reproduced in any form without permission in writing. PAGE 11 OF 11 INITIALS INITI LS © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01-14- 19 Produced with zipForm® by zipLogix 18070 Fifteen Mlle Road, Fraser, Michigan 48026 wVM.zinLooix com 14824RainonaBlvd STAFF REPORT � HH U,8j W� ��OP � A V ! 7HE SAN GA_BR.IEL i% e VALLEY O�A�RATED JANV P ITEM NO. 9 TO: Honorable Mayor and Members of the City Council FROM: Benjamin Martinez, Director of Community Development Lam.. DATE: November 6, 2019 SUBJECT: Adopt Resolution 2019-049 and Approve the Purchase of Real Property located at 14801 Badillo Street (APN: 8437-013-026 and APN: 8437-013-027) SUMMARY The purpose of this staff report is to provide the background information and transaction details for the City Council to consider the adoption of Resolution No. 2019-049 approving the purchase of the real property located legally described as APN: 8437-013-026 and APN: 8437-013-027, located at 14801 Badillo Street in the City of Baldwin Park for $450,000. RECOMMENDATION Staff recommends that the City Council approve the purchase of the property located at 14801 Badillo Street for the amount of $450,000 from the Future Development Fund ("FDF"). Staff further recommends that the City Council take action on the following: 1. Approve the Resolution entitled "A Resolution of the City Council of the City of Baldwin Park Authorizing the Purchase of Real Property located at 14801 Badillo Street (APN: 8437-013- 026 and APN: 8437-013-027) in the City of Baldwin Park and Authorizing the Mayor to Execute Documents Relating to Same"; and 2. Approve Purchase and Sale Agreement; and 3. Authorize the Chief Executive Officer and the City Attorney to carry out all subsequent and needed action to complete the purchase of the property. FISCAL IMPACT The total fiscal impact is $450,000 as described in the Purchase and Sale Agreement attached hereto as Exhibit "A." The purchase requires a deposit of $12,750 by the City and is fully refundable within the 60 -day contingency period. The source of funds will be the FDF. BACKGROUND Acquisition of said parcel will stimulate the future redevelopment of the Downtown Baldwin Park area. It is proposed to combine the acquisition of this parcel with the purchase of the adjacent parcel located at 14824 Ramona Boulevard to create a development opportunity suitable for restaurant and/or retail uses. The property sits on an 8,107 square foot lot and is improved with a 1,452 square foot building commonly known as the "Red Car Building." In the recent past, the building and property were substantially improved and are currently in excellent condition. The purchase of this property will be contingent upon the acquisition of the property located at 14824 Ramona Boulevard. LEGAL REVIEW The City Attorney has reviewed and approved the Resolution, Purchase and Sale Agreement and this Staff Report as to its form. ATTACHMENTS 1. Resolution No. 2019-049 2. Exhibit "A" - Standard Offer, Agreement and Escrow Instructions For Purchase Of Real Estate Attachment 1 Resolution No. 2019-049 RESOLUTION NO. 2019-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE PURCHASE OF THE REAL PROPERTY DESCRIBED AS APN: 8437-013-026 AND APN: 8437-013-027, LOCATED AT 14801 BADILLO STREET IN THE CITY OF BALDWIN PARK AND AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS RELATING TO SAME WHEREAS, Baldwin Park 23 Group, LLC owns that certain real property in the City of Baldwin Park generally known as 14801 Badillo Street, APN: 8437-013-026 and APN: 8437-013-027 ("14801 Badillo Street"); and WHEREAS, the City of Baldwin Park is desirous of purchasing said property to further stimulate the redevelopment of the Downtown Baldwin Park area; and WHEREAS, a Purchase Agreement between the City of Baldwin Park and Baldwin Park 23 Group, LLC has been proposed to the City Council providing for the acquisition of certain real property identified as APN: 8437-013-026 and APN: 8437-013-027 ("14801 Badillo Street"); and WHEREAS, the City Council has reviewed and considered the terms and conditions of the purchase agreement, a true copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (the "Purchase Agreement") and has determined that it would be in the best interest of the City to proceed with acquisition of the Property pursuant to the Purchase Agreement. NOW THEREFORE BE IT HEREBY RESOLVED, by the City Council of the City of Baldwin Park as follows: That the City Council of the City of Baldwin Park approves and ratifies the Purchase Agreement attached hereto as Exhibit "A" in all respects. 2. That the Mayor or his designee is hereby authorized and directed to execute on behalf of the City the necessary documents and take all other necessary actions to complete the approved purchase of 14801 Badillo Street in accordance with the terms and conditions of the Purchase Agreement. 3. That the purchase of the Property will economically stimulate the future development of the Downtown Baldwin Park area. 4. This resolution shall become effective immediately upon its approval. 5. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED, AND ADOPTED this 6T" day of November 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-049 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on November 6, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK Exhibit "A" Standard Offer AIR STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE OF REAL ESTATE (Non -Residential) Dated: October 16, 2019 1. Buyer. 1.1 City of Baldwin Park and/or Assignee ("Buyer") hereby offers to purchase the real property, hereinafter described, from the owner thereof ("Seller") (collectively, the "Parties" or individually, a "Party"), through an escrow ("Escrow") to close 30 or 60 days after the waiver or expiration of the Buyer's Contingencies, ("Expected Closing Date") to be held by First American Title - Jeanne Gould ("Escrow Holder") whose address is 18500 Von Karman Avenue Suite 600 Irvine CA 92612 , Phone No. (949) 885-2405 Facsimile No. upon the terms and conditions set forth in this agreement ("Agreement"). Buyer shall have the right to assign Buyer's rights hereunder, but any such assignment shall not relieve Buyer of Buyer's obligations herein unless Seller expressly releases Buyer. 1.2 The term "Date of Agreement" as used herein shall be the date when by execution and delivery (as defined in paragraph 20.2) of this document or a subsequent counteroffer thereto, Buyer and Seiler have reached agreement in writing whereby Seller agrees to sell, and Buyer agrees to purchase, the Property upon terms accepted by both Parties. 2. Property. 2.1 The real property ("Property") that is the subject of this offer consists of (insert a brief physical description) 1 , 452 SF Commercial Building on 8,107 SF Lot Built in 1907 is located in the County of Los Angeles is commonly known as (street address, city, state, zip) 14801 Badillo Street Baldwin Park CA 91706 and is legally described as: RANCHO LA PUENTE LOT COM N 8633' W 1069.97 FT FROM SE COR OF LAND DESC IN DDS 5914-80 TO MARIE W BRADLEY MATTOCKS TH N 8633' W 42.13 FT TH S 304'30" W TO N LINE OF BADILL (APN: See #26, E ). 2.2 If the legal description of the Property is not complete or is inaccurate, this Agreement shall not be invalid and the legal description shall be completed or corrected to meet the requirements of Title Company ("Title Company"), which shall issue the title policy hereinafter described. 2.3 The Property includes, at no additional cost to Buyer, the permanent improvements thereon, including those items which pursuant to applicable law are a part of the property, as well as the following items, if any, owned by Seller and at present located on the Property: electrical distribution systems (power panel, bus ducting, conduits, disconnects, lighting fixtures); telephone distribution systems (lines, jacks and connections only); space heaters; heating, ventilating, air conditioning equipment ("HVAC"); air lines; fire sprinkler systems; security and fire detection systems; carpets; window coverings; wall coverings; and (collectively, the "Improvements"). 2.4 The fire sprinkler monitor: F� is owned by Seller and included in the Purchase Price, 0 is leased by Seller, and Buyer will need to negotiate a new lease with the fire monitoring company, F ownership will be determined during Escrow, or [] there is no fire sprinkler monitor. 2.5 Except as provided in Paragraph 2.3, the Purchase Price does not include Seller's personal property, furniture and furnishings, and all of which shall be removed by Seller prior to Closing. 3. Purchase Price. 3.1 The purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be $ 450 , 000 .00 payable as follows: (Strike if not applicable) (a) Cash down payment, including the Deposit as defined in paragraph 4.3 (or if an all cash transaction, the Purchase Price): $ 450,000.00 (b) Amount of "New Loan" as defined in paragraph 5.1, if any: $ CASH (c) Buyer shall take title to the Property subject to and/or assume the following existing deed(s) of trust ("Existing Deed(s) of Trust") securing the existing promissory note(s) ("Existing Note(s)"): PAGE 1 OF 11 INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01-14-2019 Keller Williams Covina, 100 N, Citrus Street, Suite 160 West Covina CA 91791 Phone: 6268625654 Fax: 6269664110 Carolina Ruiz 14751 Badillo St, Produced with zipForm® by zipLoglx 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.z'pLoaix.com (i) An Existing Note ("First Note") with an unpaid principal balance as of the Closing of approximately: $ N/A Said First Note is payable at $ xxxxxx per month, including interest at the rate of xxxx % per annum until paid (and/or the entire unpaid balance is due on xxxxx ). (ii) An Existing Note ("Second Note") with an unpaid principal balance as of the Closing of approximately: $ N/A Said Second Note is payable at $ xxxxx per month, including interest at the rate of xxxx % per annum until paid (and/or the entire unpaid balance is due on xxx ). (d) Buyer shall give Seller a deed of trust ("Purchase Money Deed of Trust") on the property, to secure the promissory note of Buyer to Seller described in paragraph 6 ("Purchase Money Note") in the amount of: $ N/A Total Purchase Price: $ 450,000.00 3.2 If Buyer is taking title to the Property subject to, or assuming, an Existing Deed of Trust and such deed of trust permits the beneficiary to demand payment of fees including, but not limited to, points, processing fees, and appraisal fees as a condition to the transfer of the Property, Buyer agrees to pay such fees up to a maximum of 1.5% of the unpaid principal balance of the applicable Existing Note. 4. Deposits. 4.1 F-] Buyer has delivered to Broker a check in the sum of $ xxxxxxx payable to Escrow Holder, to be delivered by Broker to Escrow Holder within 2 or xxx business days after both Parties have executed this Agreement and the executed Agreement has been delivered to Escrow Holder, or ❑X within 2 or xx business days after both Parties have executed this Agreement and the executed Agreement has been delivered to Escrow Holder Buyer shall deliver to Escrow Holder a check in the sum of $ 12 , 750 .00 . If said check is not received by Escrow Holder within said time period then Seller may elect to unilaterally terminate this transaction by giving written notice of such election to Escrow Holder whereupon neither Party shall have any further liability to the other under this Agreement. Should Buyer and Seller not enter into an agreement for purchase and sale, Buyer's check or funds shall, upon request by Buyer, be promptly returned to Buyer. 4.2 Additional deposits: (a) Within 5 business days after the Date of Agreement, Buyer shall deposit with Escrow Holder the additional sum of $ xxxx to be applied to the Purchase Price at the Closing. (b) Within 5 business days after the contingencies discussed in paragraph 9.1 (a) through (m) are approved or waived, Buyer shall deposit with Escrow Holder the additional sum of $ xxxxxxx to be applied to the Purchase Price at the Closing. (c) If an Additional Deposit is not received by Escrow Holder within the time period provided then Seller may notify Buyer, Escrow Holder, and Brokers, in writing that, unless the Additional Deposit is received by Escrow Holder within 2 business days following said notice, the Escrow shall be deemed terminated without further notice or instructions. 4.3 Escrow Holder shall deposit the funds deposited with it by Buyer pursuant to paragraphs 4.1 and 4.2 (collectively the "Deposit"), in a State or Federally chartered bank in an interest bearing account whose term is appropriate and consistent with the timing requirements of this transaction. The interest therefrom shall accrue to the benefit of Buyer, who hereby acknowledges that there may be penalties or interest forfeitures if the applicable instrument is redeemed prior to its specified maturity. Buyer's Federal Tax Identification Number is NOTE: Such interest bearing account cannot be opened until Buyer's Federal Tax Identification Number is provided. 4.4 Notwithstanding the foregoing, within 5 days after Escrow Holder receives the monies described in paragraph 4.1 above, Escrow Holder shall release $100 of said monies to Seller as and for independent consideration for Seller's' execution of this Agreement and the granting of the contingency period to Buyer as herein provided. Such independent consideration is non-refundable to Buyer but shall be credited to the Purchase Price in the event that the purchase of the Property is completed. 4.5 Upon waiver of all of Buyer's contingencies the Deposit shall become non-refundable but applicable to the Purchase Price except in the event of a Seller breach, or in the event that the Escrow is terminated pursuant to the provisions of Paragraph 9.1(n) (Destruction, Damage or Loss) or 9.1(o) (Material Change). 5. Financing Contingency. (Strike if not applicable) 5.1 This offer is contingent upon Buyer obtaining from an insurance company, financial institution or other lender, a commitment to lend to Buyer a sum equal to at least N/A % of the Purchase Price, on terms reasonably acceptable to Buyer. Such loan ("New Loan") shall be secured by a first deed of trust or mortgage on the Property. If this Agreement provides for Seller to carry back junior financing, then Seller shall have the right to approve the terms of the New Loan. Seller shall have 7 days from receipt of the commitment setting forth the proposed terms of the New Loan to approve or disapprove of such proposed terms. If Seller fails to notify Escrow Holder, in writing, of the disapproval within said 7 days it shall be conclusively presumed that Seller has approved the terms of the New Loan. 5.2 If Buyer shall fail to notify its Broker, Escrow Holder and Seller, in writing within N/A days following the Date of Agreement, that the New Loan has not been obtained, it shall be conclusively presumed that Buyer has either obtained said New Loan or has waived this New Loan contingency. 5.3 If Buyer shall notify its Broker, Escrow Holder and Seller, in writing, within the time specified in paragraph 5.2 hereof, that Buyer has not obtained said New Loan, this Agreement shall be terminated, and Buyer shall be entitled to the prompt return of the Deposit, plus any interest earned thereon, less only Escrow Holder and Title Company cancellation fees and costs, which Buyer shall pay. 6. Seller Financing (Purchase Money Note). (Strike if not applicable) 6.1 If Seller approves Buyer's financials (see paragraph 6.5) the Purchase Money Note shall provide for interest on unpaid principal at the rate of N/A % per annum, with principal and interest paid as follows: PAGE 2 OF 11 INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01-14-2019 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zi LLooaix.com 14751 Badlllo St, The Purchase Money Note and Purchase Money Deed of Trust shall be on the current forms commonly used by Escrow Holder, and be junior and subordinate only to the Existing Note(s) and/or the New Loan expressly called for by this Agreement. 6.2 The Purchase Money Note and/or the Purchase Money Deed of Trust shall contain provisions regarding the following (see also paragraph 10.3 (b)): (a) Prepayment. Principal may be prepaid in whole or in part at any time without penalty, at the option of the Buyer. (b) Late Charge. A late charge of 6% shall be payable with respect to any payment of principal, interest, or other charges, not made within 10 days after it is due. (c) Due On Sale. In the event the Buyer sells or transfers title to the Property or any portion thereof, then the Seller may, at Seller's option, require the entire unpaid balance of said Note to be paid in full. 6.3 If the Purchase Money Deed of Trust is to be subordinate to other financing, Escrow Holder shall, at Buyer's expense prepare and record on Seiler's behalf a request for notice of default and/or sale with regard to each mortgage or deed of trust to which it will be subordinate. 6.4 WARNING: CALIFORNIA LAW DOES NOT ALLOW DEFICIENCY JUDGEMENTS ON SELLER FINANCING. IF BUYER ULTIMATELY DEFAULTS ON THE LOAN, SELLER'S SOLE REMEDY IS TO FORECLOSE ON THE PROPERTY. 6.5 Seller's obligation to provide financing is contingent upon Seller's reasonable approval of Buyer's financial condition. Buyer to provide a current financial statement and copies of its Federal tax returns for the last 3 years to Seller within 10 days following the Date of Agreement. Seller has 10 days following receipt of such documentation to satisfy itself with regard to Buyer's financial condition and to notify Escrow Holder as to whether or not Buyer's financial condition is acceptable. If Seller fails to notify Escrow Holder, in writing, of the disapproval of this contingency within said time period, it shall be conclusively presumed that Seller has approved Buyer's financial condition. If Seller is not satisfied with Buyer's financial condition or if Buyer fails to deliver the required documentation then Seller may notify Escrow Holder in writing that Seller Financing will not be available, and Buyer shall have the option, within 10 days of the receipt of such notice, to either terminate this transaction or to purchase the Property without Seller financing. If Buyer fails to notify Escrow Holder within said time period of its election to terminate this transaction then Buyer shall be conclusively presumed to have elected to purchase the Property without Seller financing. If Buyer elects to terminate, Buyer's Deposit shall be refunded less Title Company and Escrow Holder cancellation fees and costs, all of which shall be Buyer's obligation. 7. Real Estate Brokers. 7.1 Each Party acknowledges receiving a Disclosure Regarding Real Estate Agency Relationship, confirms and consents to the following agency relationships in this transaction with the following real estate brokers ("Broker(s)") and/or their agents ("Agent(s)"): Seller's Brokerage Firm Deasy Penner Podlev License No. 01514230 Is the broker of (check one): x0 the Seller; or F-] both the Buyer and Seller (dual agent). Seller's Agent Dorothy Arrieta License No. 0933065 1 Is (check one):[x the Seller's Agent (salesperson or broker associate); or F both the Buyer's Agent Agent and the Seller's Agent (dual agent). Buyer's Brokerage Firm Keller Williams Covina License No. 01970316 Is the broker of (check one): [x the Buyer; or [-� both the Buyer and Seller (dual agent). Buyer's Agent Carolina Ruiz License No. 01275776 Is (check one):Q the Buyer's Agent (salesperson or broker associate); or F] both the Buyer's Agent Agent and the Seller's Agent (dual agent). The Parties acknowledge that other than the Brokers and Agents listed above, there are no other brokers and agents representing the Parties or due any fees and/or commissions under this Agreement. See paragraph 24 regarding the nature of a real estate agency relationship. Buyer shall use the services of Buyer's Broker exclusively in connection with any and all negotiations and offers with respect to the Property for a period of 1 year from the date inserted for reference purposes at the top of page 1. 7.2 Buyer and Seller each represent and warrant to the other that he/she/it has had no dealings with any person, firm, broker, agent or finder in connection with the negotiation of this Agreement and/or the consummation of the purchase and sale contemplated herein, other than the Brokers and Agents named in paragraph 7.1, and no broker, agent or other person, firm or entity, other than said Brokers and Agents is/are entitled to any commission or finder's fee in connection with this transaction as the result of any dealings or acts of such Party. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any costs, expenses or liability for compensation, commission or charges which may be claimed by any broker, agent, finder or other similar party, other than said named Brokers and Agents by reason of any dealings or act of the indemnifying Party. 8. Escrow and Closing. 8.1 Upon acceptance hereof by Seller, this Agreement, including any counteroffers incorporated herein by the Parties, shall constitute not only the agreement of purchase and sale between Buyer and Seller, but also instructions to Escrow Holder for the consummation of the Agreement through the Escrow. Escrow Holder shall not prepare any further escrow instructions restating or amending the Agreement unless specifically so instructed by the Parties or a Broker herein. Subject to the reasonable approval of the Parties, Escrow Holder may, however, include its standard general escrow provisions. In the event that there is any conflict between the provisions of the Agreement and the provisions of any additional escrow instructions the provisions of the Agreement shall prevail as to the Parties and the Escrow Holder. 8.2 As soon as practical after the receipt of this Agreement and any relevant counteroffers, Escrow Holder shall ascertain the Date of Agreement as defined in paragraphs 1.2 and 20.2 and advise the Parties and Brokers, in writing, of the date ascertained. 8.3 Escrow Holder is hereby authorized and instructed to conduct the Escrow in accordance with this Agreement, applicable law and custom and practice of the community in which Escrow Holder is located, including any reporting requirements of the Internal Revenue Code. In the event of a conflict between the law of the state where the Property is located and the law of the state where the Escrow Holder is located, the law of the state where the Property is located shall prevail. 8.4 Subject to satisfaction of the contingencies herein described, Escrow Holder shall close this escrow (the "Closing") by recording a general warranty deed (a grant deed in California) and the other documents required to be recorded, and by disbursing the funds and documents in accordance with this Agreement. PAGE 3 OF 11 INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01-14-2019 Produced with zipForm® by zipLogix 18070 Fifteen Mlle Road, Fraser, Michigan 48026 www.zipLogix.com 14751 Badillo St, 8.5 Buyer and Seller shall each pay one-half of the Escrow Holder's charges and Seller shall pay the usual recording fees and any required documentary transfer taxes. Seller shall pay the premium for a standard coverage owner's or joint protection policy of title insurance. (See also paragraph 11) 8.6 Escrow Holder shall verify that all of Buyer's contingencies have been satisfied or waived prior to Closing. The matters contained in paragraphs 9.1 subparagraphs (b), (c), (d), (e), (g), (i), (n), and (o), 9.4, 9.5, 12, 13, 14, 16, 18, 20, 21, 22, and 24 are, however, matters of agreement between the Parties only and are not instructions to Escrow Holder. 8.7 If this transaction is terminated for non -satisfaction and non -waiver of a Buyer's Contingency, as defined in paragraph 9.2 or disapproval of any other matter subject to Buyer's approval, then neither of the Parties shall thereafter have any liability to the other under this Agreement, except to the extent of a breach of any affirmative covenant or warranty in this Agreement. In the event of such termination, Buyer shall, subject to the provisions of paragraph 8.10, be promptly refunded all funds deposited by Buyer with Escrow Holder, less only the $100 provided for in paragraph 4.4 and the Title Company and Escrow Holder cancellation fees and costs, all of which shall be Buyer's obligation. If this transaction is terminated as a result of Seller's breach of this Agreement then Seller shall pay the Title Company and Escrow Holder cancellation fees and costs. 8.8 The Closing shall occur on the Expected Closing Date, or as soon thereafter as the Escrow is in condition for Closing; provided, however, that if the Closing does not occur by the Expected Closing Date and said Date is not extended by mutual instructions of the Parties, a Party not then in default under this Agreement may notify the other Party, Escrow Holder, and Brokers, in writing that, unless the Closing occurs within 5 business days following said notice, the Escrow shall be deemed terminated without further notice or instructions. 8.9 Except as otherwise provided herein, the termination of Escrow shall not relieve or release either Party from any obligation to pay Escrow Holder's fees and costs or constitute a waiver, release or discharge of any breach or default that has occurred in the performance of the obligations, agreements, covenants or warranties contained therein. 8.10 If this sale of the Property is not consummated for any reason other than Seller's breach or default, then at Seller's request, and as a condition to any obligation to return Buyer's deposit (see paragraph 21), Buyer shall within 5 days after written request deliver to Seller, at no charge, copies of all surveys, engineering studies, soil reports, maps, master plans, feasibility studies and other similar items prepared by or for Buyer that pertain to the Property. Provided, however, that Buyer shall not be required to deliver any such report if the written contract which Buyer entered into with the consultant who prepared such report specifically forbids the dissemination of the report to others. 9. Contingencies to Closing. 9.1 The Closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies. IF BUYER FAILS TO NOTIFY ESCROW HOLDER, IN WRITING, OF THE DISAPPROVAL OF ANY OF SAID CONTINGENCIES WITHIN THE TIME SPECIFIED THEREIN, IT SHALL BE CONCLUSIVELY PRESUMED THAT BUYER HAS APPROVED SUCH ITEM, MATTER OR DOCUMENT. Buyer's conditional approval shall constitute disapproval, unless provision is made by the Seller within the time specified therefore by the Buyer in such conditional approval or by this Agreement, whichever is later, for the satisfaction of the condition imposed by the Buyer. Escrow Holder shall promptly provide all Parties with copies of any written disapproval or conditional approval which it receives. With regard to subparagraphs (a) through (m) the pre-printed time periods shall control unless a different number of days is inserted in the spaces provided. (a) Disclosure. Seller shall make to Buyer, through Escrow, all of the applicable disclosures required by law (See AIR Commercial Real Estate Association ("AIR") standard form entitled "Seller's Mandatory Disclosure Statement") and provide Buyer with a completed Property Information Sheet ("Property Information Sheet") concerning the Property, duly executed by or on behalf of Seller in the current form or equivalent to that published by the AIR within 10 or xx days following the Date of Agreement. Buyer has 10 days from the receipt of said disclosures to approve or disapprove the matters disclosed. (b) Physical Inspection. Buyer has 10 or xx days following the receipt of the Property Information Sheet or the Date of Agreement, whichever is later, to satisfy itself with regard to the physical aspects and size of the Property. (c) Hazardous Substance Conditions Report. Buyer has 30 or xx days following the receipt of the Property Information Sheet or the Date of Agreement, whichever is later, to satisfy itself with regard to the environmental aspects of the Property. Seller recommends that Buyer obtain a Hazardous Substance Conditions Report concerning the Property and relevant adjoining properties. Any such report shall be paid for by Buyer. A "Hazardous Substance" for purposes of this Agreement is defined as any substance whose nature and/or quantity of existence, use, manufacture, disposal or effect, render it subject to Federal, state or local regulation, investigation, remediation or removal as potentially injurious to public health or welfare. A "Hazardous Substance Condition" for purposes of this Agreement is defined as the existence on, under or relevantly adjacent to the Property of a Hazardous Substance that would require remediation and/or removal under applicable Federal, state or local law. (d) Soil Inspection. Buyer has 30 or xx days following the receipt of the Property Information Sheet or the Date of Agreement, whichever is later, to satisfy itself with regard to the condition of the soils on the Property. Seller recommends that Buyer obtain a soil test report. Any such report shall be paid for by Buyer. Seller shall provide Buyer copies of any soils report that Seller may have within 10 days of the Date of Agreement. (e) Governmental Approvals. Buyer has 30 or xxx days following the Date of Agreement to satisfy itself with regard to approvals and permits from governmental agencies or departments which have or may have jurisdiction over the Property and which Buyer deems necessary or desirable in connection with its intended use of the Property, including, but not limited to, permits and approvals required with respect to zoning, planning, building and safety, fire, police, handicapped and Americans with Disabilities Act requirements, transportation and environmental matters. (f) Conditions of Title. Escrow Holder shall cause a current commitment for title insurance ("Title Commitment") concerning the Property issued by the Title Company, as well as legible copies of all documents referred to in the Title Commitment ("Underlying Documents"), and a scaled and dimensioned plot showing the location of any easements to be delivered to Buyer within 10 or days following the Date of Agreement. Buyer has 10 days from the receipt of the Title Commitment, the Underlying Documents and the plot plan to satisfy itself with regard to the condition of title. The disapproval by Buyer of any monetary encumbrance, which by the terms of this Agreement is not to remain against the Property after the Closing, shall not be considered a failure of this contingency, as Seller shall have the obligation, at Seller's expense, to satisfy and remove such disapproved monetary encumbrance at or before the Closing. (g) Survey. Buyer has 30 or xxx days following the receipt of the Title Commitment and Underlying Documents to satisfy itself with regard to any ALTA title supplement based upon a survey prepared to American Land Title Association ("ALTA") standards for an PAGE 4 OF 11 INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01-14-2019 Produced with zipForm® by zipLogix 16070 Fifteen Mile Road, Fraser, Michigan 48026 www.z'pLooix.com 14751 Badillo St, owner's policy by a licensed surveyor, showing the legal description and boundary lines of the Property, any easements of record, and any improvements, poles, structures and things located within 10 feet of either side of the Property boundary lines. Any such survey shall be prepared at Buyer's direction and expense. If Buyer has obtained a survey and approved the ALTA title supplement, Buyer may elect within the period allowed for Buyer's approval of a survey to have an ALTA extended coverage owner's form of title policy, in which event Buyer shall pay any additional premium attributable thereto. (h) Existing Leases and Tenancy Statements. Seller shall within 10 or N/A days following the Date of Agreement provide both Buyer and Escrow Holder with legible copies of all leases, subleases or rental arrangements (collectively, "Existing Leases") affecting the Property, and with a tenancy statement ("Estoppel Certificate") in the latest form or equivalent to that published by the AIR, executed by Seiler and/or each tenant and subtenant of the Property. Seller shall use its best efforts to have each tenant complete and execute an Estoppel Certificate. If any tenant fails or refuses to provide an Estoppel Certificate then Seller shall complete and execute an Estoppel Certificate for that tenancy. Buyer has 10 days from the receipt of said Existing Leases and Estoppel Certificates to satisfy itself with regard to the Existing Leases and any other tenancy issues. (i) Owner's Association. Seller shall within 10 or xx days following the Date of Agreement provide Buyer with a statement and transfer package from any owner's association servicing the Property. Such transfer package shall at a minimum include: copies of the association's bylaws, articles of incorporation, current budget and financial statement. Buyer has 10 days from the receipt of such documents to satisfy itself with regard to the association. Q) Other Agreements. Seller shall within 10 or days following the Date of Agreement provide Buyer with legible copies of all other agreements ("Other Agreements") known to Seller that will affect the Property after Closing. Buyer has 10 days from the receipt of said Other Agreements to satisfy itself with regard to such Agreements. (k) Financing. If paragraph 5 hereof dealing with a financing contingency has not been stricken, the satisfaction or waiver of such New Loan contingency. (1) Existing Notes. If paragraph 3.1(c) has not been stricken, Seller shall within 10 or days following the Date of Agreement provide Buyer with legible copies of the Existing Notes, Existing Deeds of Trust and related agreements (collectively, "Loan Documents") to which the Property will remain subject after the Closing. Escrow Holder shall promptly request from the holders of the Existing Notes a beneficiary statement ("Beneficiary Statement") confirming: (1) the amount of the unpaid principal balance, the current interest rate, and the date to which interest is paid, and (2) the nature and amount of any impounds held by the beneficiary in connection with such loan. Buyer has 10 or days following the receipt of the Loan Documents and Beneficiary Statements to satisfy itself with regard to such financing. Buyer's obligation to close is conditioned upon Buyer being able to purchase the Property without acceleration or change in the terms of any Existing Notes or charges to Buyer except as otherwise provided in this Agreement or approved by Buyer, provided, however, Buyer shall pay the transfer fee referred to in paragraph 3.2 hereof. Likewise if Seller is to carry back a Purchase Money Note then Seller shall within 10 or days following the Date of Agreement provide Buyer with a copy of the proposed Purchase Money Note and Purchase Money Deed of Trust. Buyer has 10 or days from the receipt of such documents to satisfy itself with regard to the form and content thereof. (m) Personal Property. In the event that any personal property is included in the Purchase Price, Buyer has 10 or days following the Date of Agreement to satisfy itself with regard to the title condition of such personal property. Seller recommends that Buyer obtain a UCC -1 report. Any such report shall be paid for by Buyer. Seller shall provide Buyer copies of any liens or encumbrances affecting such personal property that it is aware of within 10 or days following the Date of Agreement. (n) Destruction, Damage or Loss. Subsequent to the Date of Agreement and prior to Closing there shall not have occurred a destruction, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 days after receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this Agreement or to purchase the Property notwithstanding such loss, but without deduction or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this Agreement, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writing, Escrow Holder shall assume no such destruction, damage or loss has occurred prior to Closing. (o) Material Change. Buyer shall have 10 days following receipt of written notice of a Material Change within which to satisfy itself with regard to such change. "Material Change" shall mean a substantial adverse change in the use, occupancy, tenants, title, or condition of the Property that occurs after the date of this offer and prior to the Closing. Unless otherwise notified in writing, Escrow Holder shall assume that no Material Change has occurred prior to the Closing. (p) Seller Performance. The delivery of all documents and the due performance by Seller of each and every undertaking and agreement to be performed by Seller under this Agreement. (q) Brokerage Fee. Payment at the Closing of such brokerage fee as is specified in this Agreement or later written instructions to Escrow Holder executed by Seller and Brokers ("Brokerage Fee"). It is agreed by the Parties and Escrow Holder that Brokers are a third party beneficiary of this Agreement insofar as the Brokerage Fee is concerned, and that no change shall be made with respect to the payment of the Brokerage Fee specified in this Agreement, without the written consent of Brokers. 9.2 All of the contingencies specified in subparagraphs (a) through (m) of paragraph 9.1 are for the benefit of, and may be waived by, Buyer, and may be elsewhere herein referred to as "Buyer's Contingencies." 9.3 If any of Buyer's Contingencies or any other matter subject to Buyer's approval is disapproved as provided for herein in a timely manner ("Disapproved Item"), Seller shall have the right within 10 days following the receipt of notice of Buyer's disapproval to elect to cure such Disapproved Item prior to the Expected Closing Date ("Seller's Election"). Seller's failure to give to Buyer within such period, written notice of Seller's commitment to cure such Disapproved Item on or before the Expected Closing Date shall be conclusively presumed to be Seller's Election not to cure such Disapproved Item. If Seller elects, either by written notice or failure to give written notice, not to cure a Disapproved Item, Buyer shall have the right, within 10 days after Seller's Election to either accept title to the Property subject to such Disapproved Item, or to terminate this Agreement. Buyer's failure to notify Seller in writing of Buyer's election to accept title to the Property subject to the Disapproved Item without deduction or offset shall constitute Buyer's election to terminate this Agreement. Unless expressly provided otherwise herein, Seller's right to cure shall not apply to the remediation of Hazardous Substance Conditions or to the Financing Contingency. Unless the Parties mutually instruct otherwise, if the time periods for the satisfaction of contingencies or for Seller's and Buyer's elections would expire on a date after the Expected Closing Date, the Expected Closing Date shall be deemed extended for 3 business days following the expiration of: (a) the applicable contingency PAGE 5 OF 11 INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01-14-2019 Produced with zipForm® by zlpl-ogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziZLoa'x.corn 14751 Badillo St, period(s), (b) the period within which the Seller may elect to cure the Disapproved Item, or (c) if Seller elects not to cure, the period within which Buyer may elect to proceed with this transaction, whichever is later. 9.4 The Parties acknowledge that extensive local, state and Federal legislation establish broad liability upon owners and/or users of real property for the investigation and remediation of Hazardous Substances. The determination of the existence of a Hazardous Substance Condition and the evaluation of the impact of such a condition are highly technical and beyond the expertise of Brokers. The Parties acknowledge that they have been advised by Brokers to consult their own technical and legal experts with respect to the possible presence of Hazardous Substances on the Property or adjoining properties, and Buyer and Seller are not relying upon any investigation by or statement of Brokers with respect thereto. The Parties hereby assume all responsibility for the impact of such Hazardous Substances upon their respective interests herein. 10. Documents Required at or Before Closing: 10.1 Five days prior to the Closing date Escrow Holder shall obtain an updated Title Commitment concerning the Property from the Title Company and provide copies thereof to each of the Parties. 10.2 Seller shall deliver to Escrow Holder in time for delivery to Buyer at the Closing: (a) Grant or general warranty deed, duly executed and in recordable form, conveying fee title to the Property to Buyer. (b) If applicable, the Beneficiary Statements concerning Existing Note(s). (c) If applicable, the Existing Leases and Other Agreements together with duly executed assignments thereof by Seller and Buyer. The assignment of Existing Leases shall be on the most recent Assignment and Assumption of Lessor's Interest in Lease form published by the AIR or its equivalent. (d) If applicable, Estoppel Certificates executed by Seller and/or the tenant(s) of the Property. (e) An affidavit executed by Seller to the effect that Seller is not a "foreign person" within the meaning of Internal Revenue Code Section 1445 or successor statutes. If Seller does not provide such affidavit in form reasonably satisfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Internal Revenue Service such sum as is required by applicable Federal law with respect to purchases from foreign sellers. (f) If the Property is located in California, an affidavit executed by Seller to the effect that Seller is not a "nonresident" within the meaning of California Revenue and Tax Code Section 18662 or successor statutes. If Seller does not provide such affidavit in form reasonably satisfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Franchise Tax Board such sum as is required by such statute. (g) If applicable, a bill of sale, duly executed, conveying title to any included personal property to Buyer. (h) If the Seller is a corporation, a duly executed corporate resolution authorizing the execution of this Agreement and the sale of the Property. 10.3 Buyer shall deliver to Seller through Escrow: (a) The cash portion of the Purchase Price and such additional sums as are required of Buyer under this Agreement shall be deposited by Buyer with Escrow Holder, by federal funds wire transfer, or any other method acceptable to Escrow Holder in immediately collectable funds, no later than 2:00 P.M. on the business day prior to the Expected Closing Date provided, however, that Buyer shall not be required to deposit such monies into Escrow if at the time set for the deposit of such monies Seller is in default or has indicated that it will not perform any of its obligations hereunder. Instead, in such circumstances in order to reserve its rights to proceed Buyer need only provide Escrow with evidence establishing that the required monies were available. (b) If a Purchase Money Note and Purchase Money Deed of Trust are called for by this Agreement, the duly executed originals of those documents, the Purchase Money Deed of Trust being in recordable form, together with evidence of fire insurance on the improvements in the amount of the full replacement cost naming Seller as a mortgage loss payee, and a real estate tax service contract (at Buyer's expense), assuring Seller of notice of the status of payment of real property taxes during the life of the Purchase Money Note. (c) The Assignment and Assumption of Lessor's Interest in Lease form specified in paragraph 10.2(c) above, duly executed by Buyer. (d) Assumptions duly executed by Buyer of the obligations of Seller that accrue after Closing under any Other Agreements. (e) if applicable, a written assumption duly executed by Buyer of the loan documents with respect to Existing Notes. (f) If the Buyer is a corporation, a duly executed corporate resolution authorizing the execution of this Agreement and the purchase of the Property. 10.4 At Closing, Escrow Holder shall cause to be issued to Buyer a standard coverage (or ALTA extended, if elected pursuant to 9.1(g)) owner's form policy of title insurance effective as of the Closing, issued by the Title Company in the full amount of the Purchase Price, insuring title to the Property vested in Buyer, subject only to the exceptions approved by Buyer. In the event there is a Purchase Money Deed of Trust in this transaction, the policy of title insurance shall be a joint protection policy insuring both Buyer and Seller. IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY, IT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH AFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED. A NEW POLICY OF TITLE INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING. 11. Prorations and Adjustments. 11.1 Taxes. Applicable real property taxes and special assessment bonds shall be prorated through Escrow as of the date of the Closing, based upon the latest tax bill available. The Parties agree to prorate as of the Closing any taxes assessed against the Property by supplemental bill levied by reason of events occurring prior to the Closing. Payment of the prorated amount shall be made promptly in cash upon receipt of a copy of any supplemental bill. 11.2 Insurance. WARNING: Any insurance which Seller may have maintained will terminate on the Closing. Buyer is advised to obtain appropriate insurance to cover the Property. 11.3 Rentals, Interest and Expenses. Scheduled rentals, interest on Existing Notes, utilities, and operating expenses shall be prorated as of the date of Closing. The Parties agree to promptly adjust between themselves outside of Escrow any rents received after the Closing. 11.4 Security Deposit. Security Deposits held by Seller shall be given to Buyer as a credit to the cash required of Buyer at the Closing. PAGE 6 OF 11 INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01-14-2019 Produced with zipForm® by ApLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.z'DLQaix.com 14751 Badillo St, 11.5 Post Closing Matters. Any item to be prorated that is not determined or determinable at the Closing shall be promptly adjusted by the Parties by appropriate cash payment outside of the Escrow when the amount due is determined. 11.6 Variations in Existing Note Balances. In the event that Buyer is purchasing the Property subject to an Existing Deed of Trust(s), and in the event that a Beneficiary Statement as to the applicable Existing Note(s) discloses that the unpaid principal balance of such Existing Note(s) at the closing will be more or less than the amount set forth in paragraph 3.1(c) hereof ("Existing Note Variation"), then the Purchase Money Note(s) shall be reduced or increased by an amount equal to such Existing Note Variation. If there is to be no Purchase Money Note, the cash required at the Closing per paragraph 3.1(a) shall be reduced or increased by the amount of such Existing Note Variation. 11.7 Variations in New Loan Balance. In the event Buyer is obtaining a New Loan and the amount ultimately obtained exceeds the amount set forth in paragraph 5.1, then the amount of the Purchase Money Note, if any, shall be reduced by the amount of such excess. 11.8 Owner's Association Fees. Escrow Holder shall: (i) bring Seller's account with the association current and pay any delinquencies or transfer fees from Seller's proceeds, and (ii) pay any up front fees required by the association from Buyer's funds. 12. Representations and Warranties of Seller and Disclaimers. 12.1 Seller's warranties and representations shall survive the Closing and delivery of the deed for a period of 3 years, and any lawsuit or action based upon them must be commenced within such time period. Seller's warranties and representations are true, material and relied upon by Buyer and Brokers in all respects. Seller hereby makes the following warranties and representations to Buyer and Brokers: (a) Authority of Seller. Seller is the owner of the Property and/or has the full right, power and authority to sell, convey and transfer the Property to Buyer as provided herein, and to perform Seller's obligations hereunder. (b) Maintenance During Escrow and Equipment Condition At Closing. Except as otherwise provided in paragraph 9.1(n) hereof, Seller shall maintain the Property until the Closing in its present condition, ordinary wear and tear excepted. (c) Hazardous Substances/Storage Tanks. Seiler has no knowledge, except as otherwise disclosed to Buyer in writing, of the existence or prior existence on the Property of any Hazardous Substance, nor of the existence or prior existence of any above or below ground storage tank. (d) Compliance. Seller has no knowledge of any aspect or condition of the Property which violates applicable laws, rules, regulations, codes or covenants, conditions or restrictions, or of improvements or alterations made to the Property without a permit where one was required, or of any unfulfilled order or directive of any applicable governmental agency or casualty insurance company requiring any investigation, remediation, repair, maintenance or improvement be performed on the Property. (e) Changes in Agreements. Prior to the Closing, Seller will not violate or modify any Existing Lease or Other Agreement, or create any new leases or other agreements affecting the Property, without Buyer's written approval, which approval will not be unreasonably withheld, (f) Possessory Rights. Seller has no knowledge that anyone will, at the Closing, have any right to possession of the Property, except as disclosed by this Agreement or otherwise in writing to Buyer. (g) Mechanics' Liens. There are no unsatisfied mechanics' or materialmens' lien rights concerning the Property. (h) Actions, Suits or Proceedings. Seller has no knowledge of any actions, suits or proceedings pending or threatened before any commission, board, bureau, agency, arbitrator, court or tribunal that would affect the Property or the right to occupy or utilize same. (1) Notice of Changes. Seller will promptly notify Buyer and Brokers in writing of any Material Change (see paragraph 9.1(o)) affecting the Property that becomes known to Seller prior to the Closing. (j) No Tenant Bankruptcy Proceedings. Seiler has no notice or knowledge that any tenant of the Property is the subject of a bankruptcy or insolvency proceeding. (k) No Seller Bankruptcy Proceedings. Seller is not the subject of a bankruptcy, insolvency or probate proceeding. (1) Personal Property. Seller has no knowledge that anyone will, at the Closing, have any right to possession of any personal property included in the Purchase Price nor knowledge of any liens or encumbrances affecting such personal property, except as disclosed by this Agreement or otherwise in writing to Buyer. 12.2 Buyer hereby acknowledges that, except as otherwise stated in this Agreement, Buyer is purchasing the Property in its existing condition and will, by the time called for herein, make or have waived all inspections of the Property Buyer believes are necessary to protect its own interest in, and its contemplated use of, the Property. The Parties acknowledge that, except as otherwise stated in this Agreement, no representations, inducements, promises, agreements, assurances, oral or written, concerning the Property, or any aspect of the occupational safety and health laws, Hazardous Substance laws, or any other act, ordinance or law, have been made by either Party or Brokers, or relied upon by either Party hereto. 12.3 In the event that Buyer learns that a Seller representation or warranty might be untrue prior to the Closing, and Buyer elects to purchase the Property anyway then, and in that event, Buyer waives any right that it may have to bring an action or proceeding against Seller or Brokers regarding said representation or warranty. 12.4 Any environmental reports, soil reports, surveys, and other similar documents which were prepared by third party consultants and provided to Buyer by Seller or Seller's representatives, have been delivered as an accommodation to Buyer and without any representation or warranty as to the sufficiency, accuracy, completeness, and/or validity of said documents, all of which Buyer relies on at its own risk. Seller believes said documents to be accurate, but Buyer is advised to retain appropriate consultants to review said documents and investigate the Property. 13, Possession. Possession of the Property shall be given to Buyer at the Closing subject to the rights of tenants under Existing Leases. 14. Buyer's Entry. At any time during the Escrow period, Buyer, and its agents and representatives, shall have the right at reasonable times and subject to rights of tenants, to enter upon the Property for the purpose of making inspections and tests specified in this Agreement. No destructive testing shall be conducted, however, without Seller's prior approval which shall not be unreasonably withheld. Following any such entry or work, unless otherwise directed in writing by Seller, Buyer shall return the Property to the condition it was in prior to such entry or work, including the recompaction or removal of any disrupted soil or material as Seller may reasonably direct. All such inspections and tests and any other work conducted or PAGE 7 OF 11 INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01-14-2019 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziiol-ogix.com 14751 Badillo St, materials furnished with respect to the Property by or for Buyer shall be paid for by Buyer as and when due and Buyer shall indemnify, defend, protect and hold harmless Seller and the Property of and from any and all claims, liabilities, losses, expenses (including reasonable attorneys' fees), damages, including those for injury to person or property, arising out of or relating to any such work or materials or the acts or omissions of Buyer, its agents or employees in connection therewith. 1s. Further Documents and Assurances. The Parties shall each, diligently and in good faith, undertake all actions and procedures reasonably required to place the Escrow in condition for Closing as and when required by this Agreement. The Parties agree to provide all further information, and to execute and deliver all further documents, reasonably required by Escrow Holder or the Title Company. 16. Attorneys' Fees. If any Party or Broker brings an action or proceeding (including arbitration) involving the Property whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees and costs. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term "Prevailing Party" shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred. 17. Prior Agreements/Amendments. 17.1 This Agreement supersedes any and all prior agreements between Seller and Buyer regarding the Property. 17.2 Amendments to this Agreement are effective only if made in writing and executed by Buyer and Seller. 18. Broker's Rights. 18.1 If this sale is not consummated due to the default of either the Buyer or Seller, the defaulting Party shall be liable to and shall pay to Brokers the Brokerage Fee that Brokers would have received had the sale been consummated. If Buyer is the defaulting party, payment of said Brokerage Fee is in addition to any obligation with respect to liquidated or other damages. 18.2 Upon the Closing, Brokers are authorized to publicize the facts of this transaction. 19. Notices. 19.1 Whenever any Party, Escrow Holder or Brokers herein shall desire to give or serve any notice, demand, request, approval, disapproval or other communication, each such communication shall be in writing and shall be delivered personally, by messenger or by mail, postage prepaid, to the address set forth in this Agreement or by facsimile transmission, electronic signature, digital signature, or email. 19.2 Service of any such communication shall be deemed made on the date of actual receipt if personally delivered, or transmitted by facsimile transmission, electronic signature, digital signature, or email. Any such communication sent by regular mail shall be deemed given 48 hours after the same is mailed. Communications sent by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed delivered 24 hours after delivery of the same to the Postal Service or courier. If such communication is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day. 19.3 Any Party or Broker hereto may from time to time, by notice in writing, designate a different address to which, or a different person or additional persons to whom, all communications are thereafter to be made. 20. Duration of Offer. 20.1 If this offer is not accepted by Seller on or before 5:00 P,M. according to the time standard applicable to the city of Baldwin Park on the date of November 7, 2019 it shall be deemed automatically revoked. 20.2 The acceptance of this offer, or of any subsequent counteroffer hereto, that creates an agreement between the Parties as described in paragraph 1.2, shall be deemed made upon delivery to the other Party or either Broker herein of a duly executed writing unconditionally accepting the last outstanding offer or counteroffer. 21. LIQUIDATED DAMAGES. (This Liquidated Damages paragraph is applicable only if initialed by both Parties). THE PARTIES AGREE THAT IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX, PRIOR TO SIGNING THIS AGREEMENT, THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED BY SELLER IF BUYER FAILS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. THEREFORE, IF, AFTER THE SATISFACTION OR WAIVER OF ALL CONTINGENCIES PROVIDED FOR THE BUYER'S BENEFIT, BUYER BREACHES THIS AGREEMENT, SELLER SHALL BE ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF $10, 000. 00 . UPON PAYMENT OF SAID SUM TO SELLER, BUYER SHALL BE RELEASED FROM ANY FURTHER LIABILITY TO SELLER, AND ANY ESCROW CANCELLATION FEES AND TITLE COMPANY CHARGES SHALL BE PAID BY SELLER. Buyer Initials Seller Initials 22, ARBITRATION OF DISPUTES. (This Arbitration of Disputes paragraph is applicable only if initialed by both Parties.) 22.1 ANY CONTROVERSY AS TO WHETHER SELLER IS ENTITLED TO THE LIQUIDATED DAMAGES AND/OR BUYER IS ENTITLED TO THE RETURN OF DEPOSIT MONEY, SHALL BE DETERMINED BY BINDING ARBITRATION BY, AND UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("COMMERCIAL RULES"). ARBITRATION HEARINGS SHALL BE HELD IN THE COUNTY WHERE THE PROPERTY IS LOCATED. THE NUMBER OF ARBITRATORS SHALL BE AS PROVIDED IN THE COMMERCIAL RULES AND EACH SUCH ARBITRATOR SHALL BE AN IMPARTIAL REAL ESTATE BROKER WITH AT LEAST 5 YEARS OF FULL TIME EXPERIENCE IN BOTH THE AREA WHERE THE PROPERTY IS LOCATED AND THE TYPE OF REAL ESTATE THAT IS THE SUBJECT OF THIS AGREEMENT, THE ARBITRATOR OR ARBITRATORS SHALL BE APPOINTED UNDER THE COMMERCIAL RULES AND SHALL HEAR AND DETERMINE SAID CONTROVERSY IN ACCORDANCE WITH APPLICABLE LAW, THE INTENTION OF THE PARTIES AS EXPRESSED IN THIS AGREEMENT AND ANY AMENDMENTS THERETO, AND UPON THE EVIDENCE PRODUCED AT AN ARBITRATION PAGE 8 OF 11 INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01-14-2019 Produced with zlpForm® by zipLogix 16070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com 14751 Badillo St, HEARING. PRE -ARBITRATION DISCOVERY SHALL BE PERMITTED IN ACCORDANCE WITH THE COMMERCIAL RULES OR STATE LAW APPLICABLE TO ARBITRATION PROCEEDINGS, THE AWARD SHALL BE RENDERED WITHIN 30 DAYS AFTER THE CONCLUSION OF THE HEARING, AND MAY INCLUDE ATTORNEYS' FEES AND COSTS TO THE PREVAILING PARTY PER PARAGRAPH 16 HEREOF. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT OF COMPETENT JURISDICTION NOTWITHSTANDING THE FAILURE OF A PARTY DULY NOTIFIED OF THE ARBITRATION HEARING TO APPEAR THEREAT. 22.2 BUYER'S RESORT TO OR PARTICIPATION IN SUCH ARBITRATION PROCEEDINGS SHALL NOT BAR SUIT IN A COURT OF COMPETENT JURISDICTION BY THE BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE UNLESS AND UNTIL THE ARBITRATION RESULTS IN AN AWARD TO THE SELLER OF LIQUIDATED DAMAGES, IN WHICH EVENT SUCH AWARD SHALL ACT AS A BAR AGAINST ANY ACTION BY BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE. 22.3 NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE, YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY, WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Buyer Initials Seller Initials 23. Miscellaneous. 23.1 Binding Effect. This Agreement shall be binding on the Parties without regard to whether or not paragraphs 21 and 22 are initialed by both of the Parties. Paragraphs 21 and 22 are each incorporated into this Agreement only if initialed by both Parties at the time that the Agreement is executed. 23.2 Applicable Law. This Agreement shall be governed by, and paragraph 22.3 is amended to refer to, the laws of the state in which the Property is located. Any litigation or arbitration between the Parties hereto concerning this Agreement shall be initiated in the county in which the Property is located. 23.3 Time of Essence. Time is of the essence of this Agreement. 23.4 Counterparts. This Agreement may be executed by Buyer and Seller in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Escrow Holder, after verifying that the counterparts are identical except for the signatures, is authorized and instructed to combine the signed signature pages on one of the counterparts, which shall then constitute the Agreement. 23.5 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING THE PROPERTY OR ARISING OUT OF THIS AGREEMENT. 23.6 Conflict. Any conflict between the printed provisions of this Agreement and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. Seller and Buyer must initial any and all handwritten provisions. 23.7 1031 Exchange. Both Seller and Buyer agree to cooperate with each other in the event that either or both wish to participate in a 1031 exchange. Any party initiating an exchange shall bear all costs of such exchange. The cooperating Party shall not have any liability (special or otherwise) for damages to the exchanging Party in the event that the sale is delayed and/or that the sale otherwise fails to qualify as a 1031 exchange. 23.8 Days. Unless otherwise specifically indicated to the contrary, the word "days" as used in this Agreement shall mean and refer to calendar days. 24. Disclosures Regarding The Nature of a Real Estate Agency Relationship. 24.1 The Parties and Brokers agree that their relationship(s) shall be governed by the principles set forth in the applicable sections of the California Civil Code, as summarized in paragraph 24.2. 24.2 When entering into a discussion with a real estate agent regarding a real estate transaction, a Buyer or Seller should from the outset understand what type of agency relationship or representation it has with the agent or agents in the transaction. Buyer and Seller acknowledge being advised by the Brokers in this transaction, as follows: (a) Seller's Agent. A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or subagent has the following affirmative obligations: (1) To the Seller: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duties. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any confidential information obtained from the other Party which does not involve the affirmative duties set forth above. (b) Buyer's Agent. A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations. (1) To the Buyer: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer. (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duties. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any confidential information obtained from the other Party which does not involve the affirmative duties set forth above. (c) Agent Representing Both Seller and Buyer. A real estate agent, either acting directly or through one or more associate licenses, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the PAGE 9 OF 11 INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01-14-2019 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.z'pLooix.com 14751 Badillo St, Buyer. (1) In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: a. A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either Seller or the Buyer. b. Other duties to the Seller and the Buyer as stated above in their respective sections (a) or (b) of this paragraph 24.2. (2) In representing both Seller and Buyer, the agent may, not without the express permission of the respective Party, disclose to the other Party confidential information, including, but not limited to, facts relating to either Buyer's or Seller's financial position, motivations, bargaining position, or other personal information that may impact price, including Seller's willingness to accept a price less than the listing price or Buyer's willingness to pay a price greater than the price offered. (3) The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect their own interests. Buyer and Seller should carefully read all agreements to assure that they adequately express their understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal advice is desired, consult a competent professional. Buyer has the duty to exercise reasonably care to protect Buyer, including as to those facts about the Property which are known to Buyer or within Buyer's diligent attention and observation. Both Seller and Buyer should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change. (d) Further Disclosures. Throughout this transaction Buyer and Seller may receive more than one disclosure, depending upon the number of agents assisting in the transaction. Buyer and Seller should each read its contents each time it is presented, considering the relationship between them and the real estate agent in this transaction and that disclosure. Buyer and Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer representation agreement or separate document. Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sellers with competing properties that may be of interest to this Buyer. Brokers have no responsibility with respect to any default or breach hereof by either Party. The Parties agree that no lawsuit or other legal proceeding involving any breach of duty, error or omission relating to this transaction may be brought against Broker more than one year after the Date of Agreement and that the liability (including court costs and attorneys' fees), of any Broker with respect to any breach of duty, error or omission relating to this Agreement shall not exceed the fee received by such Broker pursuant to this Agreement; provided, however, that the foregoing limitation on each Broker's liability shall not be applicable to any gross negligence or willful misconduct of such Broker. 24.3 Confidential Information: Buyer and Seller agree to identify to Brokers as "Confidential" any communication or information given Brokers that is considered by such Party to be confidential. 25. Construction of Agreement. In construing this Agreement, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Agreement. Whenever required by the context, the singular shall include the plural and vice versa. This Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. 26. Additional Provisions: Additional provisions of this offer, if any, are as follows or are attached hereto by an addendum or addenda consisting of paragraphs through . (If there are no additional provisions write "NONE".) (A) Purchase is contingent on buyer's concurrent purchase of property address: 14824 Ramona Blvd Baldwin Park CA (B)Escrow to close 60 days or sooner after acceptance; concurrent with escrow closing for 14824 Ramona Blvd Baldwin Park (C) Buyer has no other contingencies (D) Seller reserves the right to continue to market property until city council approves and executes purchase agreement. (E) APN: 8437-013-026 and 8437-013-027 ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS AGREEMENT OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS AGREEMENT. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PROPERTY. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PROPERTY, THE INTEGRITY AND CONDITION OF ANY STRUCTURES AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PROPERTY FOR BUYER'S INTENDED USE. WARNING: IF THE PROPERTY IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THIS AGREEMENT MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PROPERTY IS LOCATED. NOTE: 1. THIS FORM IS NOT FOR USE IN CONNECTION WITH THE SALE OF RESIDENTIAL PROPERTY. 2. IF EITHER PARTY IS A CORPORATION, IT IS RECOMMENDED THAT THIS AGREEMENT BE SIGNED BY TWO CORPORATE OFFICERS. PAGE 10 OF 11 INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01-14-2019 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zip ocix om 14751 Badillo St, The undersigned Buyer offers and agrees to buy the Property on the terms and conditions stated and acknowledges receipt of a copy hereof. 27. Acceptance. 27.1 Seller accepts the foregoing offer to purchase the Property and hereby agrees to sell the Property to Buyer on the terms and conditions therein specified. 27.2 In consideration of real estate brokerage service rendered by Brokers, Seller agrees to pay Brokers a real estate Brokerage Fee in a sum equal to % of the Purchase Price to be divided between the Brokers as follows: Seller's Broker % and Buyer's Broker 3.000 %. This Agreement shall serve as an irrevocable instruction to Escrow Holder to pay such Brokerage Fee to Brokers out of the proceeds accruing to the account of Seller at the Closing. 27.3 Seller acknowledges receipt of a copy hereof and authorizes Brokers to deliver a signed copy to Buyer. NOTE: A PROPERTY INFORMATION SHEET IS REQUIRED TO BE DELIVERED TO BUYER BY SELLER UNDER THIS AGREEMENT. BROKER Deasv Penner Att: Dor Title: _ Address: Arrieta Phone: Fax: Email: dorvi11131@yahoo.com Federal ID No.: Broker/Agent DRE License #: Date: SELLER Baldwin Park 23 Group, LLC By: Name Printed: Title: Phone: Fax: Email: By: Name Printed: Title: Phone: Fax: Email: Address: Federal ID No.: AIR CRE. 500 North Brand Blvd, Suite 900, Glendale, CA 91203, Tel 213-687-8777, Email contracts@aircre.com NOTICE: No part of the works may be reproduced in any form without permission in writing. PAGE 11 OF 11 INITIALS INITIALS @ 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01-14-2019 Produced with zipForm® by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziol-oakcom 14751 Badillo St, Date: November 6 2019 BROKER BUYER Keller Williams Covina City of Baldwin Park and/or Assignee Att: Carolina Ruiz By: Title: Broker Associate Name Printed: Manuel Lozano Address: 100 N. Citrus Street, Suite 160 Title: Mayor West Covina CA 91791 Phone: Phone: (626) 862-5654 Fax: Fax: (626) 966-4110 Email: Email:Carolina@ BrokerCarolina.com Federal ID No.: 47-2189209 By: Broker/Agent DRE License #: 01275776 Name Printed: Title: Phone: Fax: Email: Address: Federal ID No.: 27. Acceptance. 27.1 Seller accepts the foregoing offer to purchase the Property and hereby agrees to sell the Property to Buyer on the terms and conditions therein specified. 27.2 In consideration of real estate brokerage service rendered by Brokers, Seller agrees to pay Brokers a real estate Brokerage Fee in a sum equal to % of the Purchase Price to be divided between the Brokers as follows: Seller's Broker % and Buyer's Broker 3.000 %. This Agreement shall serve as an irrevocable instruction to Escrow Holder to pay such Brokerage Fee to Brokers out of the proceeds accruing to the account of Seller at the Closing. 27.3 Seller acknowledges receipt of a copy hereof and authorizes Brokers to deliver a signed copy to Buyer. NOTE: A PROPERTY INFORMATION SHEET IS REQUIRED TO BE DELIVERED TO BUYER BY SELLER UNDER THIS AGREEMENT. BROKER Deasv Penner Att: Dor Title: _ Address: Arrieta Phone: Fax: Email: dorvi11131@yahoo.com Federal ID No.: Broker/Agent DRE License #: Date: SELLER Baldwin Park 23 Group, LLC By: Name Printed: Title: Phone: Fax: Email: By: Name Printed: Title: Phone: Fax: Email: Address: Federal ID No.: AIR CRE. 500 North Brand Blvd, Suite 900, Glendale, CA 91203, Tel 213-687-8777, Email contracts@aircre.com NOTICE: No part of the works may be reproduced in any form without permission in writing. PAGE 11 OF 11 INITIALS INITIALS @ 2019 AIR CRE. All Rights Reserved. OFA -20.11, Revised 01-14-2019 Produced with zipForm® by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziol-oakcom 14751 Badillo St, ITEM NO. STAFF REPORT 'OKI TO: Honorable Mayor and City Councilmembers HUB OF t? THE vA FROM: Johnny Patino, Interim Chief of Police ® U7K SAN GABRIEL ��* DATE: November 6, 2019 VALLEY' V LL Y % A E _0'�J , '0� SUBJECT: Request for Authorization to Purchase a Bi -Directional Antenna JAN%03 for the new Police Department / Public Works Radio System SUMMARY This report seeks authorization from the City Council to purchase a needed bi-directional antenna for the radio system in the amount of $61,020.03. FISCAL IMPACT There is no fiscal impact to the General Fund. This proposal would utilize funds from AB74 Public Safety Enhancements Fund, account #209-30-370-58110-13022 with $30,000 from CIP20-167 approved in the FY 2019-20. The additional funding of $31,020.03 will also come from account #209- 30-370-58110-13022. RECOMMENDATION Staff recommends that the City Council: 1. Waive the formal bidding process for this purchase; and 2. Authorize the Police Department to purchase the requested bi-directional antenna-, and 3. Authorize the Director of Finance to appropriate an additional $31,020.03 from account #209- 30-370-58110-13022; and 4. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase and installation. BACKGROUND City Council authorized the purchase of new radio equipment for use by the Police and Public Works Departments in late 2017. Since that time the manufacturer has fabricated, transported and installed the equipment and trained Police Department dispatchers in its use. During the installation process it was discovered that the transmitters of the new network joined by the departments ("ComNet") will not reach the basement level of City Hall. This poses a security problem as the basement level houses the City Jail, Firing Range, and other key areas frequented by police officers and civilian staff. It is vital that officers be in constant communication contact at all times while on duty. The requested bi-directional antenna unit will rectify this shortcoming and provide seamless communications to all personnel while on the basement level of the building. This antenna is proprietary equipment manufactured by the same manufacturer of the entire new radio system. LEGAL REVIEW Not applicable at this time. ALTERNATIVES 1. Authorize the purchase. ATTACHMENTS 1. Quote from BearCom, the City's authorized Motorola equipment vendor and installer. Attachment 1 Quote from BearCom _ BEARC-1wM" 'ways On Customer/Prospect Number 5466066 BALDWIN PARK PD 14403 E PACIFIC AVE BALDWIN PARK CA 91706 08/30/19 14:06:04 Page - 1 Quote Date: 08/29/19 Branch 20390 Quote Number: 386171 Customer Contact: CHRIS HOFFORD Email: CHOFFORD@BALDWINPARK.COM Phone Number: 626 960-1955 EXT 488 DeliveU Instr: Part Unit Extended Quantity Number Price Price 1 63-69-19044-2-N 29,793.22 29,793.22 SBII+, 470-512MHZ, 4 -WIN 1.325 1 BMOY4705 134.44 134.44 TES YAGI 450-490 24406 9 DN-74FN 123.51 1,111.63 10DB TAPPER, LOW PIM,N, 350 MH 2 DN-34FN 123.51 247.03 31)B TAPPER, LOW PIM, N, 350 MH 12 B1K3/Q5BM 240.00 2,880.00 EMR ANTENNA ENH 1/4 WAVE 500 LMR400-LLPX 6.62 3,310.35 TES LMR400 PLENUM CABLE 252240 1 DGXZ+06NMNF-Z 140.00 140.00 SURGE PROTECTION 30 EZ-400-NMH-PL-X 13.78 413.50 TESSCO N MALE FOR LMR-400-LLPL 567046 1 INSTALLATION MATERIALS 600.00 600.00 96 INSTALL 180.00 17,280.00 INSTALLATION SERVICES 8 INSTALL 180.00 1,440.00 COMMISSIONING AND TESTING Quote valid until 11/25/19 Confidential and Proprietary Sub Total 57,350.17 Shipping and Handling TBD X Tax 3,669.86 Tax Estimate Customer Signature Total �— 61,020,03 Check with your Bearcom executive for current financing promotions through LCA 12 Months 5,319.36 24 Months 2,787.94 36 Months 1,912.06 48 Months 1,489.74 60 Months 1,241.33 Visit our Web site at: www.BearCom.com ')PAMO O Click on the Link' o APPUY NOW: i Up://a: ]e i ee]ease c ilp rm/b Kcorn Christine Toth REDONDO BEACH Branch Office: 800-750-7234 MR Account Manager FAX: 310-643-8166 christine.toth@bearcom.com Visit our Web site at: www.BearCom.corn X41:) RMt )) swl0 0 ITEM NO. STAFF REPORT TO: Honorable Mayor and Members of the City Council HUB OF FROM: Shannon Yauchzee, Chief Executive Officer SAWGAB Laura J. Thomas, Human Resources/Risk Manager 1 DATE: November 6, 2019 SUBJECT: Approve Ratification of an Employment Agreement with ShaoYin Wei, Accounting Manager SUMMARY Section 33.05 of the Municipal Code gives the Chief Executive Officer (CEO) the hiring authority over the position of Accounting Manager, however, the City Council must ratify the contract. Recommendation Staff recommends that the City Council ratify the employment agreement with ShaoYin, Wei, for employment as the Accounting Manager, and authorize its execution by the Mayor. Fiscal Impact There is a savings to the General Fund and other Special Revenue funds. Due to the recent resignation of the Senior Finance Clerk and hiring of a new Finance Clerk, the reopening of the Accounting Manager position, and freezing of the vacant Assistant Accounting Manager position, it will provide a total estimated salary and benefit savings of $6,300. Background To achieve cost savings, the Accounting Manager position remained vacant for several years, and the lower level Assistant Accounting Manager incumbent assisted in managing the operations of the Finance Department. However, just recently, the Assistant Accounting Manager resigned. This left a huge gap in the Finance operation. It was subsequently determined by the Director of Finance that filling the Accounting Manager position would better serve the City of Baldwin Park from an operational and efficiency standpoint. The Finance Department maintains oversight of the City's annual budget, various audits, revenue and expenditures, fees, business licenses and payroll, while being responsive to time sensitive requests from Federal, State and local agencies. Hiring an incumbent at the higher level who can effectively manage multiple facets of a complex finance and accounting operations are vital. Ms. Wei will bring over 24 years of city government experience to the City. The contract would provide that Ms. Wei starts at step 6 of the salary range for Accounting Manager, and provided a sick leave bank of 180 hours which is not unusual for senior management positions. All other details are in accordance with the City's standard contract language for Managers. Alternatives The alternative is to request further review of the proposed Agreement. Legal Review This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS • ATTACHMENT A— ACCOUNTING MANAGER EMPLOYMENT AGREEMENT Attachment "A Accounting Manager Employment Agreement AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Baldwin Park, a general law city (hereinafter "City") and ShaoYin Wei, an individual (hereinafter "Employee"). Section 1. Duties ShaoYin Wei City agrees to employ Employee as the Accounting Manager with the responsibility of supervising and managing the day to day operations of the Finance Department under the direction of the Director of Finance. 2. The Employee shall perform other related and necessary duties as required by law and designated bythe Director of Finance and Chief Executive Officer. 3. The Director of Finance and Chief Executive Officer shall establish performance goals and objectives to be met by the Employee as Accounting Manager for each year of this agreement. Said objectives shall be established as part of the evaluation process. The Director of Finance and Chief Executive Officer agrees to conduct a performance evaluation after twelve (12) months from the date of employment, and also upon each annual anniversary date of employment. The evaluation shall be conducted in accordance with specific criteria jointly developed and finalized by the Director of Finance, Chief Executive Officer and Employee. The Chief Executive Officer, based upon said evaluation, may award a salary step increase to Employee. Salary increases may be by amendment to this contract or by Resolution of the City Council. 4. Employee shall satisfactorily perform the duties of Accounting Manager with a high degree of professionalism and shall work the schedule necessary to ensure completion of performance. Employee shall generally report to work during normal business hours except during approved leave. Employee shall not conduct any outside business, or consulting business, except that employee may engage in occasional professional teaching or related duties subject to approval of the Chief Executive Officer, which approval shall not be unreasonably withheld. 5. Employee hereby agrees to perform faithfully and to the best of their abilities all the duties pertaining to the Accounting Manager position as may be required by the laws of the City of Baldwin Park and the State of California relating to municipal corporations, and the rules and regulations of the City of Baldwin Park, which are now in force or which may be put in force during the term herein stated, and further shall perform such other tasks and duties as may be designated by the Director of Finance and Chief Executive Officer and that the parties hereto agree that said position as Accounting Manager shall be deemed and construed to be a full-time position. Section 2. Terms of Employment 1. The Employee's start date and anniversary date of employment is November 20, 2019, and the terms of this agreement shall commence on that date and shall continue until terminated as set forth in this Agreement. 2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Chief Executive Officer to terminate the service of the Employee as an "at -will" Employee. Employee agrees that Employee is an "AT WILL" Employee. 3. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his/her position with City. Section 3. Compensation/Benefits 1. Commencing November 20, 2019, the Accounting Manager salary shall be Step 6 of the Accounting Manager salary schedule. 2. The employee shall be hired as a classic member of the CalPERS retirement system based on verification of the employee's previous employment history as a CalPERS member. 3. Benefits: a. The City shall provide to Employee all fringe benefits as are in the Unclassified Manager's Benefits Matrix. b. The City shall provide the Employee with a one time lump sum of 180 hours of sick time accrual upon hire. Section 4. Termination. Waiver and Severance Pay 1. In the event the Chief Executive Officer terminates Employee's employment as Accounting Manager pursuant to this Agreement, and if Employee is not otherwise in breach of the terms of this Agreement, and if Employee executes a written waiver of any and all claims the Employee may have against the City, including but not limited to, a Civil Code Section 1542 waiver, then and only then the City shall pay a lump sum cash payment equal to three (3) months base salary ("Severance Pay") to Employee. No benefits will be included in the calculation of the severance payment described herein. However, the City shall be relieved of its obligation to pay Severance Pay if Employee is terminated for malfeasance in carrying out the duties obligated under this Agreement or if the Employee is convicted of any illegal act involving moral turpitude or personal gain or if Employee refuses to sign a complete waiver releasing the City of any and all claims the Employee may have against the City. Section 5. General Provisions 1. The text herein shall constitute the entire Agreement between the parties. 2. This Agreement shall be effective November 20, 2019. 3. This Agreement shall only be modified in writing by the parties. Manuel Lozano Date Mayor Jean M. Ayala Date City Clerk ShaoYin Wei Date ITEM NO. I STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Robert Tafoya, City Attorney 1 DATE: November 6 2019 y SUBJECT: An Urgency Ordinance of the City of Baldwin Park to Temporarily Stabilize Rents in the City SUMMARY This report is requesting City Council consideration and adoption of an urgency ordinance that will retroactively and temporarily freeze rents for 180 days for specified rental units in the City of Baldwin Park and require landlords to establish "just cause" to evict a tenant during the term identified in this urgency ordinance. This urgency ordinance will be retroactive to October 1, 2019. This temporary freeze contained in this urgency ordinance can be modified and or extended in duration by the City Council of Baldwin Park. This urgency ordinance is designed to protect Baldwin Park tenants from rent increases and arbitrary evictions while the City studies the issue of rent stabilization in the City and is able to draft and pass a thorough and detailed "Rent Stabilization Ordinance". In Cities and County areas that are considering rent stabilization ordinances, it is not uncommon to see landlords spike rents once they realize that rent stabilization may occur. In addition, in Cities and County areas that are considering rent stabilization ordinances, it is not uncommon to see landlords arbitrarily evict tenants for no reasonable or justified reason in order to raise rents before a rent stabilization ordinance can be drafted and adopted by the city or County. When landlords spike rents in substantial amounts, it causes potentially destabilizing effects on the family unit because the large rent increases cannot be afforded by the renter and the family could end up homeless or in some other unstable situation. The same is true when landlords unreasonably evict tenants for no apparent reason other than to spike rents ahead of a rent stabilization ordinance. In addition, unreasonable evictions and spiking or rents could cause a public safety concern for families and children in the City of Baldwin Park. RECOMMENDATION Staff recommends that the City Council Approve, Ratify, and Adopt an Urgency Ordinance authorizing a 180 day temporary freeze on rents and requiring "just cause" to evict a tenant in the City of Baldwin Park during the 180 period described above. This temporary freeze contained in this urgency ordinance can be modified and or extended in duration by the City Council of Baldwin Park. This urgency ordinance will be retroactive to September 4, 2019. FISCAL IMPACT There is no fiscal impact to the City of Baldwin Park. BACKGROUND The City of Baldwin Park City Council and its staff have been studying the possibility of a rent stabilization ordinance for the City of Baldwin Park. The City is studying the City of LA Ordinance, State law on rent control and other city ordinances in order to fashion an ordinance that will meet the needs to the residents of the City of Baldwin Park. In other Cities that are considering adopting a rent stabilization ordinance, those Cities have experienced landlords unreasonably spiking rents ahead of the adoption of the ordinance and unreasonable eviction ahead of the adoption of a ordinance to stabilize rents. By adopting this urgency ordinance, the City of Baldwin Park wishes to avoid landlords unreasonably spiking rents or unreasonably evicting tenants while the City Council studies a comprehensive rent stabilization ordinance. ALTERNATIVES The alternative is to not pass the urgency ordinance and put no restrictions on rent at this time. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS Not Applicable ITEM NO. 13 STAFF REPORT '0 TO: Honorable Mayor and Members of the City Council HUB OF v FROM: Ben Martinez Director of Community Development sAry GABR�EL `h� PREPARED BY: Ron Garcia, City Planner moo:, VALLEY ,"; �9TEL) _'A".\3 DATE: November 6, 2019 SUBJECT: Appeal of Conditional Use Permit No. 882, and a Design Exception for the Construction of a 52 -Foot Tall Mono - Eucalyptus Wireless Telecommunication Facility Located in a Residential Zone, Pursuant Table 153.180.050 in the City's Municipal Code. (Location: APN 8460-001-900 and 8460-001-901; Applicant: Verizon Wireless — Reliant Land Services c/o Stella Shih) SUMMARY On August 28, 2019, the Planning Commission adopted Resolution 19-17 approving Conditional Use Permit No. 882 and a design exception for the construction of a 52 -foot tall mono -eucalyptus wireless communication facility. An appeal of the Planning Commission decision was filed on September 9, 2019 by Gloria A. Heredia. RECOMMENDATION Staff recommends that the City Council adopt Resolution 2019-047 upholding the Planning Commission's decision and approve Conditional Use Permit No. 882. FISCAL IMPACT No fiscal impact. It is estimated that the General Fund will receive $2,652.87 development impact fees. 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) of the California Environmental Quality Act (CEQA), as the proposal involves the construction of a new wireless telecommunications facility. SUBJECT PROPERTY AND SURROUNDING LAND USES The subject project site consists of two lots, APN 8460-001-900 and APN 8460-001-901, located in the Single -Family Residential (R-1) zone and is consistent with the Single Family General Plan land use designation. The two lots are used by a utility purveyor, Valley County Water District who operates a pump station which will remain on the site. The subject properties are located on the north side of Big Dalton Avenue and east of Channing Street. APN 8460-001-900 is a flag -shaped lot that currently abuts a single-family residential property, 3615 Big Dalton Avenue, on the southern property line. APN 8460- 001-901 is a rectangular shaped lot that abuts the northern property line of APN 8460-001-900 and is land -locked. Access to these lots is provided by a driveway that is a part of APN 8460-001-900 that runs along 3615 Big Dalton Avenue. In total, the two lots contain approximately 21,643.15 square feet (0.49 acres) of lot area. Lot APN: 8460-001-901 at the rear and has no buildings and is used for parking and storage in conjunction with the two buildings on lot APN: 8460-001-900, which is located south of the lot. The mono -eucalyptus wireless facility and equipment enclosure are proposed on the rear property (-901). However, the electrical line required to power the facility will run from the middle property (-900) from an existing transformer and a proposed Verizon meter pedestal. TABLE #1 SURROUNDING LAND USE - J BACKGROUND On January 24, 2018 the Planning Commission approved Conditional Use Permit No. 856 and which expired July of 2018. Due to the permit expiring, the applicant was required to restart the process by submitting a Conditional Use Permit application for review and approval. On May 20, 2019, the applicant submitted an application to the Planning Division. The proposal was reviewed by the Planning Commission and approved on August 28, 2019 on a 3-0 vote. The Planning Department recommended approval of the project to the Planning Commission at the hearing of August 28, 2019. On September 9, 2019, the City Clerk received an appeal in opposition to the Planning Commission approved Conditional Use Permit (Attachment No. 2). Based on the approval of the project by the Planning Commission, a City Council resolution of approval has been prepared (Attachment No. 1). DISCUSSION The applicant, Verizon Wireless — Reliant Land Services c/o Stella Shih, is requesting consideration of a design exception and approval of a conditional use permit, which would allow for the installation and operation of a 52 foot tall mono -eucalyptus wireless communications facility. However, the applicant is first required to combine the two (2) lots into one (1) lot by means of a Lot Merger in accordance with the Subdivision Map Act. I The proposed mono -eucalyptus structure will be located on lot APN: 8460-001-901 and approximately 318 feet from the Big Dalton Avenue public right-of-way. The lot on which the wireless facility is proposed is generally vacant but is used for parking and storage by Valley County Water District. Due to the lot's vacant state, the installation of the mono -eucalyptus will not require any demolition of structures. The wireless facility will consist of a total of twelve (12) 8 -foot panel antennas distributed at four (4) antennas per three (3) sectors. Eighteen (18) RRUs, three (3) Raycaps, and one (1) Microwave Dish will also be installed on the tower. The mono -eucalyptus will be constructed within a decorative block wall enclosure that will screen the base of the pole. The enclosure will measure 6 feet in height and will secure a 484 square foot (22 foot by 22 foot) equipment area. The equipment enclosure will screen two (2) radio equipment cabinets and a 54 gallon diesel fuel emergency standby generator. Pursuant to Table 153.180.050 of the wireless ordinance, wireless communications facilities in Residential zones are prohibited without an exception granted in accordance to section 153.180.100. Table 153.180.050 also indicates that the maximum antenna height allowed in the Residential zone is 30 feet. The proposed 52 foot tall mono -eucalyptus exceeds the maximum allowed in the zone and as :i i0 As part of the design exception, the applicant was required to provide justification in addition to tht Conditional Use Permit application (Attachment No. 3). In accordance with Section 153.180.100, the applicant's design exception justification demonstrates that the facility must be located and designed as proposed, with the minimum height necessary, to service an area that is currently experiencing a coverage gap. The applicant's justificatio# indicates that the proposed facility will not create a significant visual impact because the proposed design is a stealth mono -eucalyptus similar in height to other mature trees in the vicinity. Staff has added conditions of approval to further minimize any visual impact created by the proposal. Conditions of approval have been added requiring the applicant/property owner to install on site and maintain two (2) live trees of at least 36 inch box in size that will grow to a height comparable to the proposed mono -eucalyptus and the installation of an additional landscape barrier along the rear property line as requested by the Planning Commission on August 28, 2019. As part of the conditional use permit application, the applicant is required to provide an alternative site analysis that identifies other suitable sites and co -location options with the goal of avoiding the construction of new towers. As part of the alternatives site analysis, the applicant indicated that the subject site was identified as the most suitable. In regards to this proposal, staff believes that the spirit and intent of the wireless ordinance has been met. With the added conditions of approval, the visual impacts created by the wireless facility will be reduced. The proposed project will not have an adverse impact on the public or the environment as ii will provide a utility where coverage is lacking. As presented at the August 28, 2019 Planning Commission meeting included in the draft resolution for approval for City Council (Attachment No. 1), the proposed approval findings were presented to the Planning Commission. The following are the findings required to approve the application: relzlll�• ,; Siting. The proposed wireless facility is designed to perform effectively at the locati-M selected. The location was selected because it falls within the applicant's search ring a the property owner's willingness to accommodate. Other identified locations could n accommodate or were not within the effective search ring. 2. Height Standards. The wireless ordinance limits antenna height to 30 feet for properties in the Residential zones. The applicant is seeking an exception from this requirement to construct a 52 foot tall mono -eucalyptus wireless facility. The applicant provided an analysis demonstrating that a structure constructed at the permitted height of 30 feet would not provide the necessary coverage to fill the service gap. As depicted in the coverage maps and corresponding engineering analysis, the proposed height is the minimum required for the provision of services. In extent, the proposed 52 foot height is measured from the ground to the top of the proposed foliage. The antennas are at a height maximum of 46 feet. 1 Reception. The environment surrounding the subject site is built out and beyond the applicant's control. Locating and constructing the antennas in conformance with the specifications and within the parameters of the wireless ordinance will cause the antennas to perform poorly as a result of the built out environment. 4Visual Impact. The proposed wireless facility will consist of a stealth tower in the form of a mono -eucalyptus, which provides foliage to sufficiently screen the antennas and pole mounted equipment. A recommended condition of approval has been added to require the applicant to install on the subject site two (2) trees of 36 inch box minimum of a species that matures at an approximate height comparable to the proposed wireless facility. The equipment cabinets and stand-by generator will be placed in a completely screened block wall enclosure. The conditions of approval will ensure that visual impacts are minimized. 5. Spirit and Intent. The proposed project encompasses the spirit and intent of the wireless ordinance. The project reasonably considered other location and design options, including co -location opportunities in an effort to avoid the construction of a new tower. The project ensures the health, safety and general welfare of the community by providing wireless service where needed, which enhances emergency response. The project ensures operational compliance with State and Federal Telecommunications regulations and incorporates a stealth design. The project will also enhance landscaping onsite by providing two (2) live trees for enhanced camouflaging techniques. & General Plan Consistency. The granting of the exception request is consistent with the City's General Plan. The Land Use Element in the City's General Plan provides a description of the Single Family Residential category (pg. LU -25). Pursuant to the description, "This category is established to allow traditional single-family homes, with one dwelling permitted per legal lot." An improved infrastructure to support such uses is required, including a reliable wireless network. The granting of the exception will allow for the proliferation of an enhanced wireless network. Therefore granting the exception request is consistent with the City's General Plan. 7. Public Welfare. Granting the exception will allow the construction of an effective wirele'" communication facility thus providing a more reliable wireless network and more emergency response. As part of the proposed project, the applicant will improve the subject site by providing two (2) live trees that will also serve to provide a backdrop for the proposed mono -eucalyptus. The wireless facility in conjunction with the on-site landscaping improvement will not be injurious to the properties in the vicinity, but will contribute to the public welfare of the immediate vicinity. Conditionally permitted. Upon approval of a design exception pursuant to Sectiom 153.180.100 of the zoning code, the use may be conditionally permitted within the subje zone. The use complies with the intent of all applicable provisions in that wirele telecommunications facilities are a conditionally permitted use in the Single Fami Residential (R-1) zone upon Planning Commission granting of a Design Exception *T hl proposal as submitted am nd conditionally approved will coply with the applicable provisio of subchapter 153.180 of the City's Municipal Code; and 2, Zone integrity and character. The use will not impair the integrity and character of the zone in which it is located. The proposed use of a wireless communications facility conforms to the neighboring residential uses in that it provides an improved wireless network infrastructure. The mono -eucalyptus is proposed to be set back accordingly from the nearest residential uses and setback far from the public right-of-way along Big Dalton Ave. The facility will placed closer in proximity to the Big Dalton Wash Flood Control Channel at the rear of the subject property. The facility will be effectively stealthed to minimize visual impact from the adjacent uses; and 3. Site suitability. The subject site is physically suitable for the type of use being proposed that the size and layout of the property can accommodate the proposed wireless facili without affecting existing use and operations. The mono -eucalyptus tower will occupy location at the rear of the property so that it does not interfere with the day to day operatio of the utility purveyor; and I Existing compatibility. Since the existing site is currently used for a water utility purveyor (Valley County Water District), the proposed wireless facility is compatible with the site in that it will provide a different type of utility for the public. The proposed wireless facility is also compatible with surrounding uses in that a wireless infrastructure is needed to support the existing uses. Also, the proposed stealthing techniques will reduce the visual impact, allowing compatibility with surrounding areas; and 5Future compatibility. 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 in that as part of the 2020 General Plan, the parcel retains a Single Family Residential land use designation. Furthermore, a water utility purveyor will continue to operate at this location; and 6, Utilities and services. 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 in thaJ_ the existing facility already has established utilities-, and 7Public Access. Adequate provisions for public access are available to serve the use in that the site has sufficient access to streets and highways adequate in width and pavement to carry the quantity and quality of limited traffic generated by the proposed use, the property has direct access to Big Dalton Avenue which is designated as a residential street in the City ,#,f Baldwin Park's General Plan 2020; and 8. General Plan consistency. The existing wireless facility is consistent with the spirit of the General Plan of the City in that it will continue to enhance the City's general welfare and public convenience by providing essential and reliable wireless communication in the area. In addition, the facility can continue to function in the event that the typical telephone (wire) service is interrupted during an emergency situation or natural disaster. The continued use is passive and unmanned, and therefore will not adversely affect the policies and goals of the General Plan; and 9. Safety and welfare. The use will not be detrimental to the public interest, health, safety, convenience or welfare in that the proposed use is confined located to the rear section of the property with appropriate setbacks from the property lines and is also stealthed to provide a more pleasing aesthetic appeal. Additionally, a wind load analysis and RF Emissions report will be required at the time the Applicant submits plans for plan check. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content - ATTACHMENTS 1.) Resolution No. 2019-047 2.) Letter of Appeal, Dated September 9, 2019 3.) Vicinity Map 4.) Justification Statement (Alternative Site Analysis) 5.) Propagation Maps 6.) Noise Compliance Report 7.) Radio Frequency -Electromagnetic Energy Report 8.) Photos of Existing Site 9.) Proposed Elevations and Renderings 10.) Exhibit "A" — Architectural Plans RESOLUTION NO. 2019-047 RESOLUTION NO 2019-047 A RESOLUTION OF THE CITY COUNCIL UPHOLDING THE PLANNING COMMISSION'S DECISION ADOPTING THE FINDINGS OF FACT AND APPROVING A DESIGN EXCEPTION AND CONDITIONAL USE PERMIT TO CONSTRUCT A 52 FOOT TALL MONO -EUCALYPTUS WIRELESS COMMUNICATIONS FACILITY WITHIN THE R1, SINGLE FAMILY RESIDENTIAL ZONE, PURSUANT TABLES 153.180.050 AND SECTION 153.180.100 IN THE CITY'S MUNICIPAL CODE (LOCATION: APN 8460-001-900 AND 8460-001-901; APPLICANT: VERIZON WIRELESS — RELIANT LAND SERVICES C/O STELLA SHIH; CASE NUMBERS: CP -882.) 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 conditional use permit, and request for a design exception were submitted on behalf of the owner of certain real property, located at 8460-001-900 and 8460-001-901 (Big Dalton Avenue) 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 conditional use permit and design exception for a wireless telecommunications facility, within the (R-1), Single Family Residential Zone pursuant to Tables 152.10, 153.180.050, and Section 153.180.100 of the City's Municipal Code; and (c) A duly noticed public hearing was held on August 28, 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 conditional use permit should be granted, subject to the terms of this Resolution; and (d) on November 6, 2019, the City Council by Resolution No.2019-047 approved the conditional use permit and design exception; 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) of the Resolution No. 2019-047 November 6, 2019 Page 2 California Environmental Quality Act (CEQA), as the proposal involves the construction of a new wireless telecommunications facility. SECTION 2. The City Council does hereby adopt the following Findings of Fact applicable to all design exceptions: (a) Siting. The proposed wireless facility is designed to perform effectively at the location selected. The location was selected because it falls within the applicant's search ring and the property owner's willingness to accommodate. Other identified locations could not accommodate or were not within the effective search ring. (b) Height Standards. The wireless ordinance limits antenna height to 30 feet for properties in the Residential zones. The applicant is seeking an exception from this requirement to construct a 52 foot tall mono - eucalyptus wireless facility. The applicant provided an analysis demonstrating that a structure constructed at the permitted height of 30 feet would not provide the necessary coverage to fill the service gap. As depicted in the coverage maps and corresponding engineering analysis, the proposed height is the minimum required for the provision of services. In extent, the proposed 52 foot height is measured from the ground to the top of the proposed foliage. The antennas are at a height maximum of 46 feet. (c) Reception. The environment surrounding the subject site is built out and beyond the applicant's control. Locating and constructing the antennas in conformance with the specifications and within the parameters of the wireless ordinance will cause the antennas to perform poorly as a result of the built out environment. (d) Visual Impact. The proposed wireless facility will consist of a stealth tower in the form of a mono -eucalyptus, which provides foliage to sufficiently screen the antennas and pole mounted equipment. A recommended condition of approval has been added to require the applicant to install on the subject site two (2) trees of 36 inch box minimum of a species that matures at an approximate height comparable to the proposed wireless facility. The equipment cabinets and stand-by generator will be placed in a completely screened block wall enclosure. The conditions of approval will ensure that visual impacts are minimized. (e) Spirit and Intent. The proposed project encompasses the spirit and intent of the wireless ordinance. The project reasonably considered other location and design options, including co -location opportunities in an effort to avoid the construction of a new tower. The project ensures the health, safety and general welfare of the community by providing wireless service where needed, which enhances emergency response. The project ensures operational compliance with State and Resolution No. 2019-047 November 6, 2019 Page 3 Federal Telecommunications regulations and incorporates a stealth design. The project will also enhance landscaping onsite by providing two (2) live trees for enhanced camouflaging techniques. (f) General Plan Consistency. The granting of the exception request is consistent with the City's General Plan. The Land Use Element in the City's General Plan provides a description of the Single Family Residential category (pg. LU -25). Pursuant to the description, "This category is established to allow traditional single-family homes, with one dwelling permitted per legal lot." An improved infrastructure to support such uses is required, including a reliable wireless network. The granting of the exception will allow for the proliferation of an enhanced wireless network. Therefore granting the exception request is consistent with the City's General Plan. (g) Public Welfare. Granting the exception will allow the construction of an effective wireless communication facility thus providing a more reliable wireless network and more effective emergency response. As part of the proposed project, the applicant will improve the subject site by providing two (2) live trees that will also serve to provide a backdrop for the proposed mono -eucalyptus. The wireless facility in conjunction with the on- site landscaping improvement will not be injurious to the properties in the vicinity, but will contribute to the public welfare of the immediate vicinity. SECTION 3. The City Council does hereby adopt the following Findings of Fact applicable to all conditional use permits: (a) Conditionally permitted. Upon approval of a design exception pursuant to Section 153.180.100 of the zoning code, the use may be conditionally permitted within the subject zone. The use complies with the intent of all applicable provisions in that wireless telecommunications facilities are a conditionally permitted use in the Single Family Residential (R1) zone upon Planning Commission granting of a Design Exception. The proposal as submitted and conditionally approved will comply with the applicable provisions of subchapter 153.180 of the City's Municipal Code; and (b) Zone integrity and character. The use will not impair the integrity and character of the zone in which it is located. The proposed use of a wireless communications facility conforms to the neighboring residential uses in that it provides an improved wireless network infrastructure. The mono -eucalyptus is proposed to be set back accordingly from the nearest residential uses and setback far from the public right-of- way along Big Dalton Ave. The facility will placed closer in proximity to the Big Dalton Wash Flood Control Channel at the rear of the subject property. The facility will be effectively stealthed to minimize visual impact from the Resolution No. 2019-047 November 6, 2019 Page 4 adjacent uses; and (c) Site suitability. The subject site is physically suitable for the type of use being proposed in that the size and layout of the property can accommodate the proposed wireless facility without affecting existing use and operations. The mono -eucalyptus tower will occupy a location at the rear of the property so that it does not interfere with the day to day operations of the utility purveyor; and (d) Existing compatibility. Since the existing site is currently used for a water utility purveyor (Valley County Water District), the proposed wireless facility is compatible with the site in that it will provide a different type of utility for the public. The proposed wireless facility is also compatible with surrounding uses in that a wireless infrastructure is needed to support the existing uses. Also, the proposed stealthing techniques will reduce the visual impact, allowing compatibility with surrounding areas; and (e) Future compatibility. 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 in that as part of the 2020 General Plan, the parcel retains a Single Family Residential land use designation. Furthermore, a water utility purveyor will continue to operate at this location; and (f) Utilities and services. 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 in that the existing facility already has established utilities; and (g) Public access. Adequate provisions for public access are available to serve the use in that the site has sufficient access to streets and highways adequate in width and pavement to carry the quantity and quality of limited traffic generated by the proposed use, the property has direct access to Big Dalton Avenue which is designated as a residential street in the City of Baldwin Park's General Plan 2020; and (h) General Plan consistency. The existing wireless facility is consistent with the spirit of the General Plan of the City in that it will continue to enhance the City's general welfare and public convenience by providing essential and reliable wireless communication in the area. In addition, the facility can continue to function in the event that the typical telephone (wire) service is interrupted during an emergency situation or natural disaster. The continued use is passive and unmanned, and therefore will not adversely affect the policies and goals of the General Plan; and Resolution No. 2019-047 November 6, 2019 Page 5 (i) Safety and welfare. The use will not be detrimental to the public interest, health, safety, convenience or welfare in that the proposed use is confined located to the rear section of the property with appropriate setbacks from the property lines and is also stealthed to provide a more pleasing aesthetic appeal. 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 CP -882, dated November 6, 2019; and (b) The use shall be operated and the subject property be maintained in a neat and orderly manner; that the site shall be kept free of litter and that all graffiti (throughout the lease area including the block wall mechanical equipment enclosure) shall be removed within twenty-four (24) hours at the expense of the applicant and/or owner; and (c) The plans shall not include any sites or plans for future carriers or future antennas. Applicant acknowledges that city approvals are required for any new antennas not approved herein, including any additional co -locations, consistent with city codes and governing law; and (d) That two (2) live trees of at least 36 inch box in size shall be installed, maintained, and automatically/permanently irrigated. The live trees shall have a minimum overall height of 40 feet and be of a species similar in height and foliage as the proposed wireless mono -eucalyptus. Planting and irrigation details shall be included on plans submitted for Plan Check; and (e) Trunk cladding shall be provided on the mono -eucalyptus pole beginning at the pole mounting base at grade to the bottom of the antenna array to give an appearance of a "tree trunk". Any proposed cladding shall be subject to review and approval by the City Planner and shall be maintained in good condition; and (f) Good faith attempt to work with the Valley County Water District to add a barrier to the rear property line; and (g) Antennas and mounting hardware shall be painted green to match the color of the foliage and antenna socks shall also be installed; and (h) 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 Resolution No. 2019-047 November 6, 2019 Page 6 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 (i) The applicant shall combine parcels APN 8460-001-900 and 8460-001-9001 into one parcel through a lot merger; and 0) If within one (1) year after the date of approval of CP -882, all conditions of approval have not been satisfied, then CP -882 shall become null and void; and (k) 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. PASSED AND APPROVED this 6th day of November, 2019. Manuel Lozano, Mayor BALDWIN PARK CITY COUNCIL Resolution No. 2019-047 November 6, 2019 Page 7 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. 2019-047 was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 6t" day of November, 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 Appeal to Reject Verizon Application for Cell Tower Construction N Baldwin Park SEPTEMBER 9, 2019 ""NEVER DOUBT THAT A SMALL GROUP OF THOUGHTFUL, COMMITTED CITIZENS CAN CHANGE THE WORLD; INDEED, IT IS THE ONLY THING THAT EVER HAS." BY MARGARET MEAD Prepared by the residents of Baldwin Park, CA 91706 September 1, 2019 Summary Letter September 1, 2019 City of Baldwin Park, C/O City Council 14403 E. Pacific Avenue, Baldwin Park, CA 91.706 RE: Appeal of MASTER CASE. CP -882, CONDITIONAL USE PERMIT Dear City Council Members, The following packet contains quick reference information that should be reviewed prior to the Appeal date of Master Case CP -882, Conditional Use Permit In reviewing the package, and presentation before the appeal date, you will understand our concerns and that we have met the burden of proof to justify constructing a cell tower with utility shed facilities in our neighborhood is harmful, a component which will cause out property values to go down, the sound will be a disturbance to all around the cell tower. Verizon and the Commissioners along with the City Attorney stating we could not do anything about this project — CP882 by insisting it is federal law they are required to follow with not cite of such law. We located the FCC Telecommunications Act of 1996, the city had to comply with Federal Law, instead of challenging the Law for the good of the community. In discussing with several Real Estate professionals performing extensive research and reviewing current case law, a growing number of local California Cities and Nationwide Municipalities are legally rejecting applications for wireless communication towers and facilities to preserve aesthetics of the community and property values. We hope you find this packet a useful reference and welcome any suggestions of information that you may need to reject the application of Verizon to construct a cell tower in Baldwin Park, Valley County Water District Property. Included you will find our fee of 934.00 to appeal your decision. We did ask for the fee to be waiver but we did not receive a response from anyone in the city. Sincerely, Gloria A Heredia and Residents of Baldwin Park, Appellant, Baldwin Park 14582 Sierra Way, Baldwin Park, California 91706 (C)626-991-1514 or (H)626-337-1620 Appeal of MASTER CASE. CP -882, CONDITIONAL USE PERMIT Reject Application for Verizon to construct Cell Tower and Utility Shed Facilities Challenges to Verizon Application Verizon Conditional Use Permit has not met the Burden of Proof based on their submitted application. Below are specific examples: Aesthetic Blight • The proposed cell tower and utility sheds will be situated in clear view of Baldwin Park Residences living in and around the area selected for the cell tower cite and surrounding houses and will be visually and physically obtrusive. • The cell tower and utility sheds will have a negative impact on the physical character of the surrounding neighborhood. • Verizon's presentations did not provide simulations to the Planning Commission revealing the unsightly utility sheds that would accompany the cell tower. • Verizon had no literature to share regarding the research they conducted on noise level, health concerns and how they would resolve these issue, should the tower go up regardless of it citizens concerns. • Not all residence were notified of the Cell Tower being built, the letter provided was poorly written and the picture was blurred and not easy to read. • Resolution per discussion held on August 28, 2019 claims that trees "up to 50 feet in height" will act as a natural buffer. However, the question is will this create an effective and efficiency issue with connectivity? Will Verizon follow through and will the city do their due diligence in making sure we are safe and the values of property do not drop, or the noise level and illness associated with the constant noise? • What other locations were considered? • The proposed location for the cell tower and utility sheds does not support the City of Baldwin Park requirement of Building Cell Towers on Commercial Property. The zoning where this Cell Tower is to be built is actually a zones for residential Cities & Municipalities Rejecting Cell Towers for Blight • La Crescenta, CA • Burbank, CA • San Francisco, CA • Glendale, CA • Tucson, AZ • Sonoma, CA • Palo Alto, CA • North Hollywood, CA • Irvine, CA • La Jolla, CA • Palos Verdes Estates, CA • San Diego County • La Canada Flintridge, CA • Echo Park, CA Appeal of MASTER CASE CP -882„ CONDITIONAL USE PERMIT Reject Application for Verizon to construct Cell Tower and Utility Shed Facilities Case Law Upholding Aesthetic Blight Sprint PCS Assets, LLC v. City of Palos Verdes Estates US Court of Appeals, Ninth Circuit upheld denial of Cell Tower application. Appeal of MASTER CASE CP -882, CONDITIONAL USE PERMIT Reject Application for Verizon to construct Cell Tower and Utility Shed Facilities • Court ruled that the City's decision was "authorized by local law" and supported by The California Constitution • Sprint PCS did not show a significant gap in coverage City's consideration of aesthetics in denying Sprint's permit applications "comports with PUC § 7901" • Link to view case: http://cdn.ca9.uscourts.gov/datastore/opinions/2009/10/13/05-56106.pdf • Los Angelesabout http://articles.latimes.com/2009/oct/26/local/me-ugly-telecoms26 T -Mobile v. Fairfax County US Court of Appeals, Fourth Circuit upheld denial of Cell Tower application due to visual impact. • Denied application upheld because of visual impact • T -Mobile failed to show that it explored other feasible options • T -Mobile failed to show "effective absence of coverage" • T -Mobile failed to show there are no "reasonable alternative sites" to fill gap Site Alternatives • Other than citing "not feasible because of vegetation, height and topographical issues", Verizon has failed to supply and/or specifically state those vegetation, height and topographical issues. • Questions for Verizon: o Specifically, what is not feasible and/or why would the alternate site locations not work? • Are there financial reasons for not choosing those locations? If so, why are we trying to save Verizon Money? • There is no provision in the Telecommunications Act or any other law to make financial accommodations for proposed cell tower sites. Appeal of MASTER CASE CP -882, CONDITIONAL USE PERMIT Reject Application for Verizon to construct Cell Tower and Utility Shed Facilities Noise Analysis Study Is was not shared Our Concerns: • We were not provided with the test results of the Aspectus, Inc. states in the Introduction that the "purpose of this analysis is to compare the noise levels of the new equipment to the existing ambient noise conditions" • Comparing noise does not account for the total, cumulative effect. • Tables were not provided to show the level of noise effect with the new shed and cell tower. • What will be the new Noise Level Increase and saying there will be no Net Increase, is misleading an • Below are examples pulled from an engineering website to demonstrate how adding cell towers in other areas have proved the cell tower facilities will increase the total noise: • What happens to the "old" cell towers? Can they be taken out and new ones installed? Example: Adding Equal Sound or Noise Power Sources The resulting sound power when adding equal sound power sources can be expressed as: L"t = 10log(nN/No) = 10 log(N / No) + 10 log(n) = L,s + 10 log(n) (1) where Lwt = the total sound power level (dB) Lws= sound power level from each single source (dB) N = sound power (W) No= 10-12 - reference sound power (W) n = number of sources Source: http://www.engineeringtoolbox.com/adding-decibel-d 63.html Adding of equal sound power sources can be expressed graphically: Appeal of MASTER CASE CP -882, CONDITIONAL USE PERMIT Reject Application for Verizon to construct Cell Tower and Utility Shed Facilities 10 --------------------- -------- 9 s a s z eri in�erin�t+�x�lkac�x.�a�ri 1 14 Number of S-ources - V I.E., when you add a noise source, the combined noise decibels increase. Adding two sources at different levels can be expressed graphically as: ,, 2:£ 1,5 0,5 - d ..........................�, e n g i ne Brim-tooIbrax:'--OM 0 1: 2 3 4 5 6 7 a 9 7 Difference between o Levels (dB) The following is the proper way to express adding sound power from sources with different sound powers: Lwt = IOlog((Ni +N2... +Nn)lNo) (3) I.E., when you add a noise source, the combined noise decibels increase. Adding two sources at different levels can be expressed graphically as: Appeal of MASTER CASE CP -882„ CONDITIONAL USE PERMIT Reject Application for Verizon to construct Cell Tower and Utility Shed Facilities No "Significant Gaps" In Coverage • Coverage Map was not provided by Verizon, only a comment, by the representative saying the service was poor in this area. • "insignificant gaps" The example below shows the towers already in Baldwin Park and they are close and there are several cell towers within the city already. 7 Appeal of MASTER CASE CP -882„ CONDITIONAL USE PERMIT Reject Application for Verizon to construct Cell Tower and Utility Shed Facilities Case Law Upholding Insignificant Gaps Sprint PCS Assets, LLC v. City of Palos Verdes Estates US Court of Appeals, Ninth Circuit upheld denial of Cell Tower application. • Court ruled that the City's decision was "authorized by local law" and supported by The California Constitution • Sprint PCS did not show a significant gap in coverage • City's consideration of aesthetics in denying Sprint's permit applications "comports with PUC § 7901" Link to view case: http://cdn.ca9.uscourts.gov/datastore/opinions/2009/10/13/05- Los Angeles Times article about this case: http://articles.laties.com/2009/oct/26/local/me-ugly-telecoms26 Sprint Spectrum v. Town of Ontario Planning Board US Court of Appeals, Second Circuit upheld denial of Sprint's application Court ruled that holes or dead spots are "insignificant gaps" If area is sufficiently serviced by a wireless provider, state and local governments may deny a carrier trying to extend its "coverage" without violating subsection B(i)(II) Insignificant Gap Solutions Verizon Microcell Option Available as Solution The 3G Microcell option is available for customers in the 91354 zip code if you'd like to boost signal coverage. Appeal of MASTER CASE CP -882„ CONDITIONAL USE PERMIT Reject Application for Verizon to construct Cell Tower and Utility Shed Facilities Appeal of MASTER CASE 13-110, CONDITIONAL USE PERMIT 13-009 Reject Application for AT&T to construct Cell Tower and Utility Shed Facilities Property Values Negatively Affected The Appraisal Institute Standard • The Appraisal Institute is the largest, global, professional membership organizations for appraisers with 91 chapters throughout the world. • Appraisal professionals use The Appraisal Institute as a standard for professional education and guidance on matters such as depreciated home values resulting from cell towers. • The Appraisal Institute has spotlighted the issue of cell towers causing lower fair market values for homes. • Based on definitive research and analysis by Sandy G. Bond, Ph.D. (25 yrs Valuation experience in USA, UK, Australia), cell towers cause a decrease in home value. • Home values may decrease up to 20% or more depending on the proximity to the cell tower and facilities. Cell Towers as External Obsolescence ❑ External Obsolescence defined by The Dictionary of Real Estate Appraisal Fourth Edition: o "An element of depreciation; a defect, usually incurable, caused by negative influences outside a site and generally incurable on the part of the owner, landlord, or tenant." Appeal of MASTER CASE CP -882„ CONDITIONAL USE PERMIT Reject Application for Verizon to construct Cell Tower and Utility Shed Facilities *** See Attached Case Studies regarding the Negative Effect on Home Values *** FCC's Wireless 911 Emergency Coverage Rules The FCC's Wireless 911 Rules require all wireless service providers to transmit all 911 calls to Public Safety Answering Points (PSAP), regardless of whether the caller subscribes to the provider's service or not. The FCC Wireless 911 Rules required wireless service providers to be in compliance in 2011 As a result of these rules, Emergency Responders will not be negatively affected by the absence of AT&T's proposed cell tower Li Source: http://www.fcc.gov/guides/wireless-91 1 -services Appeal of MASTER CASE 13-110, CONDITIONAL USE PERMIT 13-009 Reject Application for AT&T to construct Cell Tower and Utility Shed Facilities = The installation of the tower poses health, risks and devaluation of real estate, and the residents already have adequate cell phone/wireless data coverage in the area. The residents. 11 11 jp�vl I U-11110II;•�17 r,Fe ��Xvj_ reasoTs: 1. Potential health risks to adults and pets — Cell phone towers emit low-level nicr 2. The devaluation of real estate. Studies have shown that cell towers negatively affect the real estate values of the homes surrounding 3. Residents already have adequate cell phone and wireless data coverage in the area. Verizon's website's coverage map shows complete coverage in this area, with no gaps, There is not a real enough "need" to warrant putting the residents in this area at risk for health problems or a decrease in their property values. gp ;9 q Iq ,7 (' I " 1'__� e � (, C( 11 ('4, k", ..�, sa :.-.. ATTACHMENT #3 • • �' 4, I 11,11jillil•11 • •i CASE NUMBER: CP -882 DATE: November 6, 2019 2� VAI.�EY" '��'9TFD JANVP'� JUSTIFICATION STATEMENT (ALTERNATIVE SITE ANALYSIS) PROJECT DESCRIPTION and JUSTIFICATION VERIZON - Chevalier General Location of Big Dalton Avenue and Sierra Way Property Owned by Valley County Water District APN: 8460-001-900 and 901 REQUEST: Construction of an unmanned telecommunication facility for Verizon. The proposed antennas and equipment will be installed on a new Verizon 52' freestanding facility and designed to look like a eucalyptus tree (mono -eucalyptus); two equipment cabinets, and a stand by back generator with a 22' x 22' leased area enclosed by CMU wall. PROJECT OBJECTIVES: There are several reasons why a wireless carrier requires the installation of a cell site within a specified area to close a "significant gap in coverage:" The radio signal must be of sufficient strength to achieve consistent, sustainable, and reliable service to customers at a level sufficient for outdoor, in -vehicle, and in -building penetration with good voice quality (Threshold,-76db). When nearby other sites become overloaded, and more enhanced voice and data services are used (3G and other high-speed data services) signal contracts and a gap is created. With heavy use it is intensified due to the unique properties of digital radio transmissions. In this specific case, this location was selected because Verizon's radio-frequency engineers (RF) have identified a significant gap in coverage in the vicinity of North of Merced Ave and I-10 and south of Central Ave and Downing Ave as demonstrated on the enclosed radio -signal propagation maps. SCOPE OF WORK: Installation of: • Twelve (12) 8' panel antennas and One (1) 4' Microwave Dish Antenna • Eighteen (18) RRU's • Three (3) hybrid fiber cables with Raycap surge protectors • Installation a 52' high faux eucalyptus tree structure support • Installation of (2) Radio Equipment Cabinets within leased area enclosed by CMU wall. • Installation of a 15 Kw generator/54 gallon diesel backup generator mounted on a concrete pad. EXISTING CONDITIONS: The proposed improvements will be located on an approximate one of two parcels of property owned by the Valley County Water District. It is bordered by single family housing on three sides, and a drainage channel on the remaining side. Access is provided via Big Dalton Avenue. The present use of the property is to house in in -active water well and other equipment owned by the Valley County Water District. ZONING: RI (single family zoning) ENVIRONMENTAL: The proposed use is unmanned, and will not: generate additional traffic trips, increase noise levels in the vicinity or generate waste. It is exempted from CEQA pursuant to Code Article 19 Section 15303 (Class 3). JUSTIFICATION: The search ring for this particular cell site was constrained due it its location being in an area that predominately has single family housing. Given the existing use of the property as a utility, this site appears to be the most likely candidate available in the area that can accommodate the proposed use. Site Selection and Requirements: There are several factors that go into selecting a new wireless location: radio frequency (RF) coverage needs based on height and distance from existing wireless facilities, landlord cooperation, city or county zoning restrictions; and property constraints to name a few. The initial search for a suitable location was focused at the intersection of Pacific Ave and Puente Ave. Properties at this intersection are zoned Mixed Use 2. See map below. However, a viable candidate cannot be located and the search was expanded to include Residential Garden and Single Family zoned properties of the immediate surrounding area. Alternative Site Analysis The following locations were evaluated and the reasons why they were not selected for this project are addressed: A. 14855 Pacific Ave., Baldwin Park, CA: True Jesus Church; property is located in Mixed Use 2 zone. City will not approve a WTF at this location due to the non -conforming use of the church. City does not allow the expansion of a non -conforming use. B. 14952 Pacific Ave. Baldwin Park, CA: Pilipino Community Church; property is located in Single Family Residential Zone. City will not approve a WTF at this location due to the non -conforming use of the church. City does not allow the expansion of a non- conforming use. C. 14579 Pacific Ave., Baldwin Park, CA: Apostolic Church; property is located in Single Family Residential Zone. Verizon was unable to obtain landlord interest. D. 14914 Pacific Ave., Baldwin Park, CA: Hi Ho Market; property is located in Mixed Use 2 zone. Property owner is not interested. E. 3715 Puente Ave., Baldwin Park, CA: Property is located within Mixed Use 2 zone. Building was being renovated for sale, we were unable to obtain any interest from the property owner. F. 3706 Puente Ave., Baldwin Park, CA: Property is located within Mixed Use 2 zone. Property owner leases this property out as a car wash. Would need to obtain consent from Tenants. Additionally, there is limited parking space as the property is very busy on the weekends. Owner does not want to lose any parking. Rooftop design will not work for RF height objective. G. 3665 Puente Ave., Baldwin Park, CA: Service Station; property is located within Mixed Use 2 zone. Limited ground space on this parcel, unable to obtain property owner interest. H. 3803 Dundry Ave., Baldwin Park, CA: Community Baptist Church; property is located within Single Family Residential Zone. Verizon was unable to obtain landlord interest for proposed freestanding facility. I. 14900 Central Ave., Baldwin Park, CA: Indonesian. Good News Church; property is located within Single Family Residential Zone. It is surround by residential properties and in close proximity to the Central Elementary School, Pastor had expressed concerns over emission safety. J. 3705 Puente Ave., Baldwin Park, CA: 7-11 is non-responsive; property is located within Mixed Use 2 zone. K. 15010 Badillo St., Baldwin Park, CA: SBA mono -broadleaf tree eoloeation; the property is located within High Density Residential Zone. This is the only potential eoloeation opportunity in the vicinity however it is also the farthest location to the initial search ring. There is no ground space for Verizon equipment and generator. L. 3541 Puente Ave., Baldwin Park, CA: Victoria Care is non-responsive. Property is located within Single Family Residential Zone. Proposed Design The proposed site is a +/- flag shaped lot comprised of 2 separate parcel owned by Valley County Water District within RI single family residential zone. The site holds a small equipment buildings and an inactive well. Valley County Water District requested that the tower and associated equipment to be placed at the rear portion of the property to allow efficient use of the property. The proposed design is a 52' mono -eucalypts within CMU wall enclosure. The enclosure is set back 20' from both the rear and east property line. The adjacent properties on both sides are a 2 story residential complex and one story single family homes. The property abuts a drainage channel and county access at the back. Proposed antennas at 42' centerline provided clear sight line to meet the RF objective to clear both existing 2 story homes and utility poles. Findings/Burden of Proof The site for the proposed use is technologically necessary. The determination of services deficiency in this area is based on modeled propagation maps customer feedback and complaints and drive data. Current traffic data from existing neighboring Verizon sites, (site names: Carvette, Bellbrook and Leland Relo) do not provide adequate coverage in the areas. The proposed site is strategically placed and will extend voice and data coverage to neighborhood. Currently, the existing Verizon facilities near the proposed site are experiencing data processing capacity stresses and degradation due to existing customer demands. Letter from Radio Frequency engineer and propagation map are provided to illustrate the importance of the proposed site to improve the coverage in the area. Installation of the proposed site is necessary to avoid breaching system capacity limits in the area. The proposed height is designed at the minimum height necessary. The proposed site is located within R-1 single family residential zone, a telecommunication facility within a residential zone is limited to 30' in height. The proposed 8' tall antennas will be installed at 42' above the ground level which will maintain 38' from ground to the bottom of the antennas. The surrounding neighborhood are mostly 2 story single family homes with development height limit at 27'. To achieve the RF objective at this location, the minimum height required will be at 42' antenna center. The letter from RF engineer explained the justification of the height requirement. Other properties within the search ring was researched for the propose of wireless telecommunication facility siting, however the current proposed location is the only viable site. The proposed site will be obstructed and interfered with if is in conformance with the specification of Subchapter 153.180 Wireless Communication Facilities. The initial search for a suitable location was focused at the intersection of Pacific Ave and Puente Ave. Properties at this intersection are zoned Mixed Use 2. However, a viable candidate cannot be located and the search was expanded to include Residential Garden and Single Family zoned properties of the immediate surrounding area. Subchapter 153.180 prohibits Wireless Telecommunication Facilities to be located within residential and mixed use zones without an exception granted. Furthermore, the height of the facility is limited to 30'. The minimum antenna center of 42' is required to resolve coverage deficiencies and improve network reliability. The proposed use will not have an adverse visual effect. The proposed site will operate in full compliance with local, state and federal regulations for operation of wireless telecommunications facilities. The proposed antenna support structure will be fully "stealthed", utilizing a mono -eucalyptus design. The associated equipment will be placed inside 6' high CMU wall enclosure. No adverse impact to the character of the existing neighborhood would occur due to the construction of this wireless facility. The use will not emit any fumes, smoke or odor that could be considered objectionable. The proposed use is unmanned, only requires periodic maintenance and will not generate additional traffic trips, increase noise levels in the vicinity or generate waste. The proposed use conforms to the spirit and intent of Zoning Code 153.180 Wireless Communications Facilities. The project is in conformance with the City's Wireless development standard. The antennas are camouflaged by the faux eucalyptus branches and foliage. The equipment lease area shall be fully enclosed by 6' high CMU wall to prelude access by the public and to visually screen the equipment. The subject facility to be constructed and operated in full compliance with all applicable laws, regulations and standards of all local, state and federal government agencies. The project's location, size, height, operations and other significant features will not adversely affect or further degrade adjacent properties, the surrounding neighborhood or the public health, welfare and safety. The proposed use is consistent with the City's General Plan. The General Plan is the City's roadmap for future growth and development. The General Plan elements establish goals, polices, purposes and programs that provide for the regulatory environment in managing the City and for addressing environmental concerns and problems. The overall goal of the General plan promotes an arrangement of land uses, circulation and services to encourage and contribute to the economic, social, physical health, safety, welfare and convenience of the people who live and work in the City of Baldwin Park, and guide the development of the community to meet existing and projected needs and conditions. The proposed wireless telecommunication facility would increase and improve wireless capacity for customers who work from home and live in the vicinity and would therefore be consistent with implementation to stimulate economic growth and development. Approval of the proposed wireless facility advances policies to maintain quick and accessible service for reporting of fires and other general emergencies by the general public. The proposed use will not be materially detrimental to the public welfare or injurious to the properties or improvements in the vicinity. Wireless telecommunications systems have proven to be invaluable tools in business communications and for personal use. 90% of US households use wireless services. With this increase demand from users at home and those who work from home comes the need for more facilities to meet the customer needs. 76% of 911 calls originate from a cell phone ('National Highway Traffic administration, February, 2016). The consumer demand is rapidly growing and data usage has more than doubled since the iphone and ipad were released. In the United States, mobile data traffic will grow 7 -fold from 2014 to 2019, a compound annual growth rate of 47% (Cisco VNI Mobile Forecast Highlights, 2014-2019, October 2015). With the increase in usage of wireless devices by people of all ages in our everyday lives such as cell phones, FDA's, wireless notebooks, smart televisions, video streaming and wireless home entertainment systems such as Verizon FIGS, AT&T and Apple TV, the demand increases exponentially which in turn means coverage and service areas are becoming smaller and smaller due to the higher demand and use. It is critical to public health and safety that in the case of an emergency such as a fire or an earthquake that the City has a reliable wireless network. Approval of the Wireless Telecommunication facility will incrementally strength the City's communication system which is desirable in the interest of public convenience and welfare. The proposed project will provide a beneficial service to the residents and businesses in surrounding community. Wireless telecommunication facilities must operate in full compliance with all State and Federal regulations including the Telecommunication Act of 1996. The equipment is proposed to operate within the standard established by federal regulation for safe continuous exposure to radio frequency emissions to the public and with low-power transmitters designed to minimize signal interference. GENERAL INFORMATION Site Selection Customer demand drives the need for new cell sites. Data relating to incomplete and dropped calls is gathered, drive -tests are conducted, and scientific modeling using sophisticated software is evaluated. Once the area requiring a new site is identified, a target ring on a map is provided to a real estate professional to begin a search for a suitable location. During an initial reconnaissance, properties for consideration for the installation of a cell site must be located in the general vicinity of the ring, with an appropriate zoning designation, and appear to have enough space to accommodate an antenna structure and the supporting radio equipment. The size of this space will vary depending on the objective of the site. The owners of each prospective location are notified to assess their interest in partnering with Verizon. Four key elements are considered in the selection process: • Leasing: The property must have an owner who is willing to enter into a long-term lease agreement under very specific terms and conditions. • Zoning: It must be suitably zoned in accordance with local land -use codes to allow for a successful permitting process. • Construction: Construction constraints and costs must be reasonable from a business perspective, and the proposed project must be capable of being constructed in accordance with local building codes and safety standards. • RF: It must be strategically located to be able to achieve the RF engineer's objective to close the significant gap with antennas at a height to clear nearby obstructions. The Benefits to the Community Approximately 90 -percent of American adults subscribe to cell phone service. People of all ages rely increasingly on their cell phones to talk, text, send media, and search the Internet for both personal and business reasons. More and more, they are doing these things in their homes, therefore, becoming reliant on adequate service within residential neighborhoods. In fact, 50 -percent of people relocating are not signing up for landline service at their new location and are using their cell phone as their primary communication method. The installation and operation of the proposed facility will offer improved: • Communications for local, state, and federal emergency services providers, such as police, fire, paramedics, and other first -responders. • Personal safety and security for community members in an emergency, or when there is an urgent need to reach family members or friends. Safety is the primary reason parents provide cell phones to their children. Currently 25% of all preteens, ages 9 to 1.2, and 75% of all teens, aged 1.3 to 1.9, have cell phones. • Capability of local businesses to better serve their customers. • Opportunity for a city or county to attract businesses to their community for greater economic development. • Enhanced 911 Services (E911) — The FCC mandates that all cell sites have location capability. Effective site geometry within the overall network is needed to achieve accurate location information for mobile users through triangulation with active cell sites. (Over half of all 911 calls are made using mobile phones.) Safety — RF is Radio The FCC regulates RF emissions to ensure public safety. Standards have been set based on peer-reviewed scientific studies and recommendations from a variety of oversight organizations, including the National Council on Radiation Protection and Measurements (NCRP), American National Standards Institute (ANSI), Institute of Electrical and Electronics Engineers (IEEE), Environmental Protection Agency (EPA), Federal Drug Administration (FDA), Occupational Safety and Health Administration (OSHA), and National Institute for Occupational Safety and Health (NIOSH). Although the purview of the public safety of RF emissions by the FCC was established by the Telecommunications Act of 1996, these standards remain under constant scrutiny. All Verizon cell sites operate well below these standards, and the typical urban cell site operates hundreds or even thousands of times below the FCC's limits for safe exposure. Verizon Company Information Verizon is one of the fastest growing nationwide service providers offering all digital voice, messaging and high-speed data services to nearly 30 million customers in the United States. Verizon is a "telephone corporation", licensed by the Federal Communications Commission (FCC) to operate in the 1950.2-1964.8, 1965.2-1969.8 MHz and 1870.2-1884.8-1889.8 MHz frequencies, and a state- regulated Public Utility subject to the California Public Utilities Commission (CPUC). The CPUC has established that the term "telephone corporation" can be extended to wireless carriers, even though they transmit signals without the use of telephone lines. Verizon will operate this facility in full compliance with the regulations and licensing requirements of the FCC, Federal Aviation Administration (FAA) and the CPUC, as governed by the Telecommunications Act of 1996, and other applicable laws. rg=�♦ , ♦ ' _J Overview Map Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or verizon' distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. IF 11pil IIIII ir 74" Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or verizonN/ distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. RSRP 70OMHz - Existing and Chevalier Coverage Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or verizonv distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 'KSRP 70OMHz — Chevalier Only Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or verizonv distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. Noise Compliance Report Chevalier Verizon Wireless 3615 % Big Dalton, Baldwin Park, CA 91706 Prepared for: Reliant Land Services APN: 8460-001-901 Baldwin Park, CA 91706 Prepared by: TCA 5621 Florinda Avenue, Arcadia, CA 91006 October 1, 2019 TCA October 1, 2019 Reliant Land Services 1745 W. Orangewood Avenue, Suite 103 Orange, CA 92868 RE: Noise Compliance Report for Verizon Wireless Telecommunications Equipment at the Chevalier Site (APN: 8460-001-901, Baldwin Park, CA 91706) TCA has developed this Noise Compliance Report to evaluate whether the proposed telecommunications equipment and standby generator at the Chevalier project site (APN: 8460- 001-901, Baldwin Park, CA 91706) would result in exceedances of the noise limits established within Section 130.34 of the City of Baldwin Park's Municipal Code. This Noise Compliance Report has concluded that noise from the project site would not result in an exceedance of the noise level limits established under the Municipal Code for day-to-day activities and under power outage conditions when a generator would need to be used to maintain wireless communications. We appreciate the opportunity to provide this Noise Compliance Report. Please let me know if there are any questions related to this report. Sincerely, Tin Cheung Principal Noise Compliance Report TCA iIIIIIIIIIIIIII71=4 •R=* The project involves development of the Volador project site with telecommunications equipment. This site is located at APN: 8460-001-901, Baldwin Park, CA 91706. Noise compliance is assessed based on noise emissions being below the noise limits established in the City of Baldwin Park's Municipal Code. 2. Project Description The project site is located at APN 8460-001-901 (meter address 3615 '/2 Big Dalton), Baldwin Park California. The project involves the installation of the following components: • 6' CMU equipment enclosure/lease area • 2 equipment cabinets • 1 15 kilowatt 54 gallon diesel stand-by generator • 1 wireless GPS • Wireless ILC & TELCO cabinet • 12 8' tall panel antennas • 18 Remote Radio Units (RRUS) • 3 wireless raycaps • 1 4' microwave antenna • 1 52' mono -eucalyptus 3. Environmental Setting Noise Setting Noise is most often defined as unwanted sound. Although sound can be easily measured, the perception of noise and the physical response to sound complicate the analysis of its impact on people. People judge the relative magnitude of sound sensation in subjective terms such as "noisiness" or "loudness." Terminology and Noise Descriptors The following are brief definitions of terminology used in this chapter: • Noise. Sound that is loud, unpleasant, unexpected, or otherwise undesirable. • Decibel (dB). A measure of sound on a logarithmic scale. • A -Weighted Decibel (dBA). An overall frequency -weighted sound level in decibels that approximates the frequency response of the human ear. • Equivalent Continuous Noise Level (Leq). The mean of the noise level averaged over the measurement period, regarded as an average level. Characteristics of Sound When an object vibrates, it radiates part of its energy as acoustical pressure in the form of a sound wave. Sound can be described in terms of amplitude (loudness), frequency (pitch), or duration (time). The human hearing system is not equally sensitive to sound at all frequencies. Therefore, to approximate this human, frequency -dependent response, the A -weighted filter system is used to adjust measured sound levels. The normal range of human hearing extends from approximately 0 dBA to 140 dBA. Verizon Wireless Noise Assessment Report Page 1 TCA Unlike linear units such as inches or pounds, decibels are measured on a logarithmic scale, representing points on a sharply rising curve. Because of the physical characteristics of noise transmission and noise perception, the relative loudness of sound does not closely match the actual amounts of sound energy. Table 1, Change in Sound Pressure Level, presents the subjective effect of changes in sound pressure levels. Table 1 Change in Sound Pressure Level Change in Apparent Loudness ± 3 dB Threshold of human perceptibility ± 5 dB Clearly noticeable change in noise level ± 10 dB Half or twice as loud ± 20 dB Much quieter or louder Source: Bies and Hansen 2003. Sound is generated from a source and dissipates exponentially with distance from that source. This phenomenon is known as "spreading loss." As such, noise levels attenuate with increasing distance. A standard rule of thumb is that noise levels from point sources would be reduced by 6 dB per doubling of distance. Psychological and Physiological Effects of Noise Exposure to high noise levels affects the entire biological system, with prolonged noise exposure in excess of 75 dBA increasing body tensions, thereby affecting blood pressure and functions of the heart and nervous system. Physical damage to human hearing begins at prolonged exposure to noise levels higher than 85 dBA. Extended periods of noise exposure above 90 dBA results in permanent cell damage. When the noise level reaches 120 dBA, a tickling sensation occurs in the human ear even with short-term exposure. This level of noise is called the threshold of feeling. As the sound reaches 140 dBA, the tickling sensation is replaced by the feeling of pain in the ear, called the threshold of pain. A sound level of 160 to 165 dBA will result in dizziness or loss of equilibrium. The ambient or background noise problem is widespread and generally more concentrated in urban areas than in outlying, less developed areas. Table 2 shows Typical Noise Levels from Noise Sources. 4. Physical Setting and Existing Land Uses These project components will be installed at a water well facility owned by the Valley County Water District. Figure 1 depicts the location of the proposed equipment area where the standby power generator and telecommunications equipment would be located relative to the nearest noise sensitive residential uses. The nearest offsite noise sensitive residential use is located to the northeast of the project lease area approximately 20 feet away. There are also other residential uses located to the southwest approximately 50 feet away, southeast 180 feet away, and to the northwest approximately 125 feet away. Verizon Wireless Noise Assessment Report Page 2 TCA Table 2 Typical Noise Levels from Noise Sources Common Outdoor Activities Noise Level (dBA) Common Indoor Activities 110 Rock Band Jet Flyover at 1,000 feet 100 Gas Lawn Mower at three feet 90 Diesel Truck at 50 feet, at 50 mph Food Blender at three feet 80 Garbage Disposal at three feet Noisy Urban Area, Daytime 70 Vacuum Cleaner at ten feet Commercial Area Normal Speech at three feet Heavy Traffic at 300 feet 60 Large Business Office Quiet Urban Daytime 50 Dishwasher Next Room Quiet Urban Nighttime 40 Theater, Large Conference Room (background) Quiet Suburban Nighttime 30 Library Quiet Rural Nighttime Bedroom at Night, Concert Hall (background) 20 Broadcast/Recording Studio 10 Lowest Threshold of Human Hearing 0 Lowest Threshold of Human Hearing Source: California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, Table 9- 2136.2, October 1998. Verizon Wireless Noise Assessment Report Page 3 TCA 5. Regulatory Framework The City of Baldwin Park's Municipal Code establishes permissible noise levels from a variety of noise sources. Regulated noise emissions include those from construction activity, machinery/devices, wireless, televisions, amplified sound and other sources. Noise level limits have been established in Chapter 130 — General Offenses of the City's Municipal Code. The City also has established noise limits for land uses with the Municipal Code. These noise limits are modified based on the nature of the noise source and the time of occurrence. The noise limits apply to the nearby land uses that may be affected by noise generated by the Project. § 130.30 POLICY DECLARATION. It is declared to be the policy of the city to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. At certain levels, noises are detrimental to the health and welfare of the citizenry and, in the public interest, such noise levels shall be systematically proscribed. § 130.34 AMBIENT BASE NOISE LEVELS. (A) It is unlawful for any person within the city to make, cause or allow to be produced noise which is received on property occupied by another person within the designated zone, in excess of the following levels, except as expressly provided otherwise herein: Table 3 Ambient Base Noise Levels Day Night 7:00 a.m. -10:00 p.m. 10:00 p.m. - 7:00 a.m. ngle family residential zone (R-1) 1 55 dBA 1 45 dBA Residential garden (RG) and high-density multiple -family 60 dBA 55 dBA residential zone (R-3) mmercial Industrial 65 dBA 1 60 dBA 70 dBA 1 70 dBA Source: Section 130.34 — Ambient Base Noise Levels, City of Baldwin Park Municipal Code. § 130.37 SPECIAL NOISE SOURCES. (1) Machinery, equipment, fans and air conditioning. It is unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device (between the hour of 10:00 p.m. of one day and 7:00 a.m. of the following day), use of which is attended by loud or unusual noises. (J) Exceptions. There are exempted from this chapter the following: (2) Emergency work as defined in § 130.31; (6) Emergency energy release devices; § 130.31 DEFINITIONS. EMERGENCY WORK. Work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work by private or public utilities when restoring utility service. Verizon Wireless Noise Assessment Report Page 4 Source: GoogleEarth Figure 1 Telecommunications Equipment and Standby Generator Location N Verizon Wireless Noise Assessment Report Page 5 TCA 6. Project Impacts Project related noise emissions are associated with the Remote Radio Units (RRUS) and radio cabinet and standby power generator. The operation of the RRUs and radio cabinets and will be continuous while the standby power generator will only result in noise as a result of a failure in the power grid. Typical day-to-day noise emissions associated with the equipment are from the radio cabinets. The manufacturer's data on this cabinet states that "Cabinets, equipped with telecommunications equipment and associated cooling fans, shall suppress acoustical noise to a level of less than 65 dBA Leq at a distance of 1.5 m (5 ft.) from the cabinet with the doors closed during times of maximum noise generation within the cabinet."' It is anticipated that the RRU-4449 would be used at the project site. Manufacturer specifications state that a single RRU would generate 36 dBA Leq at 2 meters. Table 4 lists the noise levels from the radio cabinets at the nearest residential land uses located proximate to the project site. As listed in Table 4, the typical day-to-day noise generated by the radio cabinets and RRUs would be below both the day and night time limits identified under Section 130.34 of the Municipal Code for all identified uses. Consequently, typical day-to-day activities would be in compliance with the noise limits established by the City. During infrequent instances of power failure, noise would be generated by the proposed diesel generator. Noise produced by a standby generator during a power failure is specifically exempted from the noise limits based on Part J of Municipal Code Section §130.37 SPECIAL NOISE SOURCES for emergency work as well as emergency energy release devices. Maintenance and testing of the standby generator is anticipated to be infrequent and would occur consistent with Municipal Code Section 137.1 (1) which prohibits the operation of any machinery to between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day. Table 4 Exterior Noise Exposure Land Use Source Receptor Distance ft. Project Noise Level (dBA) Exterior Noise Limit dBA Day/Night) Exceeds? Residences — Northeast 23 44 55/45 No Residences - Southeast 190 29 55/45 No Residences - Southwest 65 39 55/45 No Residences - Northwest 130 30 55/45 No 7. Results and Conclusions Noise from the project site would not result in an exceedance of the noise level limits established under the Municipal Code (Municipal Code Section 130.34) for day-to-day activities as well as under emergency conditions when the generator is needed for a power outage. Noise generated during the performance of emergency work related to a power grid failure would likewise comply with the City's Municipal Code based on the exemption from the noise limits provided within Municipal Code Section 130.37. NTS. Acoustical Noise Suppression Data Log Sheet Sound Pressure Measurement Summary, July 21, 2010. Verizon Wireless Noise Assessment Report Page 6 TCA w01703-7r9=- Verizon 9 _ Verizon Wireless Noise Assessment Report Page 7 Project Related Noise Exposure for Offsite Uses Source Electronic Cabinets RRU 4449 Source Level (dBA) 68 49 Reference Distance (ft) 5 7 Frequency (Hz) 500 500 Speed of Sound (f/s) 1128 1128 Wavelength (ft) 2.256 2.256 Single Barrier - Noise Level Reductions for Electronic Cabinets Single Barrier - Noise Level Reductions for RRU 4449 Receptor Distance (ft) Source Source Source to Barrier 1 Barrier 1 Barrier 1 to Receiver Receiver Distance Barrier Total Receptor Distance (ft) Height Elevation Barrier 1 Height Elevation Receiver Height Elevation Reduction Reduction (dBA) Residences—Northeast 23 4 0 2 6 0 22 5 0 13.3 12.6 42 Residences -Southeast 190 4 0 9 6 0 181 5 0 31.6 7.8 29 Residences - Southwest 65 4 0 16 6 0 49 5 0 22.3 6.8 39 Residences - Northwest 130 4 0 5 6 0 125 5 0 28.3 9.2 30 Single Barrier - Noise Level Reductions for RRU 4449 Receptor Distance (ft) Source Height Source Elevation Source to Barrier 1 Barrier 1 Height Barrier 1 Elevation Barrier 1 to Receiver Receiver Height Receiver Elevation Distance Reduction Barrier Reduction Total (dBA) Residences—Northeast 23 4 0 0 0 0 23 5 0 10.3 0.0 38 Residences -Southeast 190 4 0 0 6 0 190 5 0 28.7 0.0 20 65 4 0 0 6 0 65 5 0 19.4 0.0 29 F:iden:s-Southwest idens-Northwest 130 4 0 0 8 0 130 5 0 25.4 0.0 23 Combined Noise Levels Total dBA Leq Interior Noise Levels Exterior Noise Levels Residences—Northeast 24 44 Residences -Southeast 9 29 Residences -Southwest 19 39 Residences - Northwest 11 31 CHAPTER 130: GENERAL OFFENSES xx Print_: Baldwin Park Code of Ordinances Ne-MAPPINt "M http://library.ai,nlegal.com/alpscripts/get-content.aspx It is declared to be the policy of the city to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. At certain levels, noises are detrimental to the health and welfare of the citizenry and, in the public interest, such noise levels shall be systematically proscribed. (Ord. 1114, passed 5-1-96) AFRT11UN 1 For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AMBIENT NOISE. The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, AMBIENT NOISE LEVEL is the level obtained when the noise level is averaged over a period of 15 minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made. A -WEIGHTED SOUND PRESSURE LEVEL. The sound pressure level as measured with a sound meter using the "A" -weighting network. The standard notation is dBA. COMMERCIAL PURPOSE. Includes the use, operation or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition or event, for the purpose of demonstrating any such sound equipment. COMMERCIAL ZONE. An area designated as neighborhood commercial (C-1), central business district (CBD), general commercial (C-2), or freeway commercial (FC) on the city zoning map. CYCLICALLY VARYING NOISE. Steady or non -steady noise which varies in amplitude such that the same sound pressure level is obtained repetitively at reasonably uniform intervals of time. A beat is one class of noise. DAY. The time period from 7:00 a.m. of one day to 10:00 p.m. of the same day. DECIBEL (dB). A unit for expressing the ratio between two quantities of acoustical signal powers; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio. EMERGENCY WORK. Work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work by private or public utilities when restoring utility service. 1 of 9 10/1/2019, 9:24 PM CHAPTER 130: GENERAL OFFENSES xx http://library.ai,nlegal.com/alpscripts/get-content.aspx IMPULSIVE SOUND. A short -duration sound (such as might be produced by the impact of a drop hammer or a pile driver) with one second or less duration. INDUSTRIAL ZONE. An area designated as commercial manufacturing (CM), office industrial (OI), industrial commercial (IC) or industrial (I) on the city zoning map. MOTOR VEHICLES. Includes, but is not limited to, automobiles, trucks, motorcycles, mini bikes and go-carts. NIGHT. The time period from 10:00 p.m. of one day to 7:00 a.m. of the following day. NONCOMMERCIAL PURPOSE. The use, operation or maintenance of any sound equipment for other than a commercial use. NONCOMMERCIAL PURPOSE means and includes, but is not limited to, philanthropic, political, patriotic and charitable purposes. PERSON. A person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature, excluding the city. PROPERTY BOUNDARY LINE. An imaginary line at the ground surface, which separates the real property owned by one person from that owned by another person and its vertical extension. This includes multiple -family dwelling units, with the property boundary being the wall separating the adjoining dwelling units. PURE TONE. A sound wave whose instantaneous sound pressure varies essentially as a simple sinusoidal function of time. RESIDENTIAL ZONE. An area designated as single family residential zone (R -I), residential garden (RG), or high-density multiple -family residential zone (R-3) on the city zoning map. SOUND. The sensation perceived by the sense of hearing. For the purpose of this chapter, the terms sound and noise shall be used synonymously. SOUND AMPLIFYING EQUIPMENT. Any device or equipment which amplifies the volume of any sound. SOUND LEVEL (NOISE LEVEL). Expressed in decibels (dB) is the sound measured with the "A" - weight scale and with slow response by a sound level meter. SOUND LEVEL METER. An instrument including a microphone, an amplifier, an output meter, and "A" frequency weighting networks for the measurement of sound levels, which satisfies the pertinent requirements in American Standard Specifications for Sound Level Meters SL4-1971 or the most recent revision thereof. SOUND PRESSURE LEVEL. Twenty times the logarithm to the base ten of the ratio of the root - mean -square sound pressure to the reference pressure, which is 20 micronewtons per square meter. SOUND TRUCK. Any motor vehicle or any other vehicle, regardless of motive power, whether in motion or stationary, which carries, is equipped with or which has mounted thereon, or attached thereto, any sound amplifying equipment for commercial, political or charitable purposes. STEADYNOISE. Noise for which the sound pressure level remains essentially constant during the period of observation. It does not vary more than six dBA when measured with the slow meter characteristic of a sound level meter. (Ord. 1114, passed 5-1-96; Am. Ord. 1388, passed 9-21-16) 2 of 9 10/1/2019, 9:24 PM CHAPTER 130: GENERAL OFFENSES xx http://library.ainlegal.com/alpscripts/get-content.aspx § 130.32 SOUND LEVEL MEASUREMENT. Any sound level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the "A" weighting and response as indicated in § 130.31. (Ord. 1114, passed 5-1-96) The following procedures shall be utilized for measuring and evaluating exterior noise in the city unless otherwise specified in this chapter: (A) Noise measurements shall be conducted any time during the day or night when the suspect noise source is in operation. (B) The location selected for noise measurement shall be on the noise receptor's property line at a point approximately ten feet from any building, wall or obstruction (trees, bushes, etc.). (C) No individual other than the operator shall be within ten feet of the sound level meter during the measurement period. (D) The sound level meter shall be calibrated in accordance with the manufacturer's instructions. (E) With the noise source in operation, the operator shall record the instantaneous response at 15 - second intervals or less, for a period of 15 minutes or greater. Or, for a noise source in operation for less than 15 minutes, the operator shall record the instantaneous response at 15 -second intervals or less for the time the noise source is in operation. (F) The suspect noise source shall only be measured for a violation of this subchapter when it is five dBA or greater than another noise source within the measurement vicinity. (G) The corrective factors set forth in § 130.34(B) shall be applied to the noise standard established for the specific noise zone. (H) The suspect noise level shall be compared with the standards in § 130.34(A). If the noise level generated from the suspect noise source exceeds the standard, the suspect noise source shall be considered to be in violation of this chapter. (Ord. 1114, passed 5-1-96) Penalty, see § 10.99 10 1 (A) It is unlawful for any person within the city to make, cause or allow to be produced noise which is received on property occupied by another person within the designated zone, in excess of the following levels, except as expressly provided otherwise herein: STANDARDS Day Night Zone 7:00 a.m. - 10: 00 p. m. 10: 00 p. m. - 7:00 a.m. R -I 55 dBA 45 3 of 9 10/1/2019, 9:24 PM CHAPTER 130: GENERAL OFFENSES xx http://library.ai,nlegal.com/alpscripts/get-content.aspx RG and R-3 60 dBA 55 Commercial 65 dBA 60 Industrial 70 dBA 70 At the boundary line between a residential property and a commercial and manufacturing property, the noise level of the quieter zone shall be used. (B) Corrections to noise limits. The numerical limits given in division (A) of this section shall be adjusted by the following corrections, where appropriate: Noise Condition Cor'r'ection (in dB) 1. Repetitive impulsive noise, pure tones and sound with cyclically varying amplitude. 5 2. Steady whine, screech or hum -5 3. Noise occurring more than 5 but less than 15 minutes per hour. +2 4. Noise occurring more than 1 but less than 5 minutes per hour. +5 5. Noise occurring less than 1 minute per hour. +7 (Ord. 1114, passed 5-1-96; Am. Ord. 1388, passed 9-21-16) Penalty, see § 10.99 r11 Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to wilfully make or continue, or cause to be made and continued, any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to residents of the area. The standards which shall be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:. (A) The level of the noise; (B) Whether the nature of the noise is usual or unusual; (C) The nature and zoning of the area within which the noise emanates; (D) The density of the inhabitation of the area within which the noise emanates; (E) The time of day or night the noise occurs; (F) The duration of the noise; (G) Whether the noise is recurrent, intermittent, or constant; and (H) Whether the origin of the noise is natural or unnatural. (Ord. 1114, passed 5-1-96) Penalty, see § 10.99 ib 1 .1111 i 111 11101ill MMUUM 4 of 9 10/1/2019, 9:24 PM CHAPTER 130: GENERAL OFFENSES xx http://library.ai,nlegal.com/alpscripts/get-content.aspx As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. 1114, passed 5-1-96) Penalty, see § 10.99 (A) Horns and signaling devices. It is unlawful for any person to sound any horn or signaling device on an automobile, motorcycle or other vehicle on any street or public place of the city, except as a danger warning; to create by means of any such signaling device any unreasonably loud or harsh sound; to sound any such device for an unnecessary and unreasonable period of time; to use any signaling device except one operated by hand or electricity; to sound any horn, whistle or other device operated by engine exhaust; and to use any such signaling device when traffic is for any reason held up. (B) Radios, television sets, and similar devices. It is unlawful for any person within an residential zone of the city to us or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound (between the hours of 10:00 p.m. of one day and 7:00 a.m., of the following day) in such a manner as to disturb the peace, quiet and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area. (C) Animals and fowl. No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior, shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in any residential neighborhood. (D) Exhausts. It is unlawful for any person to cause emission into the open air of the exhaust from any motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (E) Construction of buildings and projects. It is unlawful for any person within a residential zone, or within a radius of 500 feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects or to operate any piledriver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device (between the hours of 7:00 p.m. of one day and 7:00 a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained from the Department of Public Works. No permit shall be required to perform emergency work as defined in § 130.31. (F) Hawkers and peddlers. It is unlawful for any person within the city to sell anything by outcry within any area of the city zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events. (G) Drums. It is unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the city. This section shall not apply to any person who is a participant in a school band or duly licensed parade or who has been otherwise duly authorized to engage in such conduct. (H) Schools, churches, libraries, hospitals and convalescent homes. It is unlawful for any person to 5 of 9 10/1/2019, 9:24 PM CHAPTER 130: GENERAL OFFENSES xx http://library.ai,nlegal.com/alpscripts/get-content.aspx create any noise on any city street, sidewalk, or public place adjacent to any school, institution of learning, church or library while the same is in use or adjacent to any hospital or convalescent home, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in such medical facilities, provided conspicuous signs are placed in such streets, sidewalks or public place indicating the presence of these facilities. (I) Machinery, equipment, fans and air conditioning. It is unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device (between the hour of 10:00 p.m. of one day and 7:00 a.m. of the following day), use of which is attended by loud or unusual noises. (J) Exceptions. There are exempted from this chapter the following: (1) Lawfully conducted parades; (2) Emergency work as defined in § 130.31; (3) Aircraft flight operations; (4) Bells, chimes or carillons while being used in conjunction with religious services; (5) Commercial motor vehicle operations; (6) Emergency energy release devices; (7) Speed or endurance events authorized by the city, involving motor or other vehicles; (8) Surface carriers engaged in commerce by railroad, except for horns and whistles operated within city limits; (9) Systems used to warn community of attack or imminent public danger such as flooding or explosion; (10) Any noise or situation within the scope of Sections 231.30 or 23109 of the Vehicle Code of the state. (Ord. 1114, passed 5-1-96); Am. Ord. 1388, passed 9-21-16) Penalty, see § 10.99 § 130.38 VEHICLES. (A) Vehicle repairs. It is unlawful for any person within any residential area of the city to repair, rebuild, or test any motor vehicle (between the hours of 7:00 p.m. of one day and 7:00 a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance. (B) Motor -driven vehicles. It is unlawful for any person to operate any motor -driven vehicle within the city in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance; provided, however, any such vehicle which is operated upon any public highway, street, or right-of-way shall be excluded from the provisions of this section. (Ord. 1114, passed 5-1-96) PPenalty, see § 10.99 6 of 9 10/1/2019, 9:24 PM CHAPTER 130: GENERAL OFFENSES xx http://library.ai,nlegal.com/alpscripts/get-content.aspx No person shall use sound amplifying equipment within the city, except in compliance with the provisions of this subchapter. (Ord. 1114, passed 5-1-96) Penalty, see § 10.99 s1JR111E, 01we7►l 1►I 1 �Ii;Zil /_� 1I_�tJ1 Y ►�/11111 Vii. (A) No person shall use any sound amplifying equipment for the purpose of advertising the sale or lease of any goods, wares, merchandise or services, except: (1) Within an enclosed building in a manner permitted pursuant to § 1.30.42; or (2) If the sound amplifying equipment is affixed to, or mounted in, a motor vehicle; and the goods, wares or merchandise being advertised for sale are available in the vehicle; and the sound being amplified is a sound, other then the human voice, which is customarily utilized in conjunction with the sale, by vehicle, or such goods, wares and merchandise; provided, that the activities may be conducted only between the hours of 10:00 a.m. and 10:00 p.m. of any day. (B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. (Ord. 1114, passed 5-1-96) Penalty, see § 10.99 The use of sound amplification equipment for noncommercial activities shall be permitted, subject to the following: (A) That such use shall be permitted only when the sound amplifying equipment is mounted in or affixed to, a motor vehicle. (B) That such use shall be permitted only between the hours of 10:00 a.m. and 10:00 p.m. of any day. (Ord. 1114, passed 5-1-96) Nothing contained in this subchapter shall be deemed to prohibit the use of sound amplifying equipment, or other similar equipment, by any person at his place of residence, if the use is in compliance with the provisions of § 130.40. (Ord. 1114, passed 5-1-96) § 130.43 FEES FOR USE OF POLICE PERSONNEL AT LOUD OR UNRULY (A) When any loud or unruly assemblage occurs or is held, and the city's police officers are required to respond to the scene in response to citizen complaints and the first responding police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, police action may be taken, criminal penalties may be imposed, and city costs collected as provided in this section. 7 of 9 10/1/2019, 9:24 PM CHAPTER 130: GENERAL OFFENSES xx http://library.ai,nlegal.com/alpscripts/get-content.aspx (B) Upon the first responding police officer's determination that the assemblage constitutes a threat to the public peace, health, safety or general welfare, then that first responding police officer, or his or her successor or designee, shall do the following: (1) Notify the owner of the property and/or the person in charge of the property where the assemblage exists, and/or the person responsible for the assemblage, of the following: (a) Of the circumstances of the assemblage that constitute a threat to public peace, health, safety or general welfare; (b) That if such person or persons fail or are unable to mitigate, and the Police Department is required to respond a second time, the circumstances of the assemblage constituting a threat to the public peace, health, safety or general welfare such that the threat no longer exists, the Police Department shall have the right to enter the property and any structures or premise thereon and order all individuals participating in the assemblage to exit the property and disperse from the area; (c) That such person or persons, or in the case of a minor, the parents and/or guardians of the minor, will be held personally liable for all costs in providing additional police personnel on special security assignment over and above the normal services provided by the Police Department in response to the assemblage, including all costs required to enter the property and disburse individuals participating in the assemblage; (2) If, after a reasonable time following the second notice given according to the provisions of division (B), the supervisor at the scene determines that the circumstances of the assemblage that constitute a threat to public peace, health, safety or general welfare have not been mitigated, or that additional circumstances have arisen which constitute an additional threat to public peace, health, safety or general welfare, that supervisor may direct any subordinate police officer or officers to do the following: (a) To notify the owner of the property and/or the person in charge of the property where the assemblage exists, and/or the person responsible for the assemblage, that the assemblage will be terminated for failure to mitigate the circumstances of the assemblage that constitute a threat to public peace, health, safety or general welfare; (b) To enter the property, and any and all structures and premises thereon, on which the assemblage is occurring and order all individuals participating in the assemblage to exit the property and disperse from the area; (c) To direct, supervise, assist, escort, and manage individuals exiting the property such that their exit proceeds as quickly and safely as is reasonably possible under the circumstances; (d) To order all individuals participating in the assemblage to disperse from the area following their exit from the property, and to direct, supervise, assist, and manage said dispersal from the area such that their dispersal proceeds as quickly and safely as is reasonably possible under the circumstances; (3) If any senior police officer at the scene determines that the assemblage constitutes an imminent threat to the physical safety of individuals or property, the senior police officer shall forgo the provisions for giving notice provided in division (13)(1), and shall immediately take action to prevent the threat pursuant to the provisions of division (13)(2). (C) All police personnel necessarily utilized to control the threat to the public peace, health, safety or general welfare pursuant to division (B) shall be deemed to be on special security assignment over and above the normal services provided and the owner of the property where the assemblage occurs, and/or the person responsible for the assemblage, shall be personally responsible for the cost of the special security assignment according to the following terms: 8 of 9 10/1/2019, 9:24 PM CHAPTER 130: GENERAL OFFENSES xx http://library.ai,nlegal.com/alpscripts/get-content.aspx (1) Any cost of special security assignment levied pursuant to this subdivision shall be determined upon a cost accounting basis by the city, and shall include the cost damage to city property and/or injury to city personnel, all costs relating to police personnel actions to disperse individuals from the assemblage area pursuant to division (13)(2), and any other costs incurred; (2) All costs levied by this subdivision shall be due and payable upon presentation, constitute a valid and subsisting debt in favor of the city, and may be collected by the city by any legal means, including filing a cause of action for collection in any court of competent jurisdiction; (3) Any party aggrieved by a levy of costs pursuant to this section may appeal the matter to the City Council in accordance with the provisions of § 30.04. (D) Any individual who obstructs police actions taken pursuant to division (13)(2) shall be guilty of a misdemeanor punishable by fine of up to $1,000, imprisonment for up to six months, or both such fine and imprisonment. This penalty shall be in addition to any other administrative, civil, or criminal penalty which may exist in statute, regulation, ordinance, or other provision of law. (E) Any individual who fails or refuses to comply with a police officer's order to exit property where the assemblage exists, or who fails or refuses to comply with a police officer's order to disburse from an assemblage area, shall be guilty of a misdemeanor punishable by fine of up to $1,000, imprisonment for up to six months, or both such fine and imprisonment. This penalty shall be in addition to any other administrative, civil, or criminal penalty which may exist in statute, regulation, ordinance, or other provision of law. (Ord. 1114, passed 5-1-96; Am. Ord. 1196, passed 11-6-02) i's Ili MU23111111=11,111 1 11 1 (A) No person shall operate, or permit operation of, any sound amplification system mounted or installed in any motor vehicle which can be heard from 50 or more feet, from public or private property, unless that system is being operated to request assistance or warn of a hazardous situation. (B) This section does not apply to authorized emergency vehicles or vehicles operated by gas, electric, communications or water utilities. This section does not apply to the sound systems of vehicles used in parades or other special events. (Ord. 1114, passed 5-1-96) Penalty, see § 10.99 9 of 9 10/1/2019, 9:24 PM M X CHEVALIER MTX 51 / BSC 02 MCE UNADDRESSED (APN: 8460-001-901), BALDWIN PARK, CA 91706 OVERALL HEIGHT = "° (Meter Address: 3615)/2Big Dalton, Baldwin Park, CA 91706) PROJECT TEAM SITE ACQUISITION PLANNING RELIANT LAND SERVICES, INC. RELIANT LAND SERVICES, INC. 1745 W. ORANGEWOOD AVE., SUITE 103 1745 W. ORANGEWOOD AVE., SUITE 103 ORANGE, CA 92868 ORANGE, CA 92868 CONTACT: MARYANN NEWARD CONTACT: MARYANN NEWARD TELEPHONE: (847) 571-2738 TELEPHONE: (847) 571-2738 RELIANT LAND SERVICES, INC. 1745 W. ORANGEWOOD AVE., SUITE 103 ORANGE, CA 92868 CONTACT: JOY SALAS TELEPHONE: (714) 685-0123 UTILITY COORDINATOR: VINCULUMS SERVICES, INC. CONTACT: GARY KRAUS TELEPHONE: (949) 929-1467 FLOYD SURVEYING 28936 OLD TOWN FRONT ST., SUITE 203 TEMECULA, CA 92590 CONTACT: DAVID FLOYD TELEPHONE: (951) 694-8647 PROFESSIONAL ENGINEER: RELIANT LAND SERVICES, INC. 1745 W. ORANGEWOOD AVE., SUITE 103 ORANGE, CA 92868 CONTACT: CHRIS LEE TELEPHONE: (949) 468-9702 VERIZON WIRELESS SIGNATURE BLOCK DISCIPLINE: SIGNATURE: DATE: RE VENDOR: D N > D A&E VENDOR: DJL z0 m A&E COORDINATOR: z o D LOS ANGELES ST UTILITY VENDOR: < p z rn m G RF: 1 o RE: GC A-1 CE: 5 �O EE: SITE A-3 TRANSPORT: 5 A-4 VZW DWG TEMPLATE T-1 V1.0 12/28/2015 PROJECT DESCRIPTION THIS PROJECT IS A VERIZON WIRELESS UNMANNED TELECOMMUNICATION WIRELESS FACILITY. IT WILL CONSIST OF THE FOLLOWING: • NEW VERIZON WIRELESS 22'-0" x 22'-0" x 6'-0" H. CMU WALL ENCLOSURE/LEASE AREA • (2) NEW VERIZON WIRELESS RADIO EQUIPMENT CABINETS ON (P) CONCRETE PAD • (1) NEW VERIZON WIRELESS 15KW / 54 GALLON DIESEL STANDBY GENERATOR ON (P) CONCRETE PAD • (1) NEW VERIZON WIRELESS GPS ANENNA • (1) ILC AND TELCO BOX MOUTED ON NEW CMU WALL • (12) NEW VERIZON WIRELESS 8' TALL PANEL ANTENNAS • (18) NEW VERIZON WIRELESS RRUS • (3) NEW VERIZON WIRELESS RAYCAPS • (1) NEW VERIZON WIRELESS 4-0 MICROWAVE • NEW VERIZON WIRELESS 52'-0"H. MONO -EUCALYPTUS VICINITY MAP REV T-1 TITLE SHEET D N > D _ � DJL z0 m y z o D LOS ANGELES ST SITE SURVEY < p z rn m G SITE SURVEY 1 o m GC A-1 BADILLO ST 5 �O EQUIPMENT PLAN, ANTENNA LAYOUT SITE A-3 ��'° 605 RPM0 NIB- 5 A-4 ARCHITECTURAL ELEVATIONS 5 SQG/ OP\• � yLc� RELIANT LAND SERVICES r 8 aq 10 L� O� PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED 0 LL z Woo > T_ Q C-0 z rn O U Q C] > z � Q Cn L0 G:) 1 NOT TO SCALE (jc) NORTH FROM: VERIZON OFFICE TO: BIG DALTON AVE/SIERRA WAY BALDWIN PARK, CA 91706 1. HEAD SOUTHEAST TOWARD SAND CANYON SIDE PATH 2. TURN LEFT ONTO SAND CANYON AVE 3. USE THE LEFT 2 LANES TO TURN LEFT TO MERGE ONTO 1-5 N 4. MERGE ONTO 1-5 N 5. USE THE RIGHT 2 LANES TO TAKE EXIT 107A FOR CA -57 N TOWARD POMONA 6. CONTINUE ONTO CA -57 NSTAY ON CA -57 N 7. KEEP RIGHT AT THE FORK TO STAY ON CA -57 N 8. USE THE RIGHT 2 LANES TO TAKE EXIT 21 TO MERGE ONTO 1-10 W TOWARD LOS ANGELES 9. TAKE EXIT 34A FOR PACIFIC AVE TOWARD W COVINA PKWY 10. TURN LEFT ONTO W PACIFIC AVE 11. TURN LEFT ONTO BIG DALTON AVE 12. DESTINATION WILL BE ON THE RIGHT APPLICANT/LESSEE 15505 SAND CANYON AVENUE, D1 IRVINE, CA 92618 OFFICE: (949) 286-7000 APPLICANT'S REPRESENTATIVE RELIANT LAND SERVICES, INC. 1745 W. ORANGEWOOD AVE., SUITE 103 ORANGE, CA 92868 CONTACT: MARILYN WARREN TELEPHONE: (949) 877-6639 PROPERTY OWNER: VALLEY COUNTY WATER DISTRICT 14521 RAMONA BLVD BALDWIN PARK, CA 91706 CONTACT: LYNDA NORIEGA TELEPHONE: (626) 338-7301 SITE NAME: CHEVALIER SITE ADDRESS: BIG DALTON AVE & SIERRA WAY BALDWIN PARK, CA 91706 JURISDICTION: CITY OF BALDWIN PARK CONSTRUCTION INFORMATION ASSESSOR'S PARCEL NUMBER APN: 8460-001-900 (ACCESS), 8460-001-901 (LEASE AREA) AREA OF CONSTRUCTION: 22'-0" X 22'-0" (484 SQ FT) OCCUPANCY: WATER WELL FACILITY TYPE OF CONSTRUCTION: S-2 CURRENT ZONING: R1 ADA COMPLIANCE: FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. MACHINERY SPACES ARE EXEMPT FROM ACCESSIBILITY REQUIREMENTS PER THE CBC SECTION 11B-203.5. .� • L 'A •' • DO NOT SCALE DRAWINGS CONTRACTOR SHALL VERIFY ALL PLANS AND EXISTING DIMENSIONS AND CONDITIONS ON THE JOB SITE AND SHALL IMMEDIATELY NOTIFY THE ARCHITECT IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR THE SAME. CODE COMPLIANCE • 2016 CALIFORNIA ENERGY CODE • 2016 CALIFORNIA MECHANICAL CODE • 2016 CALIFORNIA BUILDING CODE • 2016 CALIFORNIA PLUMBING CODE • 2016 CALIFORNIA ELECTRICAL CODE • SHELTER IS STATE OF CALIFORNIA • 2016 CALIFORNIA FIRE CODE APPROVED AND INSPECTED, NOT FOR • 2016 CALIFORNIA GREEN BUILDING CODE LOCAL INSPECTION. SHEET DESCRIPTION REV T-1 TITLE SHEET 5 04/19/16 90% ZONING DJL LS -1 SITE SURVEY 1 LS -2 SITE SURVEY 1 LS -3 SITE SURVEY 1 06/06/17 REVISIONS GC A-1 SITE PLAN 5 A-2 EQUIPMENT PLAN, ANTENNA LAYOUT 5 A-3 ARCHITECTURAL ELEVATIONS 5 A-4 ARCHITECTURAL ELEVATIONS 5 RELIANT LAND SERVICES r 8 aq 1745 W ORANGEWOOD AVE. STE 103 ORANGE, CA 92868 WWW.RLSUSA.COM PH. (714) 685-0123 FAX (714) 453-9692 PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED 0 LL z Woo > T_ Q C-0 z rn O U ®® U Z_ C] > z � Q Cn L0 G:) L0 L0 (jc) Q � W r� ZONING DRAWINGS TO OBTAIN LOCATION OF PARTICIPANTS UNDERGROUND FACILITIES BEFORE YOU DIG IN CALIFORNIA (SOUTH), CALL DIG ALERT TOLL FREE: 1-800-227-2600 OR www.digalert.org CALIFORNIA STATUTE REQUIRES MIN OF 2 Know what's below. WORKING DAYS NOTICE Cal I before you dig. BEFORE YOU EXCAVATE ISSUE STATUS rREV. DATE DESCRIPTION BY 0 04/19/16 90% ZONING DJL 1 04/25/16 100% ZONING DJL 2 10/05/16 LANDLORD COMMENTS HG 3 06/06/17 REVISIONS GC 4 06/20/17 UTILITY REVISION GC 5 05/07/19 ADD MICROWAVE DJL RELIANT LAND SERVICES r 8 aq 1745 W ORANGEWOOD AVE. STE 103 ORANGE, CA 92868 WWW.RLSUSA.COM PH. (714) 685-0123 FAX (714) 453-9692 PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED 0 LL z Woo > T_ Q C-0 z rn O U ®® U Z_ C] > z � Q Cn L0 G:) L0 L0 (jc) Q � W r� EQ U U) C,6 E Q W z 0J UJ Q !D v CO m --A SHEET TITLE: TITLE SHEET T=1 A SSUE STATUS rREV. DATE DESCRIPTION BY 0 4/01/2016 SITE SURVEY DF J t"MY ,*5 1M1 mx+c.tH ^9xw. . ti 5 ��5 _ liw�dae 4/19/2016 OWNER'S NAME: VALLEY COUNTY WATER DISTRICT & BALDWIN PARK COUNTY WATER DISTRICT ,"e6San Bgr ardin� , PARCEL NUMBER(S) 8460-001-901 & 900 J'iASSESSOR'S E .. (NAD 83; Epoch 2010) / '/ FLOYD DY B�d�I�drra st r e _. A c i i z � I i F.a��,x4` t`erne@J J I vE P- °'i 34006 GALLERON STREET BASIS OF BEARINGS: OFFICE: (949) 200-0626 / // PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED "$ �- ( .z € �s i` Morgir Parks tla P ;fjfi�Rt]tE tyYB ldk'aYk UV�.?F'm� li ii i €u %- "fit`. E w THE BEARINGS SHOWN HEREON ARE BASED ON NAD 1983 CALIFORNIA Q � / � z v ®® U Lii D � Y Ltl6icah �' ,- padt � � I i LC) LC) STATE PLANE COORDINATE SYSTEM — ZONE 5. AS DETERMINED BY G.P.S. OBSERVATIONS, USING TRIMBLE 5700/5800 RECEIVERS ANDILI / 111, OF i >Q C) O kX YvJ?uenC �sG - U) v TRIMBLE GEODETIC OFFICE 1.60 SOFTWARE.Ji z� > w a_ W Q Z Z ®J Q UJ Q In BASIS OF ELEVATIONS: NAVD 1988 SHEET TITLE: SITE SURVEY GENERAL INFORMATION LS1 ELEVATIONS ARE BASED ON GPS OBSERVATIONS FROM TWO NATIONAL / _� ,Enr GEODETIC SURVEY C.O.R.S. REFERENCE STATIONS: 1) JPLM' ELEVATION = 1503.49' AND 2) PIN1, ELEVATION = 4233.46' WITH GEOID 2012 CORRECTIONS APPLIED. / SITE DATA / LA CO FLOOD CONTROL �a r'kt 9 au!' w i. -.w .cv2RtacresaR Carj, 3CaR and ar 25 5 oaErs 4l+sv.t t_�sae? FEMA FLOOD ZONE DESIGNATION: DISTRICT / County: LOS ANGELES Effective Date: 9/26/2008 APN:8554-016-900 / LIU VICINITY MAP Map/Panel: 06037C1700F / APN:8460-001-021 The Flood Zone Designation for this site is: ZONE: X �`� e� / \ �` ��\ \/ HEREDIA FEMA FLOOD ZONE INFORMATION o \ SEE ITEM #4 OF PTR APN:8460-001-020 >z°os' SEE PAGE LS3 FOR DESCRIPTION PROPERTY LEGAL DESCRIPTION VALLEY COUNTY WATER / / �\ \ DISTRICT TITLE REPORT NOTES: THE FOLLOWING EASEMENTS EFFECT SAID PARCEL AND ARE SHOWN % / \ \ APN:8460-001-901 // \ \ \ ° �' QUINONEZ APN:8UINONE1-019 � c� ` HEREON. SEE PRELIMINARY TITLE REPORT NO. O—SA-5146293 i / \�\�� \\\\ PREPARED BY FIRST AMERICAN TITLE AND DATED MARCH 28, 2016 FOR OTHER DOCUMENTS (NON—EASEMENTS) EFFECTING SAID PROPERTY. \\ \\\\ '2i LEGEN D ITEM #4 — An easement for public utilities and incidental purposes in the document BOOK 46276, PAGE 184 Official /� \�\� \\�\\ recorded as of Records. / / \ \ \ \ These standard symbols will be found in the drawing. \ (AS SHOWN HEREON —DOES NOT CROSS LEASE AREA) ;/ a ITEM #5 — An easement for TO LAY PIPE LINES, DITCHES AND CONDUITS THEREON, WITH A FURTHER RIGHT AT ALL TIMES TO ENTER SFF� e BOLLARD y GUY WIRE D C CORP \ iT �^� UPON SAID LAND TO INSPECT, REPAIR, REPLACE, USE AND MAINTAIN APN:8460-001-04'7 \ F2�� Gp �� 00 O FOUND MONUMENT THE SAME and incidental purposes, recorded in Book 2867 of Deeds, Page 190. \ �� 01 �4~ °� TREE DECIDUOUS (DOES NOT CROSS SAID PARCEL A OR B) MENJIVAR\ APN: 8460— 001— 040 �R` , ATS �4\� Oma/ /off 0 TREE CONIFEROUS �� UTILITY POLE ITEM #6 — An easement for STREET PURPOSES and incidental WATER METER purposes in the document recorded as BOOK 6795, PAGE 48 of Official Records. ���yy� �� ��a \\ �� q� ; WATER VALVE $ GEODETIC POINT (AS SHOWN HEREON —BIG DALTON AVENUE) �� ; BUILDING ITEM #7 — AN EASEMENT OVER ALL OF PARCEL 1 AND OVER THE \\ ti�00 ASPH ASPHALT SURFACE SOUTHWESTERLY 16 FEET OF PARCEL 2 FOR ROAD PURPOSES, AS RESERVED BY EVERETT F. TICE AND LULUBELLE TICE, HUSBAND AND ALVAREZ \ ; EC EDGE OF CONCRETE ELTR ELECTRICAL TRANSFORMER WIFE, IN DEED RECORDED DECEMBER 3, 1954. APN:8460-001-041 ORTIZ Q�. \ EP EDGE OF PAVEMENT (AS SHOWN HEREON —DOES NOT CROSS LEASE AREA) APN: 8460-001-042 s � s ; FL FLOWLINE CURB & GUTTER ITEM #8 — An easement for PUBLIC ROAD AND HIGHWAY and \�<`2i �9os, ; FNCP FENCE TOP LIP LIP OF GUTTER incidental purposes, recorded as BOOK 4559, PAGE 177 of Official \�o F i RTOP ROOF TOP Records. A000 SDINL STORMDRAIN INLET In Favor of: COUNTY OF LOS ANGELES\� T� SW SIDEWALK (AS SHOWN HEREON —BIG DALTON AVENUE) WONG \ i APN:8460-001-043 \ TC TOP OF CURB TRTP TREE TOP DECIDUOUS ITEM #10 — An easement for RIGHT OF WAY and incidental purposes, \\ TRTP3 TREE TOP CONIFEROUS TW TOP OF WALL recorded FEBRUARY 24, 1955 as INSTRUMENT NO. 5324 IN BOOK \ ; 47010, PAGE 127 of Official Records. \\ i// VG V—GUTTER In Favor of: SOUTHERN COUNTIES GAS COMPANY OF \ WROH WIRE OVERHEAD CALIFORNIA, A CORPORATION \ — — BOUNDARY LINE (AS SHOWN HEREON —DOES NOT CROSS LEASE AREA) COOK — CENTER LINE END OF EASEMENTS C�,S, APN: 8460-001-044 0 / MISC. PROPERTY LINE "ALL PLOTTABLE EASEMENTS AS DESCRIBED IN SAID TITLE REPORT ARE SHOWN HEREON AND DO NOT CROSS THE PROPOSED LEASE ° J� S 41°29'20" W 16.00' — — — MISC. TIE LINE RIGHT—OF—WAY LINE AREA. SJ P — — EASEMENT LINE X FENCE LINE OPS \� LEGEND 1) This is not a boundary survey. This is a specialized / topographic map. The property lines and easements shown hereon are from record information as noted hereon. Floyd Surveying translated the topographic survey to record information using the two found monuments shown hereon. No title research was performed by Floyd Surveying. 2) Any changes made to the information on this plan, without the written consent of Floyd Surveying relieves Floyd Surveying of any and all liability. C,y� 3) These drawings & specifications are the property & copyright of Floyd Surveying & shall not be used on any other work except by �j agreement with the Surveyor. Written dimensions shall take C preference over scaled & shall be verified on the job site. Any discrepancy shall be brought to the notice of the Surveyor prior to S, commencement of any work. 4) Field survey completed on MARCH 31, 2016. TITLE REPORT NOTES OVERALL SITE PLAN SCALE: 30 15 0 3o LEGEND 1 ".30' SSUE STATUS rREV. DATE DESCRIPTION BY 0 4/01/2016 SITE SURVEY DF 1 4/19/2016 TITLE REVIEW DF FLOYD SURVEYING 34006 GALLERON STREET TEMECULA, CA 92592 OFFICE: (949) 200-0626 EMAIL: fsi0floydsurveying.com PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED w z w oo Q � O z v ®® U Lii D � LC) O LC) LC) 0 David A. Floyd 111, OF i >Q C) O r WLLI� - U) v z� > w a_ W Q Z Z ®J Q UJ Q In M SHEET TITLE: SITE SURVEY GENERAL INFORMATION LS1 LA CO FLOOD CONTROL DISTRICT APN: 8554-016-900 TW2 374,89 PROPOSED LEASE AREA Ui / N + EP2 j / 366,12 Ut rri EP2 1P— i 366.09 \ N 81'25'23" E 3.25' EP2 366.54 TRIP 404,73 LIU APN: 8460-001-021 >Z°05' 6'6\ \ \ C/L OF PROPOSED / �p / >1\ \ ♦ POWER ROUTE / + WR❑H2 l / \ \ L\ 425.47 i \ \ / \ \ \ \ RT❑P3 �`L/ / O R �/ \ \ 383,54 s FNCP3-GATE / �,�`1�' /� \ 9290 373,47 / EP2 LEGEND / 36611 / / / � ASPH \ EP2 3 56 66 \ \ 366.99 ♦ These standard symbols will C>J// // \\ \\ be found in the drawing. -k\//L 1.38' GEODETIC POINT \\ \ ♦ ♦ e BOLLARD Qr / / \ \\ HEREDIA y GUY WIRE APN: 8460-001-020 O FOUND MONUMENT g FNCP3-GATE % % %/ / \ / / C/L OF PROPOSED / / / �4 / / \ \ O TREE DECIDUOUS 373,78 ACCESS ROUTE / / /� SDINL3 \ \ ♦ 0 TREE CONIFEROUS CD %K / ASPH 365,39 \ \ \ \ ♦ fW UTILITY POLE /365.51 \ \ \ �WATER METER EP2 WATER VALVE / / / / \ \ 366,16 ASPH \\ \\\ ♦ ♦ $ GEODETIC POINT TW ♦ ♦ // / VALLEY COUNTY WATER 3� \\ \\ BUILDING ' 372,11 / \ DISTRICT \ EP2 APN: 8460-001-901 \ 367,70 ASPH ASPHALT SURFACE � \ \ \ \ \\ s ♦ EC EDGE OF CONCRETE '0 \ \ A� \ \ �s. ♦ ELTR ELECTRICAL TRANSFORMER / ♦ ♦ \\ \\ \\ \ \\ �9os EP EDGE OF PAVEMENT \ \ \ \ PROPOSED C/L EP26" 2 \ A \ �. FL FLOWLINE CURB & GUTTER FNCP FENCE TOP \ \ ASPH TELCO ROUTE 367,68 \\Z \\ 3 56 64 S \\\ 296♦ LIP LIP OF GUTTER \ \ \\ � \ \ \ \ \ F \ ♦ RTOP ROOF TOP EP2 \ \\ \ \\ >> \ SDINL STORMDRAIN INLET ♦ \ \ \ \\ \ 's,, \ SW SIDEWALK 366,10 \\\ \ \\ \\ \\ \\ TC TOP OF CURB \ \ \\ \\ \ \ ♦ TRTP TREE TOP DECIDUOUS RT❑P3 \ EP2 \ \ ♦ TRTP3 TREE TOP CONIFEROUS 381,28 ♦ ♦ \ \ \ \ \ \ \ 367,68 \ \ \ \ TW TOP OF WALL VG V—GUTTER WROH WIRE OVERHEAD oo \ ♦ — — BOUNDARY LINE ♦ \\ �`�\ \ \\ ASPH RT❑P2 TW3 \\ ♦ — CENTER LINE ♦ \ \ F 8s \ \ \ 3� 380.15 O p 378.05 \ \ MISC. PROPERTY LINE QUINONEZ \ \ 'sem• \ \��' �� \ APN: 8460-001-019 _ MISC. TIE LINE EP2\ \\ \\ TW4 36617 ♦ \\ \ \ SEE ITEM #4 367,6 VG \\ ♦ RIGHT—OF—WAY LINE TW \ \ \ \ OF PTR 367,13 RT❑P \ — EASEMENT LINE 372.09 \ \ \ \ SL TW3 383.18 \ \ \ � \ X FENCE LINE \ \ \ \ \ \ LIP3 377,95 \ ♦ ♦ \\ \\ \366.32 EC3 \\ \\ \ \ \ 367,71EP ASPH 7 36 66 \ \ \ \ \ ♦ LEGEND \ \ \\ \ \366.51 \ ♦ \ \ \ EC3MEN\ \ \ APN: 8460-001-040 0 ♦ \\ �� \ 367.69 \\ \\ 1) This is not a boundary survey. This is a specialized S 12°41'15" E\ \ \ topographic map. The property lines and easements shown hereon 7.15' \ 11 SDINL� \\ are from record information as noted hereon. Floyd Surveying � 366,31 \ \ translated the topographic survey to record information using the EP2 `� \\ WATER PIPES \ two found monuments shown hereon. No title research was 366,27 ♦ / \ \\\ performed by Floyd Surveying. \ ELTR-P5405588 FI -3\ S \� 367,78 2) Any changes made to the information on this plan, without the 366.48 ♦ \ FFi� \\\ RT❑P written consent of Floyd Surveying relieves Floyd Surveying of any ♦ \\ F� j S \\ 382,31 EC and all liability. mss. 36808 3 These drawings & specifications are the property & copyright of D C CORP S 41'34'37" W \ 2s, \� / ) 9 P P P Y APN: 8460-001-047 4.18' \ T� �s'• \ Floyd Surveying & shall not be used on any other work except by \ F \� agreement with the Surveyor. Written dimensions shall take ♦ \\ 3s \\ preference over scaled & shall be verified on the job site. Any ♦ \\ `3oR, \ discrepancy shall be brought to the notice of the Surveyor prior to \ / commencement of any work. 367,15 \\ \� / 4) Field survey completed on MARCH 31, 2016. ♦ \ \\ 36 DETAIL SITE PLAN SCALE: 10 5 0 10 LEGEND 17 =10, ISSUE STATUS V. DATE DESCRIPTION BY 0 4/01/2016 SITE SURVEY DF 1 4/19/2016 TITLE REVIEW DF FLOYD SURVEYING 34006 GALLERON STREET TEMECULA, CA 92592 OFFICE: (949) 200-0626 EMAIL: fsi0floydsurveying.com PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED W z W oo Q � O z U U � 1111111111111h—D � Ln CD In Ln Ovid A. Floyd CL 9211/2 OF i >Q C) W �� LLI — F75 OZ5U .J QUJ� Z >W 0- W Qz Z p J Q U Q In M SHEET TITLE: SITE SURVEY GENERAL INFORMATION LS2 PARCEL A: (APN: 8460-001-901) PARCEL B: (APN: 8460-001-900) PROPOSED LEASE AREA: DESCRIPTION BY THAT PORTION OF THE NORTHEASTERLY 91 FEET OF THE PARCEL 1: SITE SURVEY DF 1 SOUTHWESTERLY 546 FEET OF LOT 66 OF EL MONTE WALNUT PLACE, TITLE REVIEW BEING A PORTION OF THE NORTHEASTERLY 91 FEET OF THE IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER THAT PORTION OF THE NORTHEASTERLY 91 FEET OF THE SOUTHWESTERLY SOUTHWESTERLY 546 FEET OF LOT 66 OF EL MONTE WALNUT PLACE, MAP RECORDED IN BOOK 6, PAGE 104 OF MAPS, IN THE OFFICE OF 546 FEET OF LOT 66 OF EL MONTE WALNUT PLACE, IN THE COUNTY OF LOS IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE MAP RECORDED IN BOOK 6, PAGE 104 OF MAPS, IN THE OFFICE OF 104 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF DESCRIBED AS FOLLOWS: SAID LOT 66, WITH THE SOUTHWESTERLY LINE OF THE FLOYD COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 3 OF TRACT o TEMECULA, CA 92592 NORTHEASTERLY 91 FEET OF THE SOUTHWESTERLY 546 FEET OF SAID BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF SAID LOT NO. 29419 AS PER MAP RECORDED IN BOOK 727, PAGE 21 OF MAPS; THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS LOT 66; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE, 66, WITH THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 91 FEET OF THE SOUTHWESTERLY LINE OF SAID LOT 3 HAVING A BEARING OF ti z w oo A DISTANCE OF 265 FEET TO THE TRUE POINT OF BEGINNING; THE SOUTHWESTERLY 546 FEET OF SAID LOT 66; THENCE NORTHWESTERLY, SOUTH 48°29'05"EAST, WITH ALL BEARINGS HEREIN RELATIVE W Lii z THENCE NORTHEASTERLY, PARALLEL WITH THE SOUTHEASTERLY LINE ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 165 FEET; THENCE THERETO; THENCE, SOUTH 03°29'53"EAST, A DISTANCE OF 14.15 FEET In Ln 0 OF SAID NORTHEASTERLY 91 FEET OF THE SOUTHWESTERLY 546 FEET NORTHEASTERLY, PARALLEL WITH SAID SOUTHEASTERLY LINE OF LOT 66, A TO THE POINT OF BEGINNING; THENCE, SOUTH 48°29'05"EAST, A "or C X OF SAID LOT 66; THENCE NORTHWESTERLY PARALLEL WITH SAID DISTANCE OF 16 FEET; THENCE SOUTHEASTERLY, PARALLEL WITH SAID DISTANCE OF 15.35 FEET TO A POINT HEREIN AFTER KNOWN AS U Q J OZ5UJU SOUTHWESTERLY LINE A DISTANCE OF 113.32 FEET TO THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 91 FEET OF THE POINT "A'; THENCE, CONTINUING SOUTH 48°29'05"EAST, A DISTANCE W QZ Z O SOUTHEASTERLY LINE OF THE FLOOD CONTROL CHANNEL OF BIG SOUTHWESTERLY 546 FEET OF LOT 66, A DISTANCE OF 165 FEET TO A OF 6.65 FEET; THENCE, SOUTH 41 °29'20" WEST, A DISTANCE OF 22.00 m DALTON WASH, AS CONVEYED TO LOS ANGELES COUNTY FLOOD POINT ON SAID SOUTHEASTERLY LINE OF LOT 66; THENCE SOUTHWESTERLY, FEET; THENCE, NORTH 48°29'05" WEST, A DISTANCE OF 9.62 FEET TO LS3 CONTROL DISTRICT BY FINAL DECREE OF CONDEMNATION ENTERED IN ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF 16 FEET TO THE POINT A POINT HEREIN AFTER KNOWN AS POINT `B'; THENCE, CONTINUING CASE NO. 598393, SUPERIOR COURT, A CERTIFIED COPY THEREOF OF BEGINNING. NORTH 48`29'05" WEST, A DISTANCE OF 1.38 FEET TO A POINT HEREIN BEING RECORDED IN BOOK 42500, PAGE 49, OF OFFICIAL RECORDS AFTER KNOWN AS POINT "C'; THENCE, CONTINUING NORTH OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG SAID PARCEL 2: 48°29'05" WEST, A DISTANCE OF 11.00 FEET; THENCE, NORTH SOUTHEASTERLY LINE OF FLOOD CONTROL CHANNEL, A DISTANCE OF 41°29'20"EAST, A DISTANCE OF 22.00 FEET TO THE POINT OF 91 FEET TO SAID SOUTHWESTERLY LINE OF SAID NORTHEASTERLY 91 THAT PORTION OF THE NORTHEASTERLY 91 FEET OF THE SOUTHWESTERLY BEGINNING. FEET, OF THE SOUTHWESTERLY 546 FEET OF SAID LOT 66; THENCE 546 FEET OF LOT 66 OF EL MONTE WALNUT PLACE, IN THE COUNTY OF LOS SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE CONTAINING 484 SQUARE FEET, MORE OR LESS. 113.34 FEET TO THE POINT OF BEGINNING. 104 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: SAID LAND BEING A PORTION OF PARCEL 11, AS SHOWN ON LICENSED PROPOSED ACCESS EASEMENT: SURVEYOR'S MAPS, FILED IN BOOK 22, PAGE 2 OF RECORD OF BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF SAID LOT SURVEYS, IN SAID OFFICE OF THE COUNTY RECORDER. 66, WITH THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 91 FEET OF THE SOUTHWESTERLY 546 FEET OF SAID LOT 66; THENCE NORTHWESTERLY, AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 165 FEET TO THE TRUE 12.00 FEET WIDE, OVER A PORTION OF SAID LOT 66, THE CENTERLINE POINT OF BEGINNING; THENCE CONTINUING NORTHWESTERLY, ALONG SAID BEING DESCRIBED AS FOLLOWS: SOUTHWESTERLY LINE, A DISTANCE OF 100 FEET; THENCE NORTHEASTERLY, PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT, A DISTANCE OF 91 BEGINNING AT THE HEREIN BEFORE MENTIONED POINT "C'; THENCE, FEET TO THE NORTHEASTERLY LINE OF SAID NORTHEASTERLY 91 FEET OF SOUTH 41 °34'37" WEST, A DISTANCE OF 49.09 FEET; THENCE, SOUTH THE SOUTHWESTERLY 546 FEET OF SAID LOT 66; THENCE SOUTHEASTERLY 48°25'23"EAST, A DISTANCE OF 333.04 FEET TO THE NORTHWESTERLY PARALLEL WITH SAID SOUTHWESTERLY LINE, A DISTANCE OF 100 FEET; RIGHT OF WAY LINE OF BIG DALTON AVENUE (50 FEET WIDE) AND THENCE SOUTHWESTERLY, PARALLEL WITH SAID SOUTHEASTERLY LINE OF LOT POINT OF TERMINATION. 66, A DISTANCE OF 91 FEET TO THE TRUE POINT OF BEGINNING. LEGEND PROPOSED POWER EASEMENT: PARCEL 3: AN EASEMENT FOR UTILITY PURPOSES OVER A STRIP OF LAND 5.00 AN EASEMENT FOR THE RIGHT TO EXCAVATE FOR, INSTALL, MAINTAIN, FEET WIDE, OVER A PORTION OF SAID LOT 66, THE CENTERLINE BEING These standard symbols will REPLACE WATER PIPES AND MAINS, SERVICE CONNECTIONS, VALVES AND DESCRIBED AS FOLLOWS: be found in the drawing. FITTINGS FOR THE PURPOSE OF CONVEYING WATER ON, ALONG, OVER AND ACROSS THE SOUTHWESTERLY 6 FEET OF THE NORTHEASTERLY 91 FEET OF BEGINNING AT THE HEREIN BEFORE MENTIONED POINT "A", THENCE, e BOLLARD THE SOUTHWESTERLY 546 FEET OF THAT PORTION OF LOT 66 OF EL MONTE NORTH 81°25'23"EAST, A DISTANCE OF 3.25 FEET; THENCE, SOUTH WALNUT PLACE, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, 48`18'54" EAST, A DISTANCE OF 171.51 FEET TO THE POINT OF y GUY WIRE AS PER MAP RECORDED IN BOOK 6 PAGE 104 OF MAPS, IN THE OFFICE OF TERMINATION. O FOUND MONUMENT THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHEASTERLY OF THE 0 TREE DECIDUOUS SOUTHEASTERLY LINE OF THE FLOOD CONTROL CHANNEL OF BIG DALTON PROPOSED TELCO EASEMENT: 0 TREE CONIFEROUS WASH, AS CONVEYED TO LOS ANGELES COUNTY FLOOD CONTROL DISTRICT -W UTILITY POLE BY FINAL DECREE OF CONDEMNATION ENTERED IN CASE NO. 598393, AN EASEMENT FOR TELCO PURPOSES OVER A STRIP OF LAND 5.00 SUPERIOR COURT, A CERTIFIED COPY THEREOF BEING RECORDED IN BOOK FEET WIDE, OVER A PORTION OF SAID LOT 66, THE CENTERLINE BEING WATER METER 42500 PAGE 49 OF OFFICIAL RECORDS OF SAID COUNTY. DESCRIBED AS FOLLOWS: WATER VALVE $ GEODETIC POINT EXCEPT THE SOUTHEASTERLY 265 FEET OF SAID LAND, SUBJECT TO THE BEGINNING AT THE HEREIN BEFORE MENTIONED POINT `B'; THENCE, BUILDING PROVISIONS AND COVENANTS CONTAINED IN THE DEED FROM EVERETT F. SOUTH 41 `30'55" WEST, A DISTANCE OF 50.18 FEET; THENCE, SOUTH TICE AND LULUBELLE TICE, HUSBAND AND WIFE, TO BALDWIN PARK COUNTY 48`25'23"EAST, A DISTANCE OF 85.57 FEET; THENCE, SOUTH ASPH ASPHALT SURFACE WATER DISTRICT, A CORPORATION, RECORDED DECEMBER 3, 1954. 12`41'15"EAST, A DISTANCE OF 7.15 FEET; THENCE, SOUTH EC EDGE OF CONCRETE 41 `34'37" WEST, A DISTANCE OF 4.18 FEET TO THE POINT OF ELTR ELECTRICAL TRANSFORMER PARCEL 4: TERMINATION. EP EDGE OF PAVEMENT FL FLOWLINE CURB & GUTTER AN EASEMENT FOR THE RIGHT TO EXCAVATE FOR, INSTALL, MAINTAIN, FL E FENCETOP REPLACE WATER PIPES AND MAINS, VALVES AND FITTINGS FOR THE LIP LIP LIP GUTTER PURPOSE OF CONVEYING WATER ON, ALONG, ACROSS AND OVER THE RTOP F TOP ROOFTOP NORTHEASTERLY 10 FEET OF THE SOUTHWESTERLY 11 FEET OF THE SDINSW OOOF N INLET NORTHWESTERLY HALF OF THE NORTHEASTERLY HALF OF LOT 67 OF EL SIDEWALK MONTE WALNUT PLACE, IN THE COUNTY OF LOS ANGELES, STATE OF TC TOP OF CURB CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 PAGE 104 OF MAPS, IN TRTP TREE TOP DECIDUOUS THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SUBJECT TO THE TRTP3 TREE TOP CONIFEROUS PROVISIONS AND COVENANTS CONTAINED IN THE DEED FROM ARTHUR ROY TW TOTO P OF WALL MILLETTE AND LILA A. MILLETTE, HUSBAND AND WIFE, TO BALDWIN PARK VG VG GUTTER COUNTY WATER DISTRICT, A CORPORATION, RECORDED DECEMBER 3, 1954. WIRE OVERHEAD PARCEL 5: — — BOUNDARY LINE — CENTER LINE AN EASEMENT FOR THE RIGHT TO EXCAVATE FOR, INSTALL, MAINTAIN, REPLACE WATER PIPES AND MAINS, VALVES AND FITTINGS FOR THE MISC. PROPERTY LINE PURPOSE OF CONVEYING WATER ON, ALONG, ACROSS AND OVER THE — — — MISC. TIE LINE NORTHEASTERLY 10 FEET OF THE SOUTHWESTERLY 11 FEET OF THE SOUTHEASTERLY 450.87 FEET OF THE NORTHEASTERLY HALF OF LOT 67 OF RIGHT—OF—WAY LINE EL MONTE WALNUT PLACE, IN THE COUNTY OF LOS ANGELES, STATE OF — — EASEMENT LINE CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 PAGE 104 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. X FENCE LINE EXCEPT THE NORTHEASTERLY 2 FEET OF THE SOUTHEASTERLY 90 FEET OF SAID LAND, SUBJECT TO THE PROVISIONS AND COVENANTS CONTAINED IN THE DEED FROM GUY G. QUACKENBUSH AND ETHEL Z. QUACKENBUSH, LEGEND HUSBAND AND WIFE, TO BALDWIN PARK COUNTY WATER DISTRICT, A CORPORATION, RECORDED DECEMBER 3, 1954. PARCEL 6: 1) This is not a boundary survey. This is a specialized topographic map. The property lines and easements shown hereon AN EASEMENT FOR THE RIGHT TO EXCAVATE FOR, INSTALL, MAINTAIN, are from record information as noted hereon. Floyd Surveying REPLACE WATER PIPES AND MAINS, VALVES AND FITTINGS FOR THE translated the topographic survey to record information using the PURPOSE OF CONVEYING WATER ON, ALONG, ACROSS AND OVER THE two found monuments shown hereon. No title research was NORTHEASTERLY 10 FEET OF THE SOUTHWESTERLY 11 FEET OF THE performed by Floyd Surveying. SOUTHEASTERLY HALF OF THE NORTHEASTERLY HALF OF LOT 67 OF EL MONTE WALNUT PLACE, IN THE COUNTY OF LOS ANGELES, STATE OF 2) Any changes made to the information on this plan, without the CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 PAGE 104 OF MAPS, IN written consent of Floyd Surveying relieves Floyd Surveying of any THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. and all liability. EXCEPT THE SOUTHEASTERLY 450.87 FEET OF SAID LAND, SUBJECT TO THE 3) These drawings & specifications are the property & copyright of PROVISIONS AND COVENANTS CONTAINED IN THE DEED FROM ARTHUR ROY Floyd Surveying & shall not be used on any other work except by MILLETTE AND LILA A. MILLETTE, HUSBAND AND WIFE, TO BALDWIN PARK agreement with the Surveyor. Written dimensions shall take COUNTY WATER DISTRICT, A CORPORATION, RECORDED DECEMBER 3, 1954. preference over scaled & shall be verified on the job site. Any discrepancy shall be brought to the notice of the Surveyor prior to commencement of any work. 4) Field survey completed on MARCH 31, 2016. PROPERTY LEGAL DESCRIPTION LEGEND ISSUE STATUS V. DATE DESCRIPTION BY 0 4/01/2016 SITE SURVEY DF 1 4/19/2016 TITLE REVIEW DF FLOYD SURVEYING 34006 GALLERON STREET TEMECULA, CA 92592 OFFICE: (949) 200-0626 EMAIL: fsi0floydsurveying.com PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED w z w oo Q � O � Q z v ®® U Lii z Q � Ln CD In Ln 0 David A. Floyd CL 9 2131 "or C X >Q C) O r O W w� U Q J OZ5UJU � Z > W0— W QZ Z O J J Q U Q m m SHEET TITLE: SITE SURVEY GENERAL INFORMATION LS3 NEW VERIZON WIRELESS 22'-0" X 22'-0"=484 SQ FT. LEASE AREA LA FLOOD CONTROL CANAL O J LESS TELCO ND WITHIN A LITY ROUTE, DIST. 130'-0" (SEE NOTE) r11 §r:. 'sy." (E) EASEMENTS NOTE: (N) VERIZON WIRELESS UTILITY LINES WILL MAINTAIN A 5'-0" RADIAL CLEARANCE OF EXISTING UNDERGROUND WATER LINES, EXCEPT WHEN CROSSING, WHERE IT WILL BE A MINIMUM OF 1'-0" CLEAR= SITE PLAN (E) UTILITY POLE #543717E (E) BUILDING - AP N : 8460-001-900 ERIZON WIRELESS CUSTOMER OWNED UTILITY POLE �1 (N) VERIZON WIRELESS OVERHEAD TELCO RUN (APPROX: 270') (E) UTILITY POLE #543716E VERIZON WIRELESS POWER NDUIT UNDERGROUND WITHIN A T-0" WIDE UTILITY ROUTE, APPROX DIST. 175'-0" (N) VERIZON WIRELESS 277/480V METER PEDESTAL (E) TRANSFORMER P5405588, (N) VERIZON WIRELESS POWER P.O.C. (E) 6' HIGH CMU WALL (E) UTILITY POLE #319895E (N) VERIZON WIRELESS TELCO P.O.C. NOTES: 1. GC TO SECURE SITE PER FIELD OPS DIRECTION USING MASTER KEYED HIDDEN SHACKLE PADLOCKS WITH HIGH SECURITY HASP. RESIDENTIAL ZONE / i / RESIDENTIAL ZONE17 r i i i� i (N) VERIZON WIRELESS 12' WIDE NON-EXCLUSIVE VEHICULAR PATH OF / ACCESS FROM PUBLIC RIGHT OF WAY / ISSUE STATUS REV. DATE DESCRIPTION BY 0 04/19/16 90% ZONING DJL 1 04/25/16 100% ZONING DJL 2 10/05/16 LANDLORD COMMENTS HG 3 06/06/17 REVISIONS GC 4 06/20/17 UTILITY REVISION GC 5 05/07/19 ADD MICROWAVE DJL RIS RELIANT LAND SERVICES 1745 W ORANGEWOOD AVE. STE 103 ORANGE, CA 92868 WWW.RLSUSA.COM PH. (714) 685-0123 FAX (714) 453-9692 PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED LLi woo Q c9 z rn O U ®® U Z >_ z U) Lo O L0 L0 Q co O Q W ry< Q W U U) 0 Q W z O� Z � �Q U Q J ® Q 0 m m SHEET TITLE: SITE PLAN NOTES: PER STUDY COMPLIANCE REPORT 03 / 16 / 2018, OUTLINE OF 22'-0" 0 MONO -EUCALYPTUS NO RF / EME SIGNAGE REQUIRED. (E) 6'H. CHAIN-LINK FENCE \ �� BRANCHES WITH BARB -WIRE TO BE J REMOVED AND REPLACED \ \ (E FDOUBLE CE GATEING TO BE RIEUSED (E) UTILITY POLE M 6' HIGH CMU WALL TO MATCH EXISTING c� \ H/❑ N/❑— N/❑ /❑ H/❑ H/❑ H/❑ H/❑ H/❑ /❑ 1/0 N/❑ N/ H/❑ H/❑ H/❑ H/ (N) VERIZON WIRELESS (18) REMOTE RADIO UNITS MOUNTED BEHIND PANEL \ 3"0" H/H H/❑ /❑ H/❑ H/❑ H/❑ H/❑ H/❑ I I/❑ H/V q H/ H/❑ �/❑ H/❑ H/❑ H/❑ H ANTENNAS (6 RRU S PER SECTOR) - TYP (N) VERIZON WIRELESS (12) PANEL 57'-0" ANTENNAS (4 ANTENNAS PER SECTOR, 3 \ SECTORS TOTAL) MOUNTED ON A (N) _______ X ______ X �....... ..... _ x X o e x � x x MONO -EUCALYPTUS TREE _ 2" .. (N) VERIZON WIRELESS � 4'0 MICROWAVE (AZIMUTH TBD) Tye? (N) VERIZON WIRELESS RAYCAP - 22'-0" 20'-0" I ' SURGE PROTECTOR (3 TOTAL) 10 / \ ( o (N) VERIZON WIRELESS LEASE AREA \ (N) VERIZON WIRELESS 52'-0" HIGH o / \ / (N) VERIZON WIRELESS `y MONO -EUCALYPTUS TREE NON-EXCLUSIVE PARKING AREA (DESIGN BY OTHERS) v (E) ESMT ' \ Q Lu #4 Q \ / w cn - \ \ ( o W (� \ T Lu T T X T �T — q z V�O - o \ ' _ tjN I LLI NOTES: \. z 1. PROPOSED VERIZON WIRELESS PANEL ANTENNAS SHALL i BE PAINTED TO MATCH COLOR OF MONO -EUCALYPTUS I ( I FOLIAGE & COVERED WITH ANTENNA SOCKS `V 2. PROPOSED MONO -EUCALYPTUS FOLIAGE & BRANCHES (N) VERIZON WIRELESS TELCO % �\ CONDUIT UNDERGROUND WITHIN A NOT SHOWN FOR CLARITY.\o C� 3'-0" WIDE UTILITY ROUTE (N) VERIZON WIRELESS 12' WIDE 3. PROPOSED MONO -EUCALYPTUS ENTIRE TREE TRUNK TO \ / 0\ APPROX DIST. 130'-0" I (. NON-EXCLUSIVE VEHICULAR BE COVERED IN FULL BARK /\/ PATH OF ACCESS FROM PUBLIC 4. AVERAGE 3 BRANCHES PER FEET _/ /�j RIGHT OF WAY 5. GC TO PROVIDE MOUNT CLASSIFICATION METAL TAG M750R(0) - 4[6], PER NSTD-445 (N) LIVE TREE IN 6" IDE PLANTER URB, ANTENNA LAYOUT SCALE 2 TYP. 2 NORTH 3/8"=1 ' 0"6" 1' 2' 4' . (E) STORMDRAIN INLET NOTES: ( m 1. PROPOSED MONO -EUCALYPTUS FOLIAGE & I BRANCHES NOT SHOWN FOR CLARITY. I 2. GC TO SECURE SITE PER FIELD OPS DIRECTION I USING MASTER KEYED HIDDEN SHACKLE : 1 (E) CMU WALL PADLOCKS WITH HIGH SECURITY HASP. 22'-0" (N) VERIZON WIRELESS LEASE AREA/CMU WALL (N) VERIZON WIRELESS :I (N) VERIZON WIRELESS 6'-0" 3'-0" 4'-10" EQUIPMENT CABINETS MOUNTED _ N CONCRETE ON CONCRETE PAD (TYP. OF 2) ~ 3G6 HIGH CMU WALL ENCLOSURE (N) �� ' (484 SQ. FT.) SLAB I: /77 777/77 (N) VERIZON WIRELESS U/G \o \o CABLE ROUTE ( (N) VERIZON WIRELESS POWER \\� \\v .� APPROX. 10'-0" CONDUIT UNDERGROUND WITHIN A I. ° o� o o o \\ 1'-T° d I . 3'-0" WIDE UTILITY ROUTE APPROX DIST. 175'-0" J (N) VERIZON WIRELESS 4"0 � (N) CRUSHED / CONDUIT STUB -UPS, TYP. 4 :. ROCK GRAVEL A (. (N) VERIZON WIRELESS 52'-0" �\\\\\\�\ I: I• r� U o 0 0 0 o c HIGH MONO -EUCALYPTUS cv (N) VERIZON WIRELESS GPS w (DESIGN BY OTHERS) c'\\ o ANTENNA MOUNTED ONTO m o o o Q (N) EQUIPMENT CABINET Q I �' LIJ — \7 U) (N) VERIZON WIRELESS TELCO w w CABINET WALL MOUNTED o� o� o op yj N ONTO (N) CMU WALL \\ A A c N o U (E) WATER PIPE I f. w \ \\ _ (N) VERIZON WIRELESS STAND-BY z -r o GENERATOR MOUNTED ON (N) OU �3 ::.I (E) STORMDRAIN � \\r o ° CONCRETE PAD z l INLET (TYP.) z(N) VERIZON WIRELESS \ (E) UTILITY POLE #543717E O CIENA UNIT WALL MOUNTED N T I :. N ONTO (N) CMU WALL o r a • a° ° e° G LIJ z °° ° a i.. I •• .. — (N) VERIZON WIRELESS OVERHEAD (N) VERIZON WIRELESS STEP TELCO RUN (APPROX: 270') �I . TRANSFORMER AND WALL ( , MOUNTED DISCONNECT 1 (E) BUILDING SWITCH � � � I (. • 11111114 A1717�11111 (E) UNLOADING � I (N) VERIZON WIRELESS (N) 17X30 UNDERGROUND (N) , ERIZON WIRELESS ILC CONCRETE DUCT 4'-0" WIDE ACCESS GATE PULLBOX MOUNTED ONTO (N) CMU WALL ENCLOSURE (N) VERIZON WIRELESS _ I SERVICE LIGHT WITH TIMER (\ • :` (I EQUIPMENT PLAN ti� SCALE 3 ENLARGED SITE PLAN ti� SCALE 1 a 1 /4"=1 ' 0" 1 ' 3' 7' O �y 1 /8"=1 ' 0" 2' 6' 14' ti ISSUE STATUS REV. DATE DESCRIPTION BY 0 04/19/16 90% ZONING DJL 1 04/25/16 100% ZONING DJL 2 10/05/16 LANDLORD COMMENTS HG 3 06/06/17 REVISIONS GC 4 06/20/17 UTILITY REVISION GC 5 05/07/19 ADD MICROWAVE DJL RIS RELIANT LAND SERVICES 1745 W ORANGEWOOD AVE. STE 103 ORANGE, CA 92868 WWW.RLSUSA.COM PH. (714) 685-0123 FAX (714) 453-9692 PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED Ldz W ap Q O 2-7 m O U ®® U Z � Q Lo O L0 L0 Q O Q � W ry Q W U U) 0 LJLJ i Q W z U J Q m m SHEET TITLE: EQUIPMENT NTENNA LAYOUT' NOTES: 1. PROPOSED VERIZON WIRELESS PANEL ANTENNAS SHALL BE PAINTED TO MATCH COLOR OF MONO -EUCALYPTUS FOLIAGE & COVERED WITH ANTENNA SOCKS 2. PROPOSED MONO -EUCALYPTUS FOLIAGE & BRANCHES NOT SHOWN FOR CLARITY. 3. PROPOSED MONO -EUCALYPTUS ENTIRE TREE TRUNK TO BE COVERED IN FULL BARK 4. AVERAGE 3 BRANCHES PER FEET TOP OF (N) VERIZON WIRELESS MONO -EUCALYPTUS ELEV. 52'-0" AGL TOP OF (N) VERIZON WIRELESS PANEL ANTENNAS ELEV. 46'-0" AGL (N) VERIZON WIRELESS PANEL ANTENNA CENTERLINE ELEV. 42'-0" AGL (N) VERIZON WIRELESS RAYCAP SURGE PROTECTOR (3 TOTAL) (N) VERIZON WIRELESS MICROWAVE ANTENNA CENTERLINE ELEV. 34'-0" AGL (N) VERIZON WIRELESS 52'-0" HIGH MONO -EUCALYPTUS (DESIGN BY OTHERS) BOTTOM OF (N) MONO -EUCALYPTUS BRANCHES ELEV. 20'-0" AGL (N) VERIZON WIRELESS GPS ANTENNA MOUNTED ONTO (N) EQUIPMENT CABINET (N) VERIZON WIRELESS 6'-0" HIGH CMU WALL ENCLOSURE (N) VERIZON WIRELESS ILC MOUNTED ONTO (N) CMU WALL ENCLOSURE FINISH GRADE ELEV. 0'-0" AGL (N) VERIZON WIRELESS STEP TRANSFORMER NORTHEAST ELEVATION NOTES: 1. PROPOSED VERIZON WIRELESS PANEL ANTENNAS SHALL BE PAINTED TO MATCH COLOR OF MONO -EUCALYPTUS FOLIAGE & COVERED WITH ANTENNA SOCKS 2. PROPOSED MONO -EUCALYPTUS FOLIAGE & BRANCHES NOT SHOWN FOR CLARITY. 3. PROPOSED MONO -EUCALYPTUS ENTIRE TREE TRUNK TO BE COVERED IN FULL BARK 4. AVERAGE 3 BRANCHES PER FEET FINISH GRADE ELEV. 0'-0" AGL SOUTHEAST ELEVATION (N) VERIZON WIRELESS (12) PANEL ANTENNAS (4 ANTENNAS PER SECTOR, 3 SECTORS TOTAL) MOUNTED ON A (N) MONO -EUCALYPTUS TREE (N) VERIZON WIRELESS (18) REMOTE RADIO UNITS MOUNTED BEHIND PANEL ANTENNAS (6 RRU'S PER SECTOR) (N) VERIZON WIRELESS 4-0 MICROWAVE (BEYOND) (N) VERIZON WIRELESS EQUIPMENT CABINET MOUNTED ON CONCRETE PAD (TYP. OF 3) (N) VERIZON WIRELESS GPS ANTENNA MOUNTED ONTO (N) EQUIPMENT CABINET (N) VERIZON WIRELESS STEP TRANSFORMER ISSUE STATUS rREV. DATE DESCRIPTION BY 0 04/19/16 90% ZONING DJL 1 04/25/16 100% ZONING DJL 2 10/05/16 LANDLORD COMMENTS HG 3 06/06/17 REVISIONS GC 4 06/20/17 UTILITY REVISION GC 5 05/07/19 ADD MICROWAVE DJL RIS RELIANT LAND SERVICES r 8 aq 1745 W ORANGEWOOD AVE. STE 103 ORANGE, CA 92868 WWW.RLSUSA.COM PH. (714) 685-0123 FAX (714) 453-9692 PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED LL1 Z LL I op T_ Q c9 z m O U ®� U Z � Alm Q cn Lo c:) L0 Ln Q W r� Q U W.j U) C'6 W Q a. W zz O� Z � U QJ ® Q 0 m m SHEET TITLE: ELEVATIONS NOTES: 1. PROPOSED VERIZON WIRELESS PANEL ANTENNAS SHALL BE PAINTED TO MATCH COLOR OF MONO -EUCALYPTUS FOLIAGE & COVERED WITH ANTENNA SOCKS 2. PROPOSED MONO -EUCALYPTUS FOLIAGE & BRANCHES NOT SHOWN FOR CLARITY. 3. PROPOSED MONO -EUCALYPTUS ENTIRE TREE TRUNK TO BE COVERED IN FULL BARK 4. AVERAGE 3 BRANCHES PER FEET TOP OF (N) VERIZON WIRELESS MONO -EUCALYPTUS ELEV. 52'-0" AGL NOTES: 1. PROPOSED VERIZON WIRELESS PANEL ANTENNAS SHALL BE PAINTED TO MATCH COLOR OF MONO -EUCALYPTUS FOLIAGE & COVERED WITH ANTENNA SOCKS 2. PROPOSED MONO -EUCALYPTUS FOLIAGE & BRANCHES NOT SHOWN FOR CLARITY. 3. PROPOSED MONO -EUCALYPTUS ENTIRE TREE TRUNK TO BE COVERED IN FULL BARK 4. AVERAGE 3 BRANCHES PER FEET TOP OF (N) VERIZON WIRELESS MONO -EUCALYPTUS ELEV. 52'-0" AGL TOP OF (N) VERIZON WIRELESS PANEL ANTENNAS a TOP OF (N) VERIZON WIRELESS PANEL ANTENNAS ELEV. 46'-0" AGL -� ELEV. 46'-0" AGL (N)E)A\VERIIZO /tAr7) 01 WIRELEScf'Tno (N) VERIZON WIRELESS PANEL ANTENNA CENTERLINE ELEV. 42'-0" AGL (N) VERIZON WIRELESS MICROWAVE ANTENNA CENTERLINE ELEV. 34'-0" AGL BOTTOM OF (N) MONO -EUCALYPTUS BRANCHES ELEV. 20'-0" AGL FINISH GRADE ELEV. 0'-0" AGL (N) VERIZON WIRELESS 52'-0" HIGH MONO -EUCALYPTUS (DESIGN BY OTHERS) L (N) VERIZON WIRELESS (18) REMOTE RADIO UNITS MOUNTED BEHIND PANEL ANTENNAS (6 RRU'S PER SECTOR) (N) VERIZON WIRELESS 4'0 MICROWAVE (N) VERIZON WIRELESS PANEL ANTENNA CENTERLINE ELEV. 42'-0" AGL (N) VERIZON WIRELESS (18) REMOTE RADIO UNITS MOUNTED BEHIND PANEL ANTENNAS (6 RRU'S PER SECTOR) (N) VERIZON WIRELESS MICROWAVE ANTENNA CENTERLINE ELEV. 34'-0" AGL (N) VERIZON WIRELESS 52'-0" HIGH MONO -EUCALYPTUS (DESIGN BY OTHERS) BOTTOM OF (N) MONO -EUCALYPTUS BRANCHES ELEV. 20'-0" AGL 9 (N) VERIZON WIRELESS (12) PANEL ANTENNAS (4 ANTENNAS PER SECTOR, 3 SECTORS TOTAL) MOUNTED ON A (N) MONO -EUCALYPTUS TREE (N) VERIZON WIRELESS RAYCAP SURGE PROTECTOR (3 TOTAL) (N) VERIZON WIRELESS 4'0 MICROWAVE 1 1� (N) VERIZON WIRELESS 6'-0" HIGH CMU WALL ENCLOSURE , (N) VERIZON WIRELESS 6'-0" HIGH CMU WALL ENCLOSURE (N) VERIZON WIRELESS EQUIPMENT CABINET MOUNTED (N) VERIZON WIRELESS ON CONCRETE PAD (TYP. OF 3) ' ACCESS GATE (N) VERIZON WIRELESS EQUIPMENT (N) VERIZON WIRELESS ' � CABINET MOUNTED D (N) EQUIPMENT CABINET (N) N WIRELESS TELCO CABINETS MOUNTED ONTO (N) GPS ANTENNA MOUNTED ONTO TYP. OF 3) (BEYOND) CMUU WALLWALL ENCLOSURE NORTHWEST ELEVATION FINISH GRADE ELEV. 0'-0" AGL SOUTHWEST ELEVATION ISSUE STATUS rREV. DATE DESCRIPTION BY 0 04/19/16 90% ZONING DJL 1 04/25/16 100% ZONING DJL 2 10/05/16 LANDLORD COMMENTS HG 3 06/06/17 REVISIONS GC 4 06/20/17 UTILITY REVISION GC 5 05/07/19 ADD MICROWAVE DJL RIS RELIANT LAND SERVICES r 8 aq 1745 W ORANGEWOOD AVE. STE 103 ORANGE, CA 92868 WWW.RLSUSA.COM PH. (714) 685-0123 FAX (714) 453 9692 PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED LL1 Z LL I op Q c9 z m O U ®� U Z � Alm Q Cn Lo O L0 Ln Q co Q � W ry W< U U) .j 0 W Q a. W z O� Z � �Q U QJ ® Q 0 m m SHEET TITLE: ELEVATIONS RADIO FREQUENCY -ELECTROMAGNETIC ENERGY REPORT To Whom It May Concern: This letter is in reference to the proposed VZW telecommunications facility (site name: Chevalier) to be located near Big Dalton Ave and Sierra Way. Verizon Wireless has identified a deficiency in its wireless service north of Merced Ave and I-10 and south of Central Ave and Downing Ave. The determination of service deficiency in this area is based on modeled propagation maps, customer feedback and complaints, and drive data. Current traffic data from existing neighboring Verizon sites (site names: Carvette, Bellbrook and Leland Relo) do not provide adequate coverage in the areas described above. The proposed site will extend voice and data coverage to areas near the described locations and surrounding areas. The proposed installation was strategically placed, based on the availability of zoning feasible locations, to resolve coverage deficiencies and improve network reliability to the Verizon Wireless customers in the aforementioned area. To achieve that level of footprint, our engineering analysis points to a minimum antenna center of 42 feet above ground level. The coverage footprint of a cell site is affected by many factors including the height of the transmission antenna relative to its surroundings. The relation between the height of the antenna and coverage area is positively proportional; i.e. the higher the antenna the bigger the footprint. Also, any obstruction within the field of view of the antenna would pose severe negative impact on the coverage footprint. Thus, to minimize the numbers of transmission cell sites in a given area, it is necessary to have sites with relatively higher antenna effective height and no obstructions. The coverage plots submitted provides information regarding the anticipated level of signal, and therefore the projected coverage provided by this site. The area in green reflects good coverage that meets or exceeds thresholds to provide consistent and reliable network coverage in vehicles and in homes. The areas in yellow depict fair coverage, and the purple areas represent poor/weak signal suitable for outdoor use only. Gray areas represent coverage holes. Coverage Gap vs Capacity Needs There are two main drivers that prompt the need for a new cell site. One is coverage and the other is capacity. Coverage is the need to expand wireless service into an area that either has no service or bad service. The request for service often comes from customers or emergency personnel. Expansion of service could mean improving the signal levels in a large apartment complex or new residential community. It could also mean providing new service along a newly built highway. Capacity is the need for more wireless resources. Cell sites have a limited amount of resources to handle voice calls, data connections, and data volume. When these limits are reached, user experience quickly degrades. The degradation affects voice call quality and data speeds. This could mean customers may no longer be able to make/receive calls nor be able to browse the internet. It could also mean that webpages will be very slow to download. Capacity is the amount of resources a cell site has to handle customer data demands. We utilize sophisticated programs that use current usage trends to forecast future capacity needs. Since it takes an average of (1-3) years to permit and construct a cell site project, we have to start the acquisition process several years in advance to ensure the new cell site is in place before the existing cell site hits capacity limits. Location, Location, Location. A good capacity cell site needs to be in the center of the user population which ensures even traffic distribution around the cell. A typical cell site is configured in a pie shape, with each slice (aka. sector) holding 33% of the resources. Optimal performance is achieved when traffic is evenly distributed across the 3 sectors and its adjacent sites. Currently, the existing Verizon facilities near the proposed site (Chevalier) are experiencing data processing capacity stresses and degradation due to existing customer demands. There are currently excessive amounts of dropped calls, slow data processing speeds, and general service degradation in the area. Installation of the proposed site is necessary to avoid breaching system capacity limits in the area, which would result in very poor and ineffective system operations. There are a few candidates in the area that have been considered but will not work as well as the proposed site from a capacity perspective. The location at 14638 Baldwin Park Towne Center is outside of our search ring and therefore will not be considered. However, there is a coverage hole east of it and will be considered as a potential candidate for future deployments. As for the location at 14855 Pacific Ave, it can possibly work. But looking at our Proposed site, it is closer to the coverage hole and therefore a better candidate. And by applying a high antenna height (at least 52'), the site can improve indoor coverage in the area. After analyzing the performance data, coverage plots and local knowledge of the area, it is in my professional judgement that the current location and the design of the proposed site are vital for improving the network reliability, service and performance to the surrounding areas. Regards, Homer Tuazon Senior RF Design Engineer Contractor for Verizon z Radio Frequency -Electromagnetic Energy (RF-EME) Jurisdictional Report Chevlier Big Dalton Ave & Sierra Way Baldwin Park, California 91706 Los Angeles County 34° 4' 44.46" N, -1 IT 57' 30.46" W NAD83 EBI Project No. 6219005331 October 14, 2019 Prepared for: Verizon Wireless c/o Southern California 15505 Sand Canyon Avenue Building D, First Floor Irvine, CA 92618 Prepared . EBI r � r k tz t� � {e s z. � 3{� i a g RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California TABLE OF CONTENTS EXECUTIVE SUMMARY.................................................................................................................... 1.0 INTRODUCTION....................................................................................................................2 2.0 SITE DESCRIPTION...............................................................................................................2 3.0 WORST-CASE PREDICTIVE MODELING................................................................................3 4.0 MITIGATION/SITE CONTROL OPTIONS...............................................................................4 5.0 SUMMARY AND CONCLUSIONS............................................................................................5 6.0 LIMITATIONS........................................................................................................................5 APPENDICES APPENDIX A CERTIFICATIONS APPENDIX I3 RADIO FREQUENCY ELECTROMAGNETIC ENERGY SAFETY / SIGNAGE PLANS APPENDIX C FEDERAL COMMUNICATIONS COMMISSION (FCC) REQUIREMENTS EBI Consulting RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California EXECUTIVE SUMMARY Purpose of Report EnviroBusiness Inc. (dba EBI Consulting) has been contracted by Verizon Wireless ("Verizon") to conduct radio frequency electromagnetic (RF-EME) modeling for Verizon site located at Big Dalton Ave & Sierra Way in Baldwin Park, California to determine RF-EME exposure levels from proposed Verizon communications equipment at this site. As described in greater detail in Appendix C of this report, the Federal Communications Commission (FCC) has developed Maximum Permissible Exposure (MPE) Limits for the general public and for occupational activities. This report summarizes the results of RF- EME modeling in relation to relevant FCC RF-EME compliance standards for limiting human exposure to RF-EME fields. Statement of Compliance A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards. As presented in the sections below, based on worst-case predictive modeling, there are no modeled areas on any accessible ground -level walking/working surface related to the proposed antennas that exceed the FCC's occupational or general public exposure limits at this site. At the nearest walking/working surfaces to the Verizon antennas, the maximum power density generated by the Verizon antennas is approximately 1.20 percent of the FCC's general public limit (0.24 percent of the FCC's occupational limit). Recommended control measures are outlined in Section 4.0 and within the Site Safety Plan (attached); Verizon should also provide procedures to shut down and lockout/tagout this wireless equipment in accordance with Verizon's standard operating protocol. Non -telecom workers who will be working in areas of exceedance are required to contact Verizon since only Verizon has the ability to lockout/tagout the facility, or to authorize others to do so. EBI Consulting • 21 B Street • Burlington, MA 01803 • 1.800.786.2346 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California 1.0 INTRODUCTION Radio frequency waves are electromagnetic waves from the portion of the electromagnetic spectrum at frequencies lower than visible light and microwaves. The wavelengths of radio waves range from thousands of meters to around 30 centimeters. These wavelengths correspond to frequencies as low as 3 cycles per second (or hertz [Hz]) to as high as one gigahertz (one billion cycles per second). Personal Communication (PCS) facilities used by Verizon in this area will potentially operate within a frequency range of 700 to 5000 MHz. Facilities typically consist of. 1) electronic transceivers (the radios or cabinets) connected to wired telephone lines; and 2) antennas that send the wireless signals created by the transceivers to be received by individual subscriber units (PCS telephones). Transceivers are typically connected to antennas by coaxial cables. Because of the short wavelength of PCS services, the antennas require line -of -site paths for good propagation, and are typically installed a distance above ground level. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattered towards the ground or the sky. This design, combined with the low power of PCS facilities, generally results in no possibility for exposure to approach Maximum Permissible Exposure (MPE) levels, with the exception of in areas in the immediate vicinity of the antennas. MPE limits do not represent levels where a health risk exists, since they are designed to provide a substantial margin of safety. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size or health. lrxl�1G721111 D • . This project site includes the following proposed wireless telecommunication antennas on a monotree located at Big Dalton Ave & Sierra Way in Baldwin Park, California. EBI Consulting • 21 B Street • Burlington, MA 01803 • 1.800.786.2346 2 ^. .. -, 1. 4J L td W t ld = L L 3 tyd LL ��' d 7 E u�J C O i D. C W_ W O GAJ c ° c Z m `.' o Q Q Q D c( o to0 h I Verizon COMMSCOPE NHH-65C-R2B 04DT 700 700 130 0 65 8.0 120 13.58 2438.83 3999.68 1 Verizon COMMSCOPE NHH-65C-R2B 04DT 850 850 130 0 62 8.0 120 13.73 2524.53 4140.24 1 Verizon COMMSCOPE NHH-65C-R2B 02DT 1900 1900 130 0 66 8.0 320 15.72 10645.11 17457.97 2 Verizon COMMSCOPE NHH-65C-R2B 04DT 700 700 130 0 65 8.0 120 13.58 2438.83 3999.68 2 Verizon COMMSCOPE NHH-65C-R2B 04DT 850 850 130 0 62 8.0 120 13.73 2524.53 4140.24 2 Verizon COMMSCOPE NHH-65C-R2B 02DT 2100 2100 130 0 62 8.0 160 16.29 6069.04 9953.23 2 Verizon COMMSCOPE NHH-65C-R2B 02DT 2100 2100 130 0 62 8.0 160 16.29 6069.04 9953.23 3 Verizon COMMSCOPE NHH-65C-R2B 04DT 700 700 230 0 65 8.0 120 13.58 2438.83 3999.68 3 Verizon COMMSCOPE NHH-65C-R2B 04DT 850 850 230 0 62 8.0 120 13.73 2524.53 4140.24 3 Verizon COMMSCOPE NHH-65C-R2B 02DT 1900 1900 230 0 66 8.0 320 15.72 10645.11 17457.97 4 Verizon COMMSCOPE NHH-65C-R2B 04DT 700 700 230 0 65 8.0 120 13.58 2438.83 3999.68 4 Verizon COMMSCOPE NHH-65C-R2B 04DT 850 850 230 0 62 8.0 120 13.73 2524.53 4140.24 4 Verizon COMMSCOPE NHH-65C-R2B 02DT 2100 2100 230 0 62 8.0 160 16.29 6069.04 9953.23 4 Verizon COMMSCOPE NHH-65C-R2B 02DT 2100 2100 230 0 62 8.0 160 16.29 6069.04 9953.23 5 Verizon COMMSCOPE NHH-65C-R2B 04DT 700 700 20 0 65 8.0 120 13.58 2438.83 3999.68 5 Verizon COMMSCOPE NHH-65C-R2B 04DT 850 850 20 0 62 8.0 120 13.73 2524.53 4140.24 EBI Consulting • 21 B Street • Burlington, MA 01803 • 1.800.786.2346 2 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California 5 Verizon COMMSCOPE NHH-65C-R2B 02DT 1900 1900 20 0 66 8.0 1 320 15.72 10645.11 17457.97 6 Verizon COMMSCOPE NHH-65C-R2B 04DT 700 700 20 0 65 8.0 120 13.58 2438.83 3999.68 6 Verizon COMMSCOPE NHH-65C-R2B 04DT 850 850 20 0 62 8.0 120 13.73 2524.53 4140.24 6 Verizon COMMSCOPE NHH-65C-R2B 02DT 2100 2100 20 0 62 8.0 160 16.29 6069.04 9953.23 6 Verizon COMMSCOPE NHH-65C-R2B 02DT 2100 2100 20 0 62 8.0 160 16.29 6069.04 9953.23 • Note there are 2 Verizon antennas per sector at this site. For clarity, the different frequencies for each antenna are entered on separate lines. Ant # NAME X Y Antenna Radiation Centerline Z -Height Equipment Cabinet Z -Height Ground I Verizon 51.1 30.1 42.0 36.0 42.0 2 Verizon 49.5 30.2 42.0 36.0 42.0 3 Verizon 46.2 24.0 42.0 36.0 42.0 4 Verizon 46.5 23.1 42.0 36.0 42.0 5 Verizon 54.5 22.9 42.0 36.0 42.0 6 Verizon 55.2 23.8 42.0 36.0 42.0 • Note the Z -Height represents the distance from the antenna centerline. The above tables contain an inventory of proposed Verizon Antennas and other carrier antennas if sufficient information was available to model them. Note that EBI uses an assumed set of antenna specifications and powers for unknown and other carrier antennas for modeling purposes. The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupational/controlled exposure limits (for workers) and general population/uncontrolled exposure limits for members of the general public that may be exposed to antenna fields. While access to this site is considered uncontrolled, the analysis has considered exposures with respect to both controlled and uncontrolled limits as an untrained worker may access adjacent rooftop locations. Additional information regarding controlled/uncontrolled exposure limits is provided in Appendix C. Appendix B presents a site safety plan that provides a plan view of the monotree with antenna locations. 3.0 WORST-CASE PREDICTIVE MODELING EBI has performed theoretical MPE modeling using RoofMasterTM software to estimate the worst-case power density at the site's nearby broadcast levels resulting from operation of the antennas. RoofMasterTM is a widely -used predictive modeling program that has been developed by Waterford Consultants to predict RF power density values for rooftop and tower telecommunications sites produced by vertical collinear antennas that are typically used in the cellular, PCS, paging and other communications services. Using the computational methods set forth in Federal Communications Commission (FCC) Office of Engineering & Technology (OET) Bulletin 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields" (OET-65), RoofMasterTM calculates predicted power density in a scalable grid based on the contributions of all RF sources characterized in the study scenario. At each grid location, the cumulative power density is expressed as a percentage of the FCC limits. Manufacturer antenna pattern data is utilized in these calculations. RoofMasterTM models consist of the Far Field model as specified in OET-65 and an implementation of the OET-65 Cylindrical Model (Sula9). The models utilize several operational EBI Consulting • 21 B Street • Burlington, MA 01803 • 1.800.786.2346 Size of Microwave Dish Microwave NAME Microwave Dish Radiation Ground Centerline I Verizon 4 34.0 32.0 The above tables contain an inventory of proposed Verizon Antennas and other carrier antennas if sufficient information was available to model them. Note that EBI uses an assumed set of antenna specifications and powers for unknown and other carrier antennas for modeling purposes. The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupational/controlled exposure limits (for workers) and general population/uncontrolled exposure limits for members of the general public that may be exposed to antenna fields. While access to this site is considered uncontrolled, the analysis has considered exposures with respect to both controlled and uncontrolled limits as an untrained worker may access adjacent rooftop locations. Additional information regarding controlled/uncontrolled exposure limits is provided in Appendix C. Appendix B presents a site safety plan that provides a plan view of the monotree with antenna locations. 3.0 WORST-CASE PREDICTIVE MODELING EBI has performed theoretical MPE modeling using RoofMasterTM software to estimate the worst-case power density at the site's nearby broadcast levels resulting from operation of the antennas. RoofMasterTM is a widely -used predictive modeling program that has been developed by Waterford Consultants to predict RF power density values for rooftop and tower telecommunications sites produced by vertical collinear antennas that are typically used in the cellular, PCS, paging and other communications services. Using the computational methods set forth in Federal Communications Commission (FCC) Office of Engineering & Technology (OET) Bulletin 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields" (OET-65), RoofMasterTM calculates predicted power density in a scalable grid based on the contributions of all RF sources characterized in the study scenario. At each grid location, the cumulative power density is expressed as a percentage of the FCC limits. Manufacturer antenna pattern data is utilized in these calculations. RoofMasterTM models consist of the Far Field model as specified in OET-65 and an implementation of the OET-65 Cylindrical Model (Sula9). The models utilize several operational EBI Consulting • 21 B Street • Burlington, MA 01803 • 1.800.786.2346 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California specifications for different types of antennas to produce a plot of spatially -averaged power densities that can be expressed as a percentage of the applicable exposure limit. For this report, EBI utilized antenna and power data provided by Verizon and compared the resultant worst-case MPE levels to the FCC's occupational/controlled exposure limits outlined in OET Bulletin 65. The assumptions used in the modeling are based upon information provided by Verizon and information gathered from other sources. The parameters used for modeling are summarized in the Site Description antenna inventory table in Section 2.0. There are no other wireless carriers with equipment installed at this site. Based on worst-case predictive modeling, there are no modeled areas on any accessible ground -level walking/working surface related to the proposed Verizon antennas that exceed the FCC's occupational or general public exposure limits at this site. At the nearest walking/working surfaces to the Verizon antennas, the maximum power density generated by the Verizon antennas is approximately 1.20 percent of the FCC's general public limit (0.24 percent of the FCC's occupational limit). The composite exposure level from all carriers on this site is approximately 1.20 percent of the FCC's general public limit (0.24 percent of the FCC's occupational limit) at the nearest walking/working surface to each antenna. The Site Safety Plan also presents areas where Verizon Wireless antennas contribute greater than 5% of the applicable MPE limit for a site. A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards. The inputs used in the modeling are summarized in the Site Description antenna inventory table in Section 2.0. A graphical representation of the RoofMasterTM modeling results is presented in Appendix B. It should be noted that RoofMasterTM is not suitable for modeling microwave dish antennas; however, these units are designed for point-to-point operations at the elevations of the installed equipment rather than ground level coverage. EBI's modeling indicates that there are no areas in front of the Verizon antennas that exceed the FCC standards for occupational or general public exposure. All exposures above the FCC's safe limits require that individuals be elevated above the rooftop/ground. In order to alert people accessing the monotree, a Guidelines sign and an NOC Information sign are recommended for installation at each access point to the monotree. There are no barriers recommended on this site. These protocols and recommended control measures have been summarized and included with a graphic representation of the antennas and associated signage and control areas in a RF-EME Site Safety Plan, which is included as Appendix B. Individuals and workers accessing the monotree should be provided with a copy of the attached Site Safety Plan, made aware of the posted signage, and signify their understanding of the Site Safety Plan. To reduce the risk of exposure, EBI recommends that access to areas associated with the active antenna installation be restricted and secured where possible. Implementation of the signage recommended in the Site Safety Plan and in this report will bring this site into compliance with the FCC's rules and regulations. EBI Consulting • 21 B Street • Burlington, MA 01803 • 1.800.786.2346 4 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California 5.0 SUMMARY AND CONCLUSIONS EBI has prepared a Radiofrequency — Electromagnetic Energy (RF-EME) Compliance Report for telecommunications equipment installed by Verizon Site located at Big Dalton Ave & Sierra Way in Baldwin Park, California to determine worst-case predicted RF-EME exposure levels from wireless communications equipment installed at this site. This report summarizes the results of RF-EME modeling in relation to relevant Federal Communications Commission (FCC) RF-EME compliance standards for limiting human exposure to RF-EME fields. As presented in the sections above, based on the FCC criteria, there are no modeled areas on any accessible ground -level walking/working surface related to the proposed antennas that exceed the FCC's occupational or general public exposure limits at this site. Workers should be informed about the presence and locations of antennas and their associated fields. Recommended control measures are outlined in Section 4.0 and within the Site Safety Plan (attached); Verizon should also provide procedures to shut down and lockout/tagout this wireless equipment in accordance with Verizon's standard operating protocol. Non -telecom workers who will be working in areas of exceedance are required to contact Verizon since only Verizon has the ability to lockout/tagout the facility, or to authorize others to do so. 6.0 LIMITATIONS This report was prepared for the use of Verizon Wireless. It was performed in accordance with generally accepted practices of other consultants undertaking similar studies at the same time and in the same locale under like circumstances. The conclusions provided by EBI are based solely on the information provided by the client. The observations in this report are valid on the date of the investigation. Any additional information that becomes available concerning the site should be provided to EBI so that our conclusions may be revised and modified, if necessary. This report has been prepared in accordance with Standard Conditions for Engagement and authorized proposal, both of which are integral parts of this report. No other warranty, expressed or implied, is made. EBI Consulting • 21 B Street • Burlington, MA 01803 • 1.800.786.2346 5 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California Appendix A Certifications EBI Consulting • 21 B Street • Burlington, MA 01803 • 1.800.786.2346 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave &;Sierra Way, Baldwin Park, CA Reviewed and Approved by: sealed 14oct2019' Michael A McGuire PE Electrical Engineer` mikeah2dc.com Note that EBI's scope of work is limited to an evaluation of the Radio Frequency — Electromagnetic Energy (RF- EME) field generated by the antennas and broadcast equipment noted in this report:. The engineering -and design of the structure, as well as the impact of the antennas and broadcast equipment on the structural integrity of the structure, are specifically excluded from EBI's scope of work. EBI Consulting RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California Preparer Certification I, Rebecca Sinisgalli, state that: ■ 1 am an employee of EnviroBusiness Inc. (d/b/a EBI Consulting), which provides RF-EME safety and compliance services to the wireless communications industry. ■ I have successfully completed RF-EME safety training, and I am aware of the potential hazards from RF-EME and would be classified "occupational" under the FCC regulations. ■ I am fully aware of and familiar with the Rules and Regulations of both the Federal Communications Commissions (FCC) and the Occupational Safety and Health Administration (OSHA) with regard to Human Exposure to Radio Frequency Radiation. ■ I have reviewed the data provided by the client and incorporated it into this Site Compliance Report such that the information contained in this report is true and accurate to the best of my knowledge. EBI Consulting • 21 B Street • Burlington, MA 01803 • 1.800.786.2346 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California Radio Frequency Electromagnetic Energy Safety Information and Signage Plans EBI Consulting • 21 B Street • Burlington, MA 01803 • 1.800.786.2346 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California Nearest Walking Surface Simulation EBI Consulting • 21 B Street • Burlington, MA 01803 + 1.800.786.2346 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California Ground Level Simulation EBI Consulting • 21 B Street • Burlington, MA 01803 + 1.800.786.2346 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California Verizon Signage Plan GROUND, LEVFL-O' SECTOR t II 33 SECTOR Ca., EQUIPMENTEQUIPMENT1„WNFT-6' ( pp{ 3 I IP 3 . II ' -7 i w \1" *Post Signs to the Access Gate GROUND LML4 SECTOR B Sign Posting Instructions Required Signage !'Mitigation Securely post at every point of access to the site in a manner I sign to the access gate. conspicuous to all individuals entering thereon as indicated in the ' a� signage plan. I sign to the access gate. Securely post at every point of access to the site. EBI Consulting • 21 B Street • Burlington, MA 01803 • 1.800.786.2346 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California RF Signage and Safety Information RF Signage Areas or portions of any transmitter site may be susceptible to high power densities that could cause personnel exposures in excess of the FCC guidelines. These areas must be demarcated by conspicuously posted signage that identifies the potential exposure. Signage MUST be viewable regardless of the viewer's position. GUIDELINES NOTICE CAUTION WARNING This sign will inform anyone of This sign indicates that RF This sign indicates that RF This sign indicates that RF the basic precautions to emissions may exceed the emissions may exceed the emissions may exceed at least follow when entering an area FCC General Population MPE FCC Occupational MPE limit. I Ox the FCC Occupational with transmitting limit. MPE limit. radiofreouencv eauiDment. NOC INFORMATION Control Information signs are used as a means to provide contact information for any questions or This on ACCESS POINT 2n concerns. They will include specific cell site identification information and the Verizon Wireless rca vAth tsamm�nti g AFStxmmas. M yu„ Network Operations Center phone number. ,a: 'xr • Employ medical surveillance and accident ------------------------- lvflzcw Phvsical Barriers Physical barriers are control measures that require awareness and participation of personnel. Physical barriers are employed as an additional administration control to complement RF signage and physically demarcate an area in which RF exposure levels may exceed the FCC General Population limit. Example: chain -connected stanchions Indicative Markers Indicative markers are visible control measures that require awareness and participation of personnel, as they cannot physically prevent someone from entering an area of potential concern. Indicative markers are employed as an additional administration control to complement RF signage and visually demarcate an area in which RF exposure levels may exceed the FCC General Population limit. Example: paint stripes Occupational Safety and Health Administration (OSHA) Requirements A formal adopter of FCC Standards, OSHA stipulates that those in the Occupational classification must complete training in the following: RF Safety, RF Awareness, and Utilization of Personal Protective Equipment. OSHA also provides options for Hazard Prevention and Control: Hazard Prevention Control • Utilization of good equipment • Employ Lockout/Tag out • Enact control of hazard areas • Utilize personal alarms & protective clothing • Limit exposures • Prevent access to hazardous locations • Employ medical surveillance and accident • Develop or operate an administrative response control program EBI Consulting • 21 B Street • Burlington, MA 01803 • 1.800.786.2346 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California Federal Communications Commission (FCC) Requirements EBI Consulting • 21 B Street • Burlington, MA 01803 • 1.800.786.2346 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California The FCC has established Maximum Permissible Exposure (MPE) limits for human exposure to Radiofrequency Electromagnetic (RF-EME) energy fields, based on exposure limits recommended by the National Council on Radiation Protection and Measurements (NCRP) and, over a wide range of frequencies, the exposure limits developed by the Institute of Electrical and Electronics Engineers, Inc. (IEEE) and adopted by the American National Standards Institute (ANSI) to replace the 1982 ANSI guidelines. Limits for localized absorption are based on recommendations of both ANSI/IEEE and NCRP. The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupational/controlled exposure limits (for workers) and general public/uncontrolled exposure limits for members of the general public. Occupational/controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. Occupational/ controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above general public/uncontrolled limits (see below), as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other appropriate means. General public/uncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general public would always be considered under this category when exposure is not employment-related, for example, in the case of a telecommunications tower that exposes persons in a nearby residential area. Table I and Figure I (below), which are included within the FCC's OET Bulletin 65, summarize the MPE limits for RF emissions. These limits are designed to provide a substantial margin of safety. They vary by frequency to take into account the different types of equipment that may be in operation at a particular facility and are "time -averaged" limits to reflect different durations resulting from controlled and uncontrolled exposures. The FCC's MPEs are measured in terms of power (mW) over a unit surface area (cm2). Known as the power density, the FCC has established an occupational MPE of 5 milliwatts per square centimeter (mW/cm2) and an uncontrolled MPE of I mW/cm2 for equipment operating in the 1900 MHz frequency range. For the Verizon equipment operating at 700 MHz or 850 MHz, the FCC's occupational MPE is 2.83 mW/cm2 and an uncontrolled MPE of 0.57 mW/cm2. For the Verizon equipment operating at 1900 MHz, the FCC's occupational MPE is 5.0 mW/cm2 and an uncontrolled MPE limit of 1.0 mW/cm2. These limits are considered protective of these populations. EBI Consulting ♦ 21 B Street + Burlington, MA 01803 + 1.800.786.2346 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California Table 1: Limits for Maximum Permissible Exposure (MPE) (A) Limits for Occupational/Controlled Exposure Frequency Range (MHz) Electric Field Strength (E) (V/m) Magnetic Field Strength (H) (Alm) Power Density (S) (MW/CM2) Averaging Time [E]2, [H]', or S (minutes) 0.3-3.0 614 1.63 (100)* 6 3.0-30 1842/f 4.89/f (9001e)* 6 30-300 1 61.4 0.163 1 1.0 1 6 300-1,500 f/300 6 1,500-100,000 5 6 (B) Limits for General Public/Uncontrolled Exposure Frequency Range (MHz) Electric Field Strength (E) (V/M) Magnetic Field Strength (H) (A/m) Power Density (S) (nnw/cm') Averaging Time [E]" [H]', or S (minutes) 0.3-1.34 614 1.63 (100)* 30 1.34-30 824/f 2.19/f (I 80/f)* 30 30-300 27.5 0.073 0.2 1 30 300-1,500 f/ 1,500 30 1,500-100,000 1.0 30 f = Frequency in (MHz) * Plane -wave equivalent power density E 100 E 10 5 I 0 n Plane -wave EquivVent Power Density I_ OccupatfonallCont, ofied Exposure G a? eoar. Population/Uncontrolled Exposue --------------------------------- - -------------- - ----- ..... ] 0.03 V-3 'I 134 Frequency (MHz) 1 3,000 30,000 � 300,000 1,500 100,000 EBI Consulting + 21 B Street + Burlington, MA 01803 + 1.800.786.2346 RF-EME Compliance Report EBI Project No. 6219005331 Big Dalton Ave & Sierra Way, Baldwin Park, California Based on the above, the most restrictive thresholds for exposures of unlimited duration to RF energy for several personal wireless services are summarized below: Personal Wireless Service Approximate OccupationalFrequency Mph Public MPE Microwave (Point -to -Point) 5,000 - 80,000 MHz 5.00 mW/cm2 1.00 mW/cm2 Broadband Radio (BRS) 2,600 MHz 5.00 mW/cm2 1.00 mW/cm2 Wireless Communication (WCS) 2,300 MHz 5.00 mW/cm2 1.00 mW/cm2 Advanced Wireless (AWS) 2,100 MHz 5.00 mW/cm2 1.00 mW/cm2 Personal Communication (PCS) 1,950 MHz 5.00 mW/cm2 1.00 mW/cm2 Cellular Telephone 870 MHz 2.90 mW/cm2 0.58 mW/cm2 Specialized Mobile Radio (SMR) 855 MHz 2.85 mW/cm2 0.57 mW/cm2 Long Term Evolution (LTE) 700 MHz 2.33 mW/cm2 0.47 mW/cm2 Most Restrictive Frequency Range 30-300 MHz 1.00 mW/cm2 0.20 mW/cm2 MPE limits are designed to provide a substantial margin of safety. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Personal Communication (PCS) facilities used by Verizon in this area will potentially operate within a frequency range of 700 to 2100 MHz. Facilities typically consist of. 1) electronic transceivers (the radios or cabinets) connected to wired telephone lines; and 2) antennas that send the wireless signals created by the transceivers to be received by individual subscriber units (PCS telephones). Transceivers are typically connected to antennas by coaxial cables. Because of the short wavelength of PCS services, the antennas require line -of -site paths for good propagation, and are typically installed above ground level. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattered towards the ground or the sky. This design, combined with the low power of PCS facilities, generally results in no possibility for exposure to approach Maximum Permissible Exposure (MPE) levels, with the exception of areas directly in front of the antennas. FCC Compliance Requirement A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards. EBI Consulting ♦ 21 B Street + Burlington, MA 01803 + 1.800.786.2346 PHOTOS OF EXISTING SITE 1111`111 ♦ , ♦ t ' _� " Alk Ah &MA M 1 U4aMAM.'AU6 Prepared By: (745 W. Orangewood Avenue, Suite 103 Orange, California 92868 (714) 685-0123 RELIANT I -AND SERVICES PROPOSED VIEW I EXISTING Accuracy of photo simulation based upon information provided by project applicant. The proposed installation is an artistic representation, and not intended to be an exact reproduction. The final installation will have cables, cable ports, and various attachments, such as antennas, nuts, and bolts. Every effort will be made to disguise these components and they will not be readily apparent to the casual observer or passerby. However, upon close scrutiny, the true nature of the installation will be apparent. " Alk Ah &MA M 1 U4aMAM.'AU6 Prepared By: (745 W. Orangewood Avenue, Suite 103 Orange, California 92868 (714) 685-0123 RELIANT I -AND SERVICES PROPOSED VIEW 2 EXISTING Accuracy of photo simulation based upon information provided by project applicant. The proposed installation is an artistic representation, and not intended to be an exact reproduction. The final installation will have cables, cable ports, and various attachments, such as antennas, nuts, and bolts. Every effort will be made to disguise these components and they will not be readily apparent to the casual observer or passerby. However, upon close scrutiny, the true nature of the installation will be apparent. " Alk Ah &MA M 1 U4aMAM.'AU6 Prepared By: (745 W. Orangewood Avenue, Suite 103 Orange, California 92868 (714) 685-0123 RELIANT I -AND SERVICES PROPOSED VIEW 3 EXISTING Accuracy of photo simulation based upon information provided by project applicant. The proposed installation is an artistic representation, and not intended to be an exact reproduction. The final installation will have cables, cable ports, and various attachments, such as antennas, nuts, and bolts. Every effort will be made to disguise these components and they will not be readily apparent to the casual observer or passerby. However, upon close scrutiny, the true nature of the installation will be apparent. " Alk Ah &MA M 1 U4aMAM.'AU6 Prepared By: (745 W. Orangewood Avenue, Suite 103 Orange, California 92868 (714) 685-0123 RELIANT I -AND SERVICES PROPOSED VIEW 4 EXISTING Accuracy of photo simulation based upon information provided by project applicant. The proposed installation is an artistic representation, and not intended to be an exact reproduction. The final installation will have cables, cable ports, and various attachments, such as antennas, nuts, and bolts. Every effort will be made to disguise these components and they will not be readily apparent to the casual observer or passerby. However, upon close scrutiny, the true nature of the installation will be apparent. J M X CHEVALIER MTX 51 / BSC 02 MCE UNADDRESSED (APN: 8460-001-901), BALDWIN PARK, CA 91706 OVERALL HEIGHT = "° (Meter Address: 3615)/2Big Dalton, Baldwin Park, CA 91706) PROJECT TEAM SITE ACQUISITION PLANNING RELIANT LAND SERVICES, INC. RELIANT LAND SERVICES, INC. 1745 W. ORANGEWOOD AVE., SUITE 103 1745 W. ORANGEWOOD AVE., SUITE 103 ORANGE, CA 92868 ORANGE, CA 92868 CONTACT: MARYANN NEWARD CONTACT: MARYANN NEWARD TELEPHONE: (847) 571-2738 TELEPHONE: (847) 571-2738 RELIANT LAND SERVICES, INC. 1745 W. ORANGEWOOD AVE., SUITE 103 ORANGE, CA 92868 CONTACT: JOY SALAS TELEPHONE: (714) 685-0123 UTILITY COORDINATOR: VINCULUMS SERVICES, INC. CONTACT: GARY KRAUS TELEPHONE: (949) 929-1467 FLOYD SURVEYING 28936 OLD TOWN FRONT ST., SUITE 203 TEMECULA, CA 92590 CONTACT: DAVID FLOYD TELEPHONE: (951) 694-8647 PROFESSIONAL ENGINEER: RELIANT LAND SERVICES, INC. 1745 W. ORANGEWOOD AVE., SUITE 103 ORANGE, CA 92868 CONTACT: CHRIS LEE TELEPHONE: (949) 468-9702 VERIZON WIRELESS SIGNATURE BLOCK DISCIPLINE: SIGNATURE: DATE: RE VENDOR: D N > D A&E VENDOR: DJL z0 m A&E COORDINATOR: z o D LOS ANGELES ST UTILITY VENDOR: < p z rn m G RF: 1 o RE: GC A-1 CE: 5 �O EE: SITE A-3 TRANSPORT: 5 A-4 VZW DWG TEMPLATE T-1 V1.0 12/28/2015 PROJECT DESCRIPTION THIS PROJECT IS A VERIZON WIRELESS UNMANNED TELECOMMUNICATION WIRELESS FACILITY. IT WILL CONSIST OF THE FOLLOWING: • NEW VERIZON WIRELESS 22'-0" x 22'-0" x 6'-0" H. CMU WALL ENCLOSURE/LEASE AREA • (2) NEW VERIZON WIRELESS RADIO EQUIPMENT CABINETS ON (P) CONCRETE PAD • (1) NEW VERIZON WIRELESS 15KW / 54 GALLON DIESEL STANDBY GENERATOR ON (P) CONCRETE PAD • (1) NEW VERIZON WIRELESS GPS ANENNA • (1) ILC AND TELCO BOX MOUTED ON NEW CMU WALL • (12) NEW VERIZON WIRELESS 8' TALL PANEL ANTENNAS • (18) NEW VERIZON WIRELESS RRUS • (3) NEW VERIZON WIRELESS RAYCAPS • (1) NEW VERIZON WIRELESS 4-0 MICROWAVE • NEW VERIZON WIRELESS 52'-0"H. MONO -EUCALYPTUS VICINITY MAP REV T-1 TITLE SHEET D N > D _ � DJL z0 m y z o D LOS ANGELES ST SITE SURVEY < p z rn m G SITE SURVEY 1 o m GC A-1 BADILLO ST 5 �O EQUIPMENT PLAN, ANTENNA LAYOUT SITE A-3 ��'° 605 RPM0 NIB- 5 A-4 ARCHITECTURAL ELEVATIONS 5 SQG/ OP\• � yLc� RELIANT LAND SERVICES r 8 aq 10 L� O� PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED 0 LL z Woo > T_ Q C-0 z rn O U Q C] > z � Q Cn L0 G:) 1 NOT TO SCALE (jc) NORTH FROM: VERIZON OFFICE TO: BIG DALTON AVE/SIERRA WAY BALDWIN PARK, CA 91706 1. HEAD SOUTHEAST TOWARD SAND CANYON SIDE PATH 2. TURN LEFT ONTO SAND CANYON AVE 3. USE THE LEFT 2 LANES TO TURN LEFT TO MERGE ONTO 1-5 N 4. MERGE ONTO 1-5 N 5. USE THE RIGHT 2 LANES TO TAKE EXIT 107A FOR CA -57 N TOWARD POMONA 6. CONTINUE ONTO CA -57 NSTAY ON CA -57 N 7. KEEP RIGHT AT THE FORK TO STAY ON CA -57 N 8. USE THE RIGHT 2 LANES TO TAKE EXIT 21 TO MERGE ONTO 1-10 W TOWARD LOS ANGELES 9. TAKE EXIT 34A FOR PACIFIC AVE TOWARD W COVINA PKWY 10. TURN LEFT ONTO W PACIFIC AVE 11. TURN LEFT ONTO BIG DALTON AVE 12. DESTINATION WILL BE ON THE RIGHT APPLICANT/LESSEE 15505 SAND CANYON AVENUE, D1 IRVINE, CA 92618 OFFICE: (949) 286-7000 APPLICANT'S REPRESENTATIVE RELIANT LAND SERVICES, INC. 1745 W. ORANGEWOOD AVE., SUITE 103 ORANGE, CA 92868 CONTACT: MARILYN WARREN TELEPHONE: (949) 877-6639 PROPERTY OWNER: VALLEY COUNTY WATER DISTRICT 14521 RAMONA BLVD BALDWIN PARK, CA 91706 CONTACT: LYNDA NORIEGA TELEPHONE: (626) 338-7301 SITE NAME: CHEVALIER SITE ADDRESS: BIG DALTON AVE & SIERRA WAY BALDWIN PARK, CA 91706 JURISDICTION: CITY OF BALDWIN PARK CONSTRUCTION INFORMATION ASSESSOR'S PARCEL NUMBER APN: 8460-001-900 (ACCESS), 8460-001-901 (LEASE AREA) AREA OF CONSTRUCTION: 22'-0" X 22'-0" (484 SQ FT) OCCUPANCY: WATER WELL FACILITY TYPE OF CONSTRUCTION: S-2 CURRENT ZONING: R1 ADA COMPLIANCE: FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. MACHINERY SPACES ARE EXEMPT FROM ACCESSIBILITY REQUIREMENTS PER THE CBC SECTION 11B-203.5. .� • L 'A •' • DO NOT SCALE DRAWINGS CONTRACTOR SHALL VERIFY ALL PLANS AND EXISTING DIMENSIONS AND CONDITIONS ON THE JOB SITE AND SHALL IMMEDIATELY NOTIFY THE ARCHITECT IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR THE SAME. CODE COMPLIANCE • 2016 CALIFORNIA ENERGY CODE • 2016 CALIFORNIA MECHANICAL CODE • 2016 CALIFORNIA BUILDING CODE • 2016 CALIFORNIA PLUMBING CODE • 2016 CALIFORNIA ELECTRICAL CODE • SHELTER IS STATE OF CALIFORNIA • 2016 CALIFORNIA FIRE CODE APPROVED AND INSPECTED, NOT FOR • 2016 CALIFORNIA GREEN BUILDING CODE LOCAL INSPECTION. SHEET DESCRIPTION REV T-1 TITLE SHEET 5 04/19/16 90% ZONING DJL LS -1 SITE SURVEY 1 LS -2 SITE SURVEY 1 LS -3 SITE SURVEY 1 06/06/17 REVISIONS GC A-1 SITE PLAN 5 A-2 EQUIPMENT PLAN, ANTENNA LAYOUT 5 A-3 ARCHITECTURAL ELEVATIONS 5 A-4 ARCHITECTURAL ELEVATIONS 5 RELIANT LAND SERVICES r 8 aq 1745 W ORANGEWOOD AVE. STE 103 ORANGE, CA 92868 WWW.RLSUSA.COM PH. (714) 685-0123 FAX (714) 453-9692 PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED 0 LL z Woo > T_ Q C-0 z rn O U ®® U Z_ C] > z � Q Cn L0 G:) L0 L0 (jc) Q � W r� ZONING DRAWINGS TO OBTAIN LOCATION OF PARTICIPANTS UNDERGROUND FACILITIES BEFORE YOU DIG IN CALIFORNIA (SOUTH), CALL DIG ALERT TOLL FREE: 1-800-227-2600 OR www.digalert.org CALIFORNIA STATUTE REQUIRES MIN OF 2 Know what's below. WORKING DAYS NOTICE Cal I before you dig. BEFORE YOU EXCAVATE ISSUE STATUS rREV. DATE DESCRIPTION BY 0 04/19/16 90% ZONING DJL 1 04/25/16 100% ZONING DJL 2 10/05/16 LANDLORD COMMENTS HG 3 06/06/17 REVISIONS GC 4 06/20/17 UTILITY REVISION GC 5 05/07/19 ADD MICROWAVE DJL RELIANT LAND SERVICES r 8 aq 1745 W ORANGEWOOD AVE. STE 103 ORANGE, CA 92868 WWW.RLSUSA.COM PH. (714) 685-0123 FAX (714) 453-9692 PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED 0 LL z Woo > T_ Q C-0 z rn O U ®® U Z_ C] > z � Q Cn L0 G:) L0 L0 (jc) Q � W r� EQ U U) C,6 E Q W z 0J UJ Q !D v CO m --A SHEET TITLE: TITLE SHEET T=1 A SSUE STATUS rREV. DATE DESCRIPTION BY 0 4/01/2016 SITE SURVEY DF J t"MY ,*5 1M1 mx+c.tH ^9xw. . ti 5 ��5 _ liw�dae 4/19/2016 OWNER'S NAME: VALLEY COUNTY WATER DISTRICT & BALDWIN PARK COUNTY WATER DISTRICT ,"e6San Bgr ardin� , PARCEL NUMBER(S) 8460-001-901 & 900 J'iASSESSOR'S E .. (NAD 83; Epoch 2010) / '/ FLOYD DY B�d�I�drra st r e _. A c i i z � I i F.a��,x4` t`erne@J J I vE P- °'i 34006 GALLERON STREET BASIS OF BEARINGS: OFFICE: (949) 200-0626 / // PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED "$ �- ( .z € �s i` Morgir Parks tla P ;fjfi�Rt]tE tyYB ldk'aYk UV�.?F'm� li ii i €u %- "fit`. E w THE BEARINGS SHOWN HEREON ARE BASED ON NAD 1983 CALIFORNIA Q � / � z v ®® U Lii D � Y Ltl6icah �' ,- padt � � I i LC) LC) STATE PLANE COORDINATE SYSTEM — ZONE 5. AS DETERMINED BY G.P.S. OBSERVATIONS, USING TRIMBLE 5700/5800 RECEIVERS ANDILI / 111, OF i >Q C) O kX YvJ?uenC �sG - U) v TRIMBLE GEODETIC OFFICE 1.60 SOFTWARE.Ji z� > w a_ W Q Z Z ®J Q UJ Q In BASIS OF ELEVATIONS: NAVD 1988 SHEET TITLE: SITE SURVEY GENERAL INFORMATION LS1 ELEVATIONS ARE BASED ON GPS OBSERVATIONS FROM TWO NATIONAL / _� ,Enr GEODETIC SURVEY C.O.R.S. REFERENCE STATIONS: 1) JPLM' ELEVATION = 1503.49' AND 2) PIN1, ELEVATION = 4233.46' WITH GEOID 2012 CORRECTIONS APPLIED. / SITE DATA / LA CO FLOOD CONTROL �a r'kt 9 au!' w i. -.w .cv2RtacresaR Carj, 3CaR and ar 25 5 oaErs 4l+sv.t t_�sae? FEMA FLOOD ZONE DESIGNATION: DISTRICT / County: LOS ANGELES Effective Date: 9/26/2008 APN:8554-016-900 / LIU VICINITY MAP Map/Panel: 06037C1700F / APN:8460-001-021 The Flood Zone Designation for this site is: ZONE: X �`� e� / \ �` ��\ \/ HEREDIA FEMA FLOOD ZONE INFORMATION o \ SEE ITEM #4 OF PTR APN:8460-001-020 >z°os' SEE PAGE LS3 FOR DESCRIPTION PROPERTY LEGAL DESCRIPTION VALLEY COUNTY WATER / / �\ \ DISTRICT TITLE REPORT NOTES: THE FOLLOWING EASEMENTS EFFECT SAID PARCEL AND ARE SHOWN % / \ \ APN:8460-001-901 // \ \ \ ° �' QUINONEZ APN:8UINONE1-019 � c� ` HEREON. SEE PRELIMINARY TITLE REPORT NO. O—SA-5146293 i / \�\�� \\\\ PREPARED BY FIRST AMERICAN TITLE AND DATED MARCH 28, 2016 FOR OTHER DOCUMENTS (NON—EASEMENTS) EFFECTING SAID PROPERTY. \\ \\\\ '2i LEGEN D ITEM #4 — An easement for public utilities and incidental purposes in the document BOOK 46276, PAGE 184 Official /� \�\� \\�\\ recorded as of Records. / / \ \ \ \ These standard symbols will be found in the drawing. \ (AS SHOWN HEREON —DOES NOT CROSS LEASE AREA) ;/ a ITEM #5 — An easement for TO LAY PIPE LINES, DITCHES AND CONDUITS THEREON, WITH A FURTHER RIGHT AT ALL TIMES TO ENTER SFF� e BOLLARD y GUY WIRE D C CORP \ iT �^� UPON SAID LAND TO INSPECT, REPAIR, REPLACE, USE AND MAINTAIN APN:8460-001-04'7 \ F2�� Gp �� 00 O FOUND MONUMENT THE SAME and incidental purposes, recorded in Book 2867 of Deeds, Page 190. \ �� 01 �4~ °� TREE DECIDUOUS (DOES NOT CROSS SAID PARCEL A OR B) MENJIVAR\ APN: 8460— 001— 040 �R` , ATS �4\� Oma/ /off 0 TREE CONIFEROUS �� UTILITY POLE ITEM #6 — An easement for STREET PURPOSES and incidental WATER METER purposes in the document recorded as BOOK 6795, PAGE 48 of Official Records. ���yy� �� ��a \\ �� q� ; WATER VALVE $ GEODETIC POINT (AS SHOWN HEREON —BIG DALTON AVENUE) �� ; BUILDING ITEM #7 — AN EASEMENT OVER ALL OF PARCEL 1 AND OVER THE \\ ti�00 ASPH ASPHALT SURFACE SOUTHWESTERLY 16 FEET OF PARCEL 2 FOR ROAD PURPOSES, AS RESERVED BY EVERETT F. TICE AND LULUBELLE TICE, HUSBAND AND ALVAREZ \ ; EC EDGE OF CONCRETE ELTR ELECTRICAL TRANSFORMER WIFE, IN DEED RECORDED DECEMBER 3, 1954. APN:8460-001-041 ORTIZ Q�. \ EP EDGE OF PAVEMENT (AS SHOWN HEREON —DOES NOT CROSS LEASE AREA) APN: 8460-001-042 s � s ; FL FLOWLINE CURB & GUTTER ITEM #8 — An easement for PUBLIC ROAD AND HIGHWAY and \�<`2i �9os, ; FNCP FENCE TOP LIP LIP OF GUTTER incidental purposes, recorded as BOOK 4559, PAGE 177 of Official \�o F i RTOP ROOF TOP Records. A000 SDINL STORMDRAIN INLET In Favor of: COUNTY OF LOS ANGELES\� T� SW SIDEWALK (AS SHOWN HEREON —BIG DALTON AVENUE) WONG \ i APN:8460-001-043 \ TC TOP OF CURB TRTP TREE TOP DECIDUOUS ITEM #10 — An easement for RIGHT OF WAY and incidental purposes, \\ TRTP3 TREE TOP CONIFEROUS TW TOP OF WALL recorded FEBRUARY 24, 1955 as INSTRUMENT NO. 5324 IN BOOK \ ; 47010, PAGE 127 of Official Records. \\ i// VG V—GUTTER In Favor of: SOUTHERN COUNTIES GAS COMPANY OF \ WROH WIRE OVERHEAD CALIFORNIA, A CORPORATION \ — — BOUNDARY LINE (AS SHOWN HEREON —DOES NOT CROSS LEASE AREA) COOK — CENTER LINE END OF EASEMENTS C�,S, APN: 8460-001-044 0 / MISC. PROPERTY LINE "ALL PLOTTABLE EASEMENTS AS DESCRIBED IN SAID TITLE REPORT ARE SHOWN HEREON AND DO NOT CROSS THE PROPOSED LEASE ° J� S 41°29'20" W 16.00' — — — MISC. TIE LINE RIGHT—OF—WAY LINE AREA. SJ P — — EASEMENT LINE X FENCE LINE OPS \� LEGEND 1) This is not a boundary survey. This is a specialized / topographic map. The property lines and easements shown hereon are from record information as noted hereon. Floyd Surveying translated the topographic survey to record information using the two found monuments shown hereon. No title research was performed by Floyd Surveying. 2) Any changes made to the information on this plan, without the written consent of Floyd Surveying relieves Floyd Surveying of any and all liability. C,y� 3) These drawings & specifications are the property & copyright of Floyd Surveying & shall not be used on any other work except by �j agreement with the Surveyor. Written dimensions shall take C preference over scaled & shall be verified on the job site. Any discrepancy shall be brought to the notice of the Surveyor prior to S, commencement of any work. 4) Field survey completed on MARCH 31, 2016. TITLE REPORT NOTES OVERALL SITE PLAN SCALE: 30 15 0 3o LEGEND 1 ".30' SSUE STATUS rREV. DATE DESCRIPTION BY 0 4/01/2016 SITE SURVEY DF 1 4/19/2016 TITLE REVIEW DF FLOYD SURVEYING 34006 GALLERON STREET TEMECULA, CA 92592 OFFICE: (949) 200-0626 EMAIL: fsi0floydsurveying.com PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED w z w oo Q � O z v ®® U Lii D � LC) O LC) LC) 0 David A. Floyd 111, OF i >Q C) O r WLLI� - U) v z� > w a_ W Q Z Z ®J Q UJ Q In M SHEET TITLE: SITE SURVEY GENERAL INFORMATION LS1 LA CO FLOOD CONTROL DISTRICT APN: 8554-016-900 TW2 374,89 PROPOSED LEASE AREA Ui / N + EP2 j / 366,12 Ut rri EP2 1P— i 366.09 \ N 81'25'23" E 3.25' EP2 366.54 TRIP 404,73 LIU APN: 8460-001-021 >Z°05' 6'6\ \ \ C/L OF PROPOSED / �p / >1\ \ ♦ POWER ROUTE / + WR❑H2 l / \ \ L\ 425.47 i \ \ / \ \ \ \ RT❑P3 �`L/ / O R �/ \ \ 383,54 s FNCP3-GATE / �,�`1�' /� \ 9290 373,47 / EP2 LEGEND / 36611 / / / � ASPH \ EP2 3 56 66 \ \ 366.99 ♦ These standard symbols will C>J// // \\ \\ be found in the drawing. -k\//L 1.38' GEODETIC POINT \\ \ ♦ ♦ e BOLLARD Qr / / \ \\ HEREDIA y GUY WIRE APN: 8460-001-020 O FOUND MONUMENT g FNCP3-GATE % % %/ / \ / / C/L OF PROPOSED / / / �4 / / \ \ O TREE DECIDUOUS 373,78 ACCESS ROUTE / / /� SDINL3 \ \ ♦ 0 TREE CONIFEROUS CD %K / ASPH 365,39 \ \ \ \ ♦ fW UTILITY POLE /365.51 \ \ \ �WATER METER EP2 WATER VALVE / / / / \ \ 366,16 ASPH \\ \\\ ♦ ♦ $ GEODETIC POINT TW ♦ ♦ // / VALLEY COUNTY WATER 3� \\ \\ BUILDING ' 372,11 / \ DISTRICT \ EP2 APN: 8460-001-901 \ 367,70 ASPH ASPHALT SURFACE � \ \ \ \ \\ s ♦ EC EDGE OF CONCRETE '0 \ \ A� \ \ �s. ♦ ELTR ELECTRICAL TRANSFORMER / ♦ ♦ \\ \\ \\ \ \\ �9os EP EDGE OF PAVEMENT \ \ \ \ PROPOSED C/L EP26" 2 \ A \ �. FL FLOWLINE CURB & GUTTER FNCP FENCE TOP \ \ ASPH TELCO ROUTE 367,68 \\Z \\ 3 56 64 S \\\ 296♦ LIP LIP OF GUTTER \ \ \\ � \ \ \ \ \ F \ ♦ RTOP ROOF TOP EP2 \ \\ \ \\ >> \ SDINL STORMDRAIN INLET ♦ \ \ \ \\ \ 's,, \ SW SIDEWALK 366,10 \\\ \ \\ \\ \\ \\ TC TOP OF CURB \ \ \\ \\ \ \ ♦ TRTP TREE TOP DECIDUOUS RT❑P3 \ EP2 \ \ ♦ TRTP3 TREE TOP CONIFEROUS 381,28 ♦ ♦ \ \ \ \ \ \ \ 367,68 \ \ \ \ TW TOP OF WALL VG V—GUTTER WROH WIRE OVERHEAD oo \ ♦ — — BOUNDARY LINE ♦ \\ �`�\ \ \\ ASPH RT❑P2 TW3 \\ ♦ — CENTER LINE ♦ \ \ F 8s \ \ \ 3� 380.15 O p 378.05 \ \ MISC. PROPERTY LINE QUINONEZ \ \ 'sem• \ \��' �� \ APN: 8460-001-019 _ MISC. TIE LINE EP2\ \\ \\ TW4 36617 ♦ \\ \ \ SEE ITEM #4 367,6 VG \\ ♦ RIGHT—OF—WAY LINE TW \ \ \ \ OF PTR 367,13 RT❑P \ — EASEMENT LINE 372.09 \ \ \ \ SL TW3 383.18 \ \ \ � \ X FENCE LINE \ \ \ \ \ \ LIP3 377,95 \ ♦ ♦ \\ \\ \366.32 EC3 \\ \\ \ \ \ 367,71EP ASPH 7 36 66 \ \ \ \ \ ♦ LEGEND \ \ \\ \ \366.51 \ ♦ \ \ \ EC3MEN\ \ \ APN: 8460-001-040 0 ♦ \\ �� \ 367.69 \\ \\ 1) This is not a boundary survey. This is a specialized S 12°41'15" E\ \ \ topographic map. The property lines and easements shown hereon 7.15' \ 11 SDINL� \\ are from record information as noted hereon. Floyd Surveying � 366,31 \ \ translated the topographic survey to record information using the EP2 `� \\ WATER PIPES \ two found monuments shown hereon. No title research was 366,27 ♦ / \ \\\ performed by Floyd Surveying. \ ELTR-P5405588 FI -3\ S \� 367,78 2) Any changes made to the information on this plan, without the 366.48 ♦ \ FFi� \\\ RT❑P written consent of Floyd Surveying relieves Floyd Surveying of any ♦ \\ F� j S \\ 382,31 EC and all liability. mss. 36808 3 These drawings & specifications are the property & copyright of D C CORP S 41'34'37" W \ 2s, \� / ) 9 P P P Y APN: 8460-001-047 4.18' \ T� �s'• \ Floyd Surveying & shall not be used on any other work except by \ F \� agreement with the Surveyor. Written dimensions shall take ♦ \\ 3s \\ preference over scaled & shall be verified on the job site. Any ♦ \\ `3oR, \ discrepancy shall be brought to the notice of the Surveyor prior to \ / commencement of any work. 367,15 \\ \� / 4) Field survey completed on MARCH 31, 2016. ♦ \ \\ 36 DETAIL SITE PLAN SCALE: 10 5 0 10 LEGEND 17 =10, ISSUE STATUS V. DATE DESCRIPTION BY 0 4/01/2016 SITE SURVEY DF 1 4/19/2016 TITLE REVIEW DF FLOYD SURVEYING 34006 GALLERON STREET TEMECULA, CA 92592 OFFICE: (949) 200-0626 EMAIL: fsi0floydsurveying.com PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED W z W oo Q � O z U U � 1111111111111h—D � Ln CD In Ln Ovid A. Floyd CL 9211/2 OF i >Q C) W �� LLI — F75 OZ5U .J QUJ� Z >W 0- W Qz Z p J Q U Q In M SHEET TITLE: SITE SURVEY GENERAL INFORMATION LS2 PARCEL A: (APN: 8460-001-901) PARCEL B: (APN: 8460-001-900) PROPOSED LEASE AREA: DESCRIPTION BY THAT PORTION OF THE NORTHEASTERLY 91 FEET OF THE PARCEL 1: SITE SURVEY DF 1 SOUTHWESTERLY 546 FEET OF LOT 66 OF EL MONTE WALNUT PLACE, TITLE REVIEW BEING A PORTION OF THE NORTHEASTERLY 91 FEET OF THE IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER THAT PORTION OF THE NORTHEASTERLY 91 FEET OF THE SOUTHWESTERLY SOUTHWESTERLY 546 FEET OF LOT 66 OF EL MONTE WALNUT PLACE, MAP RECORDED IN BOOK 6, PAGE 104 OF MAPS, IN THE OFFICE OF 546 FEET OF LOT 66 OF EL MONTE WALNUT PLACE, IN THE COUNTY OF LOS IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE MAP RECORDED IN BOOK 6, PAGE 104 OF MAPS, IN THE OFFICE OF 104 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF DESCRIBED AS FOLLOWS: SAID LOT 66, WITH THE SOUTHWESTERLY LINE OF THE FLOYD COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 3 OF TRACT o TEMECULA, CA 92592 NORTHEASTERLY 91 FEET OF THE SOUTHWESTERLY 546 FEET OF SAID BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF SAID LOT NO. 29419 AS PER MAP RECORDED IN BOOK 727, PAGE 21 OF MAPS; THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS LOT 66; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE, 66, WITH THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 91 FEET OF THE SOUTHWESTERLY LINE OF SAID LOT 3 HAVING A BEARING OF ti z w oo A DISTANCE OF 265 FEET TO THE TRUE POINT OF BEGINNING; THE SOUTHWESTERLY 546 FEET OF SAID LOT 66; THENCE NORTHWESTERLY, SOUTH 48°29'05"EAST, WITH ALL BEARINGS HEREIN RELATIVE W Lii z THENCE NORTHEASTERLY, PARALLEL WITH THE SOUTHEASTERLY LINE ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 165 FEET; THENCE THERETO; THENCE, SOUTH 03°29'53"EAST, A DISTANCE OF 14.15 FEET In Ln 0 OF SAID NORTHEASTERLY 91 FEET OF THE SOUTHWESTERLY 546 FEET NORTHEASTERLY, PARALLEL WITH SAID SOUTHEASTERLY LINE OF LOT 66, A TO THE POINT OF BEGINNING; THENCE, SOUTH 48°29'05"EAST, A "or C X OF SAID LOT 66; THENCE NORTHWESTERLY PARALLEL WITH SAID DISTANCE OF 16 FEET; THENCE SOUTHEASTERLY, PARALLEL WITH SAID DISTANCE OF 15.35 FEET TO A POINT HEREIN AFTER KNOWN AS U Q J OZ5UJU SOUTHWESTERLY LINE A DISTANCE OF 113.32 FEET TO THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 91 FEET OF THE POINT "A'; THENCE, CONTINUING SOUTH 48°29'05"EAST, A DISTANCE W QZ Z O SOUTHEASTERLY LINE OF THE FLOOD CONTROL CHANNEL OF BIG SOUTHWESTERLY 546 FEET OF LOT 66, A DISTANCE OF 165 FEET TO A OF 6.65 FEET; THENCE, SOUTH 41 °29'20" WEST, A DISTANCE OF 22.00 m DALTON WASH, AS CONVEYED TO LOS ANGELES COUNTY FLOOD POINT ON SAID SOUTHEASTERLY LINE OF LOT 66; THENCE SOUTHWESTERLY, FEET; THENCE, NORTH 48°29'05" WEST, A DISTANCE OF 9.62 FEET TO LS3 CONTROL DISTRICT BY FINAL DECREE OF CONDEMNATION ENTERED IN ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF 16 FEET TO THE POINT A POINT HEREIN AFTER KNOWN AS POINT `B'; THENCE, CONTINUING CASE NO. 598393, SUPERIOR COURT, A CERTIFIED COPY THEREOF OF BEGINNING. NORTH 48`29'05" WEST, A DISTANCE OF 1.38 FEET TO A POINT HEREIN BEING RECORDED IN BOOK 42500, PAGE 49, OF OFFICIAL RECORDS AFTER KNOWN AS POINT "C'; THENCE, CONTINUING NORTH OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG SAID PARCEL 2: 48°29'05" WEST, A DISTANCE OF 11.00 FEET; THENCE, NORTH SOUTHEASTERLY LINE OF FLOOD CONTROL CHANNEL, A DISTANCE OF 41°29'20"EAST, A DISTANCE OF 22.00 FEET TO THE POINT OF 91 FEET TO SAID SOUTHWESTERLY LINE OF SAID NORTHEASTERLY 91 THAT PORTION OF THE NORTHEASTERLY 91 FEET OF THE SOUTHWESTERLY BEGINNING. FEET, OF THE SOUTHWESTERLY 546 FEET OF SAID LOT 66; THENCE 546 FEET OF LOT 66 OF EL MONTE WALNUT PLACE, IN THE COUNTY OF LOS SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE CONTAINING 484 SQUARE FEET, MORE OR LESS. 113.34 FEET TO THE POINT OF BEGINNING. 104 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: SAID LAND BEING A PORTION OF PARCEL 11, AS SHOWN ON LICENSED PROPOSED ACCESS EASEMENT: SURVEYOR'S MAPS, FILED IN BOOK 22, PAGE 2 OF RECORD OF BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF SAID LOT SURVEYS, IN SAID OFFICE OF THE COUNTY RECORDER. 66, WITH THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 91 FEET OF THE SOUTHWESTERLY 546 FEET OF SAID LOT 66; THENCE NORTHWESTERLY, AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 165 FEET TO THE TRUE 12.00 FEET WIDE, OVER A PORTION OF SAID LOT 66, THE CENTERLINE POINT OF BEGINNING; THENCE CONTINUING NORTHWESTERLY, ALONG SAID BEING DESCRIBED AS FOLLOWS: SOUTHWESTERLY LINE, A DISTANCE OF 100 FEET; THENCE NORTHEASTERLY, PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT, A DISTANCE OF 91 BEGINNING AT THE HEREIN BEFORE MENTIONED POINT "C'; THENCE, FEET TO THE NORTHEASTERLY LINE OF SAID NORTHEASTERLY 91 FEET OF SOUTH 41 °34'37" WEST, A DISTANCE OF 49.09 FEET; THENCE, SOUTH THE SOUTHWESTERLY 546 FEET OF SAID LOT 66; THENCE SOUTHEASTERLY 48°25'23"EAST, A DISTANCE OF 333.04 FEET TO THE NORTHWESTERLY PARALLEL WITH SAID SOUTHWESTERLY LINE, A DISTANCE OF 100 FEET; RIGHT OF WAY LINE OF BIG DALTON AVENUE (50 FEET WIDE) AND THENCE SOUTHWESTERLY, PARALLEL WITH SAID SOUTHEASTERLY LINE OF LOT POINT OF TERMINATION. 66, A DISTANCE OF 91 FEET TO THE TRUE POINT OF BEGINNING. LEGEND PROPOSED POWER EASEMENT: PARCEL 3: AN EASEMENT FOR UTILITY PURPOSES OVER A STRIP OF LAND 5.00 AN EASEMENT FOR THE RIGHT TO EXCAVATE FOR, INSTALL, MAINTAIN, FEET WIDE, OVER A PORTION OF SAID LOT 66, THE CENTERLINE BEING These standard symbols will REPLACE WATER PIPES AND MAINS, SERVICE CONNECTIONS, VALVES AND DESCRIBED AS FOLLOWS: be found in the drawing. FITTINGS FOR THE PURPOSE OF CONVEYING WATER ON, ALONG, OVER AND ACROSS THE SOUTHWESTERLY 6 FEET OF THE NORTHEASTERLY 91 FEET OF BEGINNING AT THE HEREIN BEFORE MENTIONED POINT "A", THENCE, e BOLLARD THE SOUTHWESTERLY 546 FEET OF THAT PORTION OF LOT 66 OF EL MONTE NORTH 81°25'23"EAST, A DISTANCE OF 3.25 FEET; THENCE, SOUTH WALNUT PLACE, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, 48`18'54" EAST, A DISTANCE OF 171.51 FEET TO THE POINT OF y GUY WIRE AS PER MAP RECORDED IN BOOK 6 PAGE 104 OF MAPS, IN THE OFFICE OF TERMINATION. O FOUND MONUMENT THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHEASTERLY OF THE 0 TREE DECIDUOUS SOUTHEASTERLY LINE OF THE FLOOD CONTROL CHANNEL OF BIG DALTON PROPOSED TELCO EASEMENT: 0 TREE CONIFEROUS WASH, AS CONVEYED TO LOS ANGELES COUNTY FLOOD CONTROL DISTRICT -W UTILITY POLE BY FINAL DECREE OF CONDEMNATION ENTERED IN CASE NO. 598393, AN EASEMENT FOR TELCO PURPOSES OVER A STRIP OF LAND 5.00 SUPERIOR COURT, A CERTIFIED COPY THEREOF BEING RECORDED IN BOOK FEET WIDE, OVER A PORTION OF SAID LOT 66, THE CENTERLINE BEING WATER METER 42500 PAGE 49 OF OFFICIAL RECORDS OF SAID COUNTY. DESCRIBED AS FOLLOWS: WATER VALVE $ GEODETIC POINT EXCEPT THE SOUTHEASTERLY 265 FEET OF SAID LAND, SUBJECT TO THE BEGINNING AT THE HEREIN BEFORE MENTIONED POINT `B'; THENCE, BUILDING PROVISIONS AND COVENANTS CONTAINED IN THE DEED FROM EVERETT F. SOUTH 41 `30'55" WEST, A DISTANCE OF 50.18 FEET; THENCE, SOUTH TICE AND LULUBELLE TICE, HUSBAND AND WIFE, TO BALDWIN PARK COUNTY 48`25'23"EAST, A DISTANCE OF 85.57 FEET; THENCE, SOUTH ASPH ASPHALT SURFACE WATER DISTRICT, A CORPORATION, RECORDED DECEMBER 3, 1954. 12`41'15"EAST, A DISTANCE OF 7.15 FEET; THENCE, SOUTH EC EDGE OF CONCRETE 41 `34'37" WEST, A DISTANCE OF 4.18 FEET TO THE POINT OF ELTR ELECTRICAL TRANSFORMER PARCEL 4: TERMINATION. EP EDGE OF PAVEMENT FL FLOWLINE CURB & GUTTER AN EASEMENT FOR THE RIGHT TO EXCAVATE FOR, INSTALL, MAINTAIN, FL E FENCETOP REPLACE WATER PIPES AND MAINS, VALVES AND FITTINGS FOR THE LIP LIP LIP GUTTER PURPOSE OF CONVEYING WATER ON, ALONG, ACROSS AND OVER THE RTOP F TOP ROOFTOP NORTHEASTERLY 10 FEET OF THE SOUTHWESTERLY 11 FEET OF THE SDINSW OOOF N INLET NORTHWESTERLY HALF OF THE NORTHEASTERLY HALF OF LOT 67 OF EL SIDEWALK MONTE WALNUT PLACE, IN THE COUNTY OF LOS ANGELES, STATE OF TC TOP OF CURB CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 PAGE 104 OF MAPS, IN TRTP TREE TOP DECIDUOUS THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SUBJECT TO THE TRTP3 TREE TOP CONIFEROUS PROVISIONS AND COVENANTS CONTAINED IN THE DEED FROM ARTHUR ROY TW TOTO P OF WALL MILLETTE AND LILA A. MILLETTE, HUSBAND AND WIFE, TO BALDWIN PARK VG VG GUTTER COUNTY WATER DISTRICT, A CORPORATION, RECORDED DECEMBER 3, 1954. WIRE OVERHEAD PARCEL 5: — — BOUNDARY LINE — CENTER LINE AN EASEMENT FOR THE RIGHT TO EXCAVATE FOR, INSTALL, MAINTAIN, REPLACE WATER PIPES AND MAINS, VALVES AND FITTINGS FOR THE MISC. PROPERTY LINE PURPOSE OF CONVEYING WATER ON, ALONG, ACROSS AND OVER THE — — — MISC. TIE LINE NORTHEASTERLY 10 FEET OF THE SOUTHWESTERLY 11 FEET OF THE SOUTHEASTERLY 450.87 FEET OF THE NORTHEASTERLY HALF OF LOT 67 OF RIGHT—OF—WAY LINE EL MONTE WALNUT PLACE, IN THE COUNTY OF LOS ANGELES, STATE OF — — EASEMENT LINE CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 PAGE 104 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. X FENCE LINE EXCEPT THE NORTHEASTERLY 2 FEET OF THE SOUTHEASTERLY 90 FEET OF SAID LAND, SUBJECT TO THE PROVISIONS AND COVENANTS CONTAINED IN THE DEED FROM GUY G. QUACKENBUSH AND ETHEL Z. QUACKENBUSH, LEGEND HUSBAND AND WIFE, TO BALDWIN PARK COUNTY WATER DISTRICT, A CORPORATION, RECORDED DECEMBER 3, 1954. PARCEL 6: 1) This is not a boundary survey. This is a specialized topographic map. The property lines and easements shown hereon AN EASEMENT FOR THE RIGHT TO EXCAVATE FOR, INSTALL, MAINTAIN, are from record information as noted hereon. Floyd Surveying REPLACE WATER PIPES AND MAINS, VALVES AND FITTINGS FOR THE translated the topographic survey to record information using the PURPOSE OF CONVEYING WATER ON, ALONG, ACROSS AND OVER THE two found monuments shown hereon. No title research was NORTHEASTERLY 10 FEET OF THE SOUTHWESTERLY 11 FEET OF THE performed by Floyd Surveying. SOUTHEASTERLY HALF OF THE NORTHEASTERLY HALF OF LOT 67 OF EL MONTE WALNUT PLACE, IN THE COUNTY OF LOS ANGELES, STATE OF 2) Any changes made to the information on this plan, without the CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 PAGE 104 OF MAPS, IN written consent of Floyd Surveying relieves Floyd Surveying of any THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. and all liability. EXCEPT THE SOUTHEASTERLY 450.87 FEET OF SAID LAND, SUBJECT TO THE 3) These drawings & specifications are the property & copyright of PROVISIONS AND COVENANTS CONTAINED IN THE DEED FROM ARTHUR ROY Floyd Surveying & shall not be used on any other work except by MILLETTE AND LILA A. MILLETTE, HUSBAND AND WIFE, TO BALDWIN PARK agreement with the Surveyor. Written dimensions shall take COUNTY WATER DISTRICT, A CORPORATION, RECORDED DECEMBER 3, 1954. preference over scaled & shall be verified on the job site. Any discrepancy shall be brought to the notice of the Surveyor prior to commencement of any work. 4) Field survey completed on MARCH 31, 2016. PROPERTY LEGAL DESCRIPTION LEGEND ISSUE STATUS V. DATE DESCRIPTION BY 0 4/01/2016 SITE SURVEY DF 1 4/19/2016 TITLE REVIEW DF FLOYD SURVEYING 34006 GALLERON STREET TEMECULA, CA 92592 OFFICE: (949) 200-0626 EMAIL: fsi0floydsurveying.com PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED w z w oo Q � O � Q z v ®® U Lii z Q � Ln CD In Ln 0 David A. Floyd CL 9 2131 "or C X >Q C) O r O W w� U Q J OZ5UJU � Z > W0— W QZ Z O J J Q U Q m m SHEET TITLE: SITE SURVEY GENERAL INFORMATION LS3 NEW VERIZON WIRELESS 22'-0" X 22'-0"=484 SQ FT. LEASE AREA LA FLOOD CONTROL CANAL O J LESS TELCO ND WITHIN A LITY ROUTE, DIST. 130'-0" (SEE NOTE) r11 §r:. 'sy." (E) EASEMENTS NOTE: (N) VERIZON WIRELESS UTILITY LINES WILL MAINTAIN A 5'-0" RADIAL CLEARANCE OF EXISTING UNDERGROUND WATER LINES, EXCEPT WHEN CROSSING, WHERE IT WILL BE A MINIMUM OF 1'-0" CLEAR= SITE PLAN (E) UTILITY POLE #543717E (E) BUILDING - AP N : 8460-001-900 ERIZON WIRELESS CUSTOMER OWNED UTILITY POLE �1 (N) VERIZON WIRELESS OVERHEAD TELCO RUN (APPROX: 270') (E) UTILITY POLE #543716E VERIZON WIRELESS POWER NDUIT UNDERGROUND WITHIN A T-0" WIDE UTILITY ROUTE, APPROX DIST. 175'-0" (N) VERIZON WIRELESS 277/480V METER PEDESTAL (E) TRANSFORMER P5405588, (N) VERIZON WIRELESS POWER P.O.C. (E) 6' HIGH CMU WALL (E) UTILITY POLE #319895E (N) VERIZON WIRELESS TELCO P.O.C. NOTES: 1. GC TO SECURE SITE PER FIELD OPS DIRECTION USING MASTER KEYED HIDDEN SHACKLE PADLOCKS WITH HIGH SECURITY HASP. RESIDENTIAL ZONE / i / RESIDENTIAL ZONE17 r i i i� i (N) VERIZON WIRELESS 12' WIDE NON-EXCLUSIVE VEHICULAR PATH OF / ACCESS FROM PUBLIC RIGHT OF WAY / ISSUE STATUS REV. DATE DESCRIPTION BY 0 04/19/16 90% ZONING DJL 1 04/25/16 100% ZONING DJL 2 10/05/16 LANDLORD COMMENTS HG 3 06/06/17 REVISIONS GC 4 06/20/17 UTILITY REVISION GC 5 05/07/19 ADD MICROWAVE DJL RIS RELIANT LAND SERVICES 1745 W ORANGEWOOD AVE. STE 103 ORANGE, CA 92868 WWW.RLSUSA.COM PH. (714) 685-0123 FAX (714) 453-9692 PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED LLi woo Q c9 z rn O U ®® U Z >_ z U) Lo O L0 L0 Q co O Q W ry< Q W U U) 0 Q W z O� Z � �Q U Q J ® Q 0 m m SHEET TITLE: SITE PLAN NOTES: PER STUDY COMPLIANCE REPORT 03 / 16 / 2018, OUTLINE OF 22'-0" 0 MONO -EUCALYPTUS NO RF / EME SIGNAGE REQUIRED. (E) 6'H. CHAIN-LINK FENCE \ �� BRANCHES WITH BARB -WIRE TO BE J REMOVED AND REPLACED \ \ (E FDOUBLE CE GATEING TO BE RIEUSED (E) UTILITY POLE M 6' HIGH CMU WALL TO MATCH EXISTING c� \ H/❑ N/❑— N/❑ /❑ H/❑ H/❑ H/❑ H/❑ H/❑ /❑ 1/0 N/❑ N/ H/❑ H/❑ H/❑ H/ (N) VERIZON WIRELESS (18) REMOTE RADIO UNITS MOUNTED BEHIND PANEL \ 3"0" H/H H/❑ /❑ H/❑ H/❑ H/❑ H/❑ H/❑ I I/❑ H/V q H/ H/❑ �/❑ H/❑ H/❑ H/❑ H ANTENNAS (6 RRU S PER SECTOR) - TYP (N) VERIZON WIRELESS (12) PANEL 57'-0" ANTENNAS (4 ANTENNAS PER SECTOR, 3 \ SECTORS TOTAL) MOUNTED ON A (N) _______ X ______ X �....... ..... _ x X o e x � x x MONO -EUCALYPTUS TREE _ 2" .. (N) VERIZON WIRELESS � 4'0 MICROWAVE (AZIMUTH TBD) Tye? (N) VERIZON WIRELESS RAYCAP - 22'-0" 20'-0" I ' SURGE PROTECTOR (3 TOTAL) 10 / \ ( o (N) VERIZON WIRELESS LEASE AREA \ (N) VERIZON WIRELESS 52'-0" HIGH o / \ / (N) VERIZON WIRELESS `y MONO -EUCALYPTUS TREE NON-EXCLUSIVE PARKING AREA (DESIGN BY OTHERS) v (E) ESMT ' \ Q Lu #4 Q \ / w cn - \ \ ( o W (� \ T Lu T T X T �T — q z V�O - o \ ' _ tjN I LLI NOTES: \. z 1. PROPOSED VERIZON WIRELESS PANEL ANTENNAS SHALL i BE PAINTED TO MATCH COLOR OF MONO -EUCALYPTUS I ( I FOLIAGE & COVERED WITH ANTENNA SOCKS `V 2. PROPOSED MONO -EUCALYPTUS FOLIAGE & BRANCHES (N) VERIZON WIRELESS TELCO % �\ CONDUIT UNDERGROUND WITHIN A NOT SHOWN FOR CLARITY.\o C� 3'-0" WIDE UTILITY ROUTE (N) VERIZON WIRELESS 12' WIDE 3. PROPOSED MONO -EUCALYPTUS ENTIRE TREE TRUNK TO \ / 0\ APPROX DIST. 130'-0" I (. NON-EXCLUSIVE VEHICULAR BE COVERED IN FULL BARK /\/ PATH OF ACCESS FROM PUBLIC 4. AVERAGE 3 BRANCHES PER FEET _/ /�j RIGHT OF WAY 5. GC TO PROVIDE MOUNT CLASSIFICATION METAL TAG M750R(0) - 4[6], PER NSTD-445 (N) LIVE TREE IN 6" IDE PLANTER URB, ANTENNA LAYOUT SCALE 2 TYP. 2 NORTH 3/8"=1 ' 0"6" 1' 2' 4' . (E) STORMDRAIN INLET NOTES: ( m 1. PROPOSED MONO -EUCALYPTUS FOLIAGE & I BRANCHES NOT SHOWN FOR CLARITY. I 2. GC TO SECURE SITE PER FIELD OPS DIRECTION I USING MASTER KEYED HIDDEN SHACKLE : 1 (E) CMU WALL PADLOCKS WITH HIGH SECURITY HASP. 22'-0" (N) VERIZON WIRELESS LEASE AREA/CMU WALL (N) VERIZON WIRELESS :I (N) VERIZON WIRELESS 6'-0" 3'-0" 4'-10" EQUIPMENT CABINETS MOUNTED _ N CONCRETE ON CONCRETE PAD (TYP. OF 2) ~ 3G6 HIGH CMU WALL ENCLOSURE (N) �� ' (484 SQ. FT.) SLAB I: /77 777/77 (N) VERIZON WIRELESS U/G \o \o CABLE ROUTE ( (N) VERIZON WIRELESS POWER \\� \\v .� APPROX. 10'-0" CONDUIT UNDERGROUND WITHIN A I. ° o� o o o \\ 1'-T° d I . 3'-0" WIDE UTILITY ROUTE APPROX DIST. 175'-0" J (N) VERIZON WIRELESS 4"0 � (N) CRUSHED / CONDUIT STUB -UPS, TYP. 4 :. ROCK GRAVEL A (. (N) VERIZON WIRELESS 52'-0" �\\\\\\�\ I: I• r� U o 0 0 0 o c HIGH MONO -EUCALYPTUS cv (N) VERIZON WIRELESS GPS w (DESIGN BY OTHERS) c'\\ o ANTENNA MOUNTED ONTO m o o o Q (N) EQUIPMENT CABINET Q I �' LIJ — \7 U) (N) VERIZON WIRELESS TELCO w w CABINET WALL MOUNTED o� o� o op yj N ONTO (N) CMU WALL \\ A A c N o U (E) WATER PIPE I f. w \ \\ _ (N) VERIZON WIRELESS STAND-BY z -r o GENERATOR MOUNTED ON (N) OU �3 ::.I (E) STORMDRAIN � \\r o ° CONCRETE PAD z l INLET (TYP.) z(N) VERIZON WIRELESS \ (E) UTILITY POLE #543717E O CIENA UNIT WALL MOUNTED N T I :. N ONTO (N) CMU WALL o r a • a° ° e° G LIJ z °° ° a i.. I •• .. — (N) VERIZON WIRELESS OVERHEAD (N) VERIZON WIRELESS STEP TELCO RUN (APPROX: 270') �I . TRANSFORMER AND WALL ( , MOUNTED DISCONNECT 1 (E) BUILDING SWITCH � � � I (. • 11111114 A1717�11111 (E) UNLOADING � I (N) VERIZON WIRELESS (N) 17X30 UNDERGROUND (N) , ERIZON WIRELESS ILC CONCRETE DUCT 4'-0" WIDE ACCESS GATE PULLBOX MOUNTED ONTO (N) CMU WALL ENCLOSURE (N) VERIZON WIRELESS _ I SERVICE LIGHT WITH TIMER (\ • :` (I EQUIPMENT PLAN ti� SCALE 3 ENLARGED SITE PLAN ti� SCALE 1 a 1 /4"=1 ' 0" 1 ' 3' 7' O �y 1 /8"=1 ' 0" 2' 6' 14' ti ISSUE STATUS REV. DATE DESCRIPTION BY 0 04/19/16 90% ZONING DJL 1 04/25/16 100% ZONING DJL 2 10/05/16 LANDLORD COMMENTS HG 3 06/06/17 REVISIONS GC 4 06/20/17 UTILITY REVISION GC 5 05/07/19 ADD MICROWAVE DJL RIS RELIANT LAND SERVICES 1745 W ORANGEWOOD AVE. STE 103 ORANGE, CA 92868 WWW.RLSUSA.COM PH. (714) 685-0123 FAX (714) 453-9692 PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED Ldz W ap Q O 2-7 m O U ®® U Z � Q Lo O L0 L0 Q O Q � W ry Q W U U) 0 LJLJ i Q W z U J Q m m SHEET TITLE: EQUIPMENT NTENNA LAYOUT' NOTES: 1. PROPOSED VERIZON WIRELESS PANEL ANTENNAS SHALL BE PAINTED TO MATCH COLOR OF MONO -EUCALYPTUS FOLIAGE & COVERED WITH ANTENNA SOCKS 2. PROPOSED MONO -EUCALYPTUS FOLIAGE & BRANCHES NOT SHOWN FOR CLARITY. 3. PROPOSED MONO -EUCALYPTUS ENTIRE TREE TRUNK TO BE COVERED IN FULL BARK 4. AVERAGE 3 BRANCHES PER FEET TOP OF (N) VERIZON WIRELESS MONO -EUCALYPTUS ELEV. 52'-0" AGL TOP OF (N) VERIZON WIRELESS PANEL ANTENNAS ELEV. 46'-0" AGL (N) VERIZON WIRELESS PANEL ANTENNA CENTERLINE ELEV. 42'-0" AGL (N) VERIZON WIRELESS RAYCAP SURGE PROTECTOR (3 TOTAL) (N) VERIZON WIRELESS MICROWAVE ANTENNA CENTERLINE ELEV. 34'-0" AGL (N) VERIZON WIRELESS 52'-0" HIGH MONO -EUCALYPTUS (DESIGN BY OTHERS) BOTTOM OF (N) MONO -EUCALYPTUS BRANCHES ELEV. 20'-0" AGL (N) VERIZON WIRELESS GPS ANTENNA MOUNTED ONTO (N) EQUIPMENT CABINET (N) VERIZON WIRELESS 6'-0" HIGH CMU WALL ENCLOSURE (N) VERIZON WIRELESS ILC MOUNTED ONTO (N) CMU WALL ENCLOSURE FINISH GRADE ELEV. 0'-0" AGL (N) VERIZON WIRELESS STEP TRANSFORMER NORTHEAST ELEVATION NOTES: 1. PROPOSED VERIZON WIRELESS PANEL ANTENNAS SHALL BE PAINTED TO MATCH COLOR OF MONO -EUCALYPTUS FOLIAGE & COVERED WITH ANTENNA SOCKS 2. PROPOSED MONO -EUCALYPTUS FOLIAGE & BRANCHES NOT SHOWN FOR CLARITY. 3. PROPOSED MONO -EUCALYPTUS ENTIRE TREE TRUNK TO BE COVERED IN FULL BARK 4. AVERAGE 3 BRANCHES PER FEET FINISH GRADE ELEV. 0'-0" AGL SOUTHEAST ELEVATION (N) VERIZON WIRELESS (12) PANEL ANTENNAS (4 ANTENNAS PER SECTOR, 3 SECTORS TOTAL) MOUNTED ON A (N) MONO -EUCALYPTUS TREE (N) VERIZON WIRELESS (18) REMOTE RADIO UNITS MOUNTED BEHIND PANEL ANTENNAS (6 RRU'S PER SECTOR) (N) VERIZON WIRELESS 4-0 MICROWAVE (BEYOND) (N) VERIZON WIRELESS EQUIPMENT CABINET MOUNTED ON CONCRETE PAD (TYP. OF 3) (N) VERIZON WIRELESS GPS ANTENNA MOUNTED ONTO (N) EQUIPMENT CABINET (N) VERIZON WIRELESS STEP TRANSFORMER ISSUE STATUS rREV. DATE DESCRIPTION BY 0 04/19/16 90% ZONING DJL 1 04/25/16 100% ZONING DJL 2 10/05/16 LANDLORD COMMENTS HG 3 06/06/17 REVISIONS GC 4 06/20/17 UTILITY REVISION GC 5 05/07/19 ADD MICROWAVE DJL RIS RELIANT LAND SERVICES r 8 aq 1745 W ORANGEWOOD AVE. STE 103 ORANGE, CA 92868 WWW.RLSUSA.COM PH. (714) 685-0123 FAX (714) 453-9692 PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED LL1 Z LL I op T_ Q c9 z m O U ®� U Z � Alm Q cn Lo c:) L0 Ln Q W r� Q U W.j U) C'6 W Q a. W zz O� Z � U QJ ® Q 0 m m SHEET TITLE: ELEVATIONS NOTES: 1. PROPOSED VERIZON WIRELESS PANEL ANTENNAS SHALL BE PAINTED TO MATCH COLOR OF MONO -EUCALYPTUS FOLIAGE & COVERED WITH ANTENNA SOCKS 2. PROPOSED MONO -EUCALYPTUS FOLIAGE & BRANCHES NOT SHOWN FOR CLARITY. 3. PROPOSED MONO -EUCALYPTUS ENTIRE TREE TRUNK TO BE COVERED IN FULL BARK 4. AVERAGE 3 BRANCHES PER FEET TOP OF (N) VERIZON WIRELESS MONO -EUCALYPTUS ELEV. 52'-0" AGL NOTES: 1. PROPOSED VERIZON WIRELESS PANEL ANTENNAS SHALL BE PAINTED TO MATCH COLOR OF MONO -EUCALYPTUS FOLIAGE & COVERED WITH ANTENNA SOCKS 2. PROPOSED MONO -EUCALYPTUS FOLIAGE & BRANCHES NOT SHOWN FOR CLARITY. 3. PROPOSED MONO -EUCALYPTUS ENTIRE TREE TRUNK TO BE COVERED IN FULL BARK 4. AVERAGE 3 BRANCHES PER FEET TOP OF (N) VERIZON WIRELESS MONO -EUCALYPTUS ELEV. 52'-0" AGL TOP OF (N) VERIZON WIRELESS PANEL ANTENNAS a TOP OF (N) VERIZON WIRELESS PANEL ANTENNAS ELEV. 46'-0" AGL -� ELEV. 46'-0" AGL (N)E)A\VERIIZO /tAr7) 01 WIRELEScf'Tno (N) VERIZON WIRELESS PANEL ANTENNA CENTERLINE ELEV. 42'-0" AGL (N) VERIZON WIRELESS MICROWAVE ANTENNA CENTERLINE ELEV. 34'-0" AGL BOTTOM OF (N) MONO -EUCALYPTUS BRANCHES ELEV. 20'-0" AGL FINISH GRADE ELEV. 0'-0" AGL (N) VERIZON WIRELESS 52'-0" HIGH MONO -EUCALYPTUS (DESIGN BY OTHERS) L (N) VERIZON WIRELESS (18) REMOTE RADIO UNITS MOUNTED BEHIND PANEL ANTENNAS (6 RRU'S PER SECTOR) (N) VERIZON WIRELESS 4'0 MICROWAVE (N) VERIZON WIRELESS PANEL ANTENNA CENTERLINE ELEV. 42'-0" AGL (N) VERIZON WIRELESS (18) REMOTE RADIO UNITS MOUNTED BEHIND PANEL ANTENNAS (6 RRU'S PER SECTOR) (N) VERIZON WIRELESS MICROWAVE ANTENNA CENTERLINE ELEV. 34'-0" AGL (N) VERIZON WIRELESS 52'-0" HIGH MONO -EUCALYPTUS (DESIGN BY OTHERS) BOTTOM OF (N) MONO -EUCALYPTUS BRANCHES ELEV. 20'-0" AGL 9 (N) VERIZON WIRELESS (12) PANEL ANTENNAS (4 ANTENNAS PER SECTOR, 3 SECTORS TOTAL) MOUNTED ON A (N) MONO -EUCALYPTUS TREE (N) VERIZON WIRELESS RAYCAP SURGE PROTECTOR (3 TOTAL) (N) VERIZON WIRELESS 4'0 MICROWAVE 1 1� (N) VERIZON WIRELESS 6'-0" HIGH CMU WALL ENCLOSURE , (N) VERIZON WIRELESS 6'-0" HIGH CMU WALL ENCLOSURE (N) VERIZON WIRELESS EQUIPMENT CABINET MOUNTED (N) VERIZON WIRELESS ON CONCRETE PAD (TYP. OF 3) ' ACCESS GATE (N) VERIZON WIRELESS EQUIPMENT (N) VERIZON WIRELESS ' � CABINET MOUNTED D (N) EQUIPMENT CABINET (N) N WIRELESS TELCO CABINETS MOUNTED ONTO (N) GPS ANTENNA MOUNTED ONTO TYP. OF 3) (BEYOND) CMUU WALLWALL ENCLOSURE NORTHWEST ELEVATION FINISH GRADE ELEV. 0'-0" AGL SOUTHWEST ELEVATION ISSUE STATUS rREV. DATE DESCRIPTION BY 0 04/19/16 90% ZONING DJL 1 04/25/16 100% ZONING DJL 2 10/05/16 LANDLORD COMMENTS HG 3 06/06/17 REVISIONS GC 4 06/20/17 UTILITY REVISION GC 5 05/07/19 ADD MICROWAVE DJL RIS RELIANT LAND SERVICES r 8 aq 1745 W ORANGEWOOD AVE. STE 103 ORANGE, CA 92868 WWW.RLSUSA.COM PH. (714) 685-0123 FAX (714) 453 9692 PROPRIETARY INFORMATION THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED LL1 Z LL I op Q c9 z m O U ®� U Z � Alm Q Cn Lo O L0 Ln Q co Q � W ry W< U U) .j 0 W Q a. W z O� Z � �Q U QJ ® Q 0 m m SHEET TITLE: ELEVATIONS STAFF REPORT Al IMMARY ITEM NO. Iq TO: Honorable Mayor and Members of the City Council FROM: Ben Martinez, Director of Community Development PREPARED BY: Ron Garcia, City Planner Erika Ramirez, Associate Planner DATE: November 06, 2019 SUBJECT: A Request to the City Council from the Planning Commission on an Amendment to City of Baldwin Park Municipal Code Chapter 127 and Chapter 153 Table 153.050.020, Section 153.120 and Table 153.150.040 (AZC 19-01) Relating to Commercial Cannabis Use (Location: all Industrial Commercial (IC) and Industrial (1) Zoning Designations; Applicant: Distinct Indulgence; Case Number: AZC 19-01) On October 23, 2019 the Planning Commission adopted Resolution PC 19-18 recommending that the City Council amend the City of Baldwin Park's Municipal Code Chapter 127 and Chapter 153 Table 153.050.020, Section 153.120 and Table 153.150.040 relating to Commercial Cannabis Use. The modifications would result in the distance requirement to be reduced from 50 feet to 25 feet of a cannabis manufacturing site to a dwelling unit within a residential zone when exclusively manufacturing edible cannabis products. RECOMMENDATION Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1442, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 127 OF TITLE XI OF THE CITY'S MUNICIPAL CODE", and Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1443, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING TABLE 153.050.020, SECTION 153.120, AND TABLE 153.150.040 OF CHAPTER 153 OF THE CITY'S MUNICIPAL CODE REALTING TO COMMERCIAL CANNABIS USE". FISCAL IMPACT No fiscal impact. CEQA Pursuant to Section 15061 (b)(3) of the California State CEQA Guidelines, the amendments to the City of Baldwin Park's Municipal Code are exempt from CEQA, as they do not have the potential for causing a significant effect on the environment. BACKGROUND On August 9, 2017, the Planning Commission hear AZC-183 and approved resolution PC 17-13, recommending the City Council approve and adopt an amendment to the City's Zoning Code allowing Cannabis uses within the IC, Industrial Commercial and I, Industrial Zones and deleted Sections 153.120.330.0 and 153.120.330.D which were in conflict with the proposal to allow Adult and Medical Cannabis Cultivation, Manufacturing and Distribution. On August 16, 2017, the City Council approved that Zoning Text Amendment (Ordinance 1401) and approved Ordinance 1400 adding Chapter 127 of Title XI (Business Regulations), adding Medical and Adult use of Cannabis. On December 13, 2017 the Council amended Chapter 127, approving Ordinance 1403 requiring a 600 - foot distance criteria from cannabis uses to schools, day-care centers, parks or youth centers and increased the number of cannabis permits allowed from fifteen (15) to twenty (20). On March 21, 2018, the City Council approved Ordinance 1408 amending Chapter 127 to increase the number of Adult and Medical Cannabis permits allowed up to twenty-five (25). The second reading of the ordinance was held on April 4, 2018 approving ordinance 1408. DISCUSSION The applicant Distinct Indulgence, Inc. is a family owned and operated wholesale bakery, which specializes in quality handmade baked goods. They have been operating in Baldwin Park since 2017 and have been in business for over a decade. They are considered to be a quality and professional business. The applicant indicated they currently employ (thirty-five) 35 employees, 50% which are Baldwin Park residents and expect to hire an additional fifteen (15) in the near future. The principal of Distinct Indulgence, Robert Gray is also the principal of the property ownership. The applicant is requesting to reduce the distance requirement from a cannabis manufacturing site to a dwelling unit within a residential zone for a manufacturing site that exclusively manufactures edible cannabis products and no other products. This request is in response to the applicant's desire to transition their bakery operation at 5018 Lante Street in the City of Baldwin Park to baking edible cannabis products. The facility is within 47 feet from some of dwelling units on a few of the adjacent residentially zoned properties; therefore, in order to allow the applicant to apply for a Cannabis permit, the City's Municipal Code must be amended to allow for a reduced distance requirement to residences. California Business and Professions Code Section 26054 sets distance and sensitive use restrictions for premises licensed commercial cannabis activity. Specifically, commercial cannabis licensed premises are not to be within a 600 -foot radius from a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time the license is issued, unless a licensing authority or local jurisdiction specifies a different radius... Distance requirements to residential zones or uses are not set in the Business and Professions Code; therefore, it is commonly addressed within ordinances adopted by local jurisdictions regulating commercial cannabis activity. Baldwin Park elected to include distance requirements to residential zones in Ordinance 1400 to provide a buffer to residential zones and assure that commercial cannabis licensees conduct their businesses safely. It is also common for local jurisdictions to set varying distances or exceptions to distances depending on impacts to the surrounding community from the use. For example, the City of Los Angeles requires a minimum distance of a 700 -foot radius to a school from cannabis retailers or microbusiness commercial activity with on-site retail sales; but requires a 600 -foot radius to a school from a cannabis microbusiness commercial activity with sales to the public limited to off-site deliveries and having no on-site sales. Another example is the City of Pasadena has a minimum distance requirement of 1,000 feet between site to site for cultivation and/or retail sites, but a minimum distance requirement of 500 feet to an approved cannabis site from a cannabis testing lab. These examples, demonstrate a less restrictive distance requirement is necessary for less intense uses that are expected to have fewer impacts on the surrounding community. The City expects that non - extraction manufacturing of edible cannabis products will have less of an impact on adjacent residential zones than manufacturing which includes extraction. The amendment to the Municipal Code will allow for the manufacturing of edible cannabis products (including mixing and combing) with the prohibition of on-site extraction. The cannabis ingredients used shall be delivered to the facility ready to use, and added to the process in the same manner as any other baking ingredient. Staff expects that non -extraction manufacturing of foods and edibles is a process that will not emit any unusual odors, nor will it result in any increases in noise or traffic. Such a facility will operate in the same manner as a traditional commercial bakery. While reviewing Chapter 127 Medical and Adult Use Commercial Cannabis to address the requested amendment, staff included additional modifications to Chapter 127, Table 153.050.020, Section 153.120, and Table 153.150.040 with the intent to clarify Chapter 127 and to provide consistency throughout the Municipal Code. Table 153.050.020: Permitted and Conditionally Permitted Uses within Commercial and Industrial Zones has been amended to reflect the addition of Part 18 within Section 153.120, as well as adding the word "cannabis" to Medical Marijuana Dispensaries to read "Medical Marijuana/Cannabis Dispensaries". Staff is proposing to add Part 18 to Section 153.120 to allow for development standards for cannabis use to be found within the Zoning Code rather than referencing the Business Regulations portion of the Municipal Code. Other minor grammatical amendments have been proposed in Section 153.120. Staff is proposing to add the land use category Medical and Adult Cannabis Cultivation, Manufacturing and Distribution with a minimum number of parking spaces required of 1 space/1,000 square feet of building area. This amendment is proposed as the parking demand is more similar to that of warehousing and distribution than manufacturing because there is no public visitation permitted. If the City Council approves the proposed amendment modifying the distance requirement of an edible cannabis products manufacturing site to a dwelling unit within a residential zone, it will not affect the zoning or general plan designation of a subject property. Further, the subject property would remain bounded to the development standards contained in Section 153 (Zoning) of the City's Municipal Code. PLANNING COMMISSION ACTION On October 23, 2019 the Planning Commission adopted Resolution 19-18 recommending approval to the City Council to amend the City's Municipal Code Chapter 127 and Chapter 153 Table 153.050.020, Section 153.120 and Table 153.150.040 relating to commercial cannabis use. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Ordinance 1442 2. Ordinance 1443 3. Planning Commission Resolution 19-18 4. Application Request, dated July 18, 2019 1 ATTACHMENT #1 ORDINANCE 1442 MUNICIPAL CODE CHAPTER 127 AMENDMENT ORDINANCE NO. 1442 AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 127 OF TITLE XI OF THE CITY'S MUNICIPAL CODE WHEREAS, Title XI Chapter 127 of the City of Baldwin Park Municipal Code establishes rules regarding medical and adult use commercial cannabis; and WHEREAS, Government Code Section 5022.7 permits the amendment of municipal codes as often as deemed necessary by the legislative body, and WHEREAS, The City determined that the proposed action (the "Project") is exempt from California Environment Quality Act (CEQA), and WHEREAS, State CEQA Guidelines Section 15061 (b)(3), the General Rule that CEQA only applies to projects that may have an affect on the environment; and WHEREAS, on September 25, 2019, after conducting a properly noticed public hearing, the Planning Commission adopted Resolution No. PC 19-18, recommending that the City Council amend Chapter 127 of the BPMC as it pertains to medical and adult use commercial cannabis. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PAK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title XI Chapter 127 shall be deleted in its entirety and replaced wit the following: CHAPTER 127. Medical and Adult Use Commercial Cannabis 127.01: Purpose A. The purpose of this article is to regulate all commercial cannabis activity in the City of Baldwin Park, as defined in Section 26000 of the California Business and Professions Code, to the extent authorized by state law and in a manner designed to minimize negative impact on the City, and to promote the health, safety, morals, and general welfare of residents and businesses within the city. B. This article is further adopted and established pursuant to the specific authority granted to the City of Baldwin Park in Section 7 of Article XI of the California Constitution and Section 26000 of the California Business and Professions Code. These regulations shall govern all commercial cannabis activity that occurs within the jurisdiction of the City. 127.02: Definitions Unless otherwise defined herein, the terms in this article shall have the same meaning as set forth in the MAUCRSA ("Medicinal and Adult -Use Cannabis Regulation and Safety Act") and any rules promulgated under it. In addition, the following terms shall be defined as follows: A. "Adult -Use Cannabis" means the use of cannabis for recreational purposes as distinguished from cannabis for medicinal purposes. B. "Adult -Use Cannabis Licensee" has the same meaning as that term "A - licensee" as defined by Section 26001(f) of the California Business and Professions Code. C. "Applicant" has the same meaning as that terms is defined by Section 26001(c) of the California Business and Professions Code. D. "Cannabis" has the same meaning as that terms is defined by Section 26001(f) of the California Business and Professions Code. E. "City" means the City of Baldwin Park, California. F. "Chief Executive Officer" shall mean the Chief Executive Officer of the City or a duly authorized designee. G. "Code" means the Baldwin Park Municipal Code. H. "Commercial cannabis activity" has the same meaning as that term is defined by Section 26001(k) of the California Business and Professions Code, including the exclusion in Section 19319 of the California Business and Professions Code. I. "Cultivation site" has the same meaning as that term is defined by Section 26001(m) of the California Business and Professions Code. J. "Day-care" means any child day care facility other than a family day care home and includes infant centers, preschools, extended day care facilities, and school-age child care centers. K. "Distribution" has the same meaning as that term is defined by Section 26001(r) of the California Business and Professions Code. L. "Dwelling Unit" means any building or portion thereof designed for living and sleeping purposes that contains independent cooking and sanitation facilities. 4=.M. "Enclosed locked structure," means a structure that (1) does not allow for the visibility of the interior from the outside; (2) is secured with a non-residential lock; (3) is completely surrounded on all sides by a wall (i.e., fully enclosed); and (4) is roofed. Enclosed locked structures may include greenhouses, provided that only the roof of the greenhouse is made of transparent glass. All enclosed locked structures shall comply with the city and state building code, city and state fire code, and all other applicable laws. 2 N1 N. "Good cause" for purposes of denying an initial license under this chapter, for revoking a permit, or for denying a permit renewal or reinstatement, means at least one of the following: a. The applicant has not obtained approval by the city council of a development agreement setting forth the general terms for the operation of a business under this chapter or a licensee breaches the terms of an applicable development agreement. b. The applicant or licensee has violated any of the terms, conditions or provisions of this chapter, state law, any regulations promulgated under state law, any applicable local rules and regulations, or any special terms or conditions placed upon its state license, local license, or permit; C. The licensed premises has been or is operated --operating in a manner that adversely affects the public health, safety, or welfare of the immediate neighborhood in which the establishment is located; d. The applicant or licensee has knowingly made false statements, misrepresentations or material omissions on an application form, renewal form, or any other document submitted to the city; e. The applicant or licensee's criminal history does not indicate that the applicant or licensee is of good moral character; or the applicant or licensee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that, if the local licensing authority has issued a local license to the applicant or licensee, the City shall not consider any criminal history of the applicant or licensee that was disclosed to or discovered by the local licensing authority prior to the issuance of the local license and is confirmed by the applicant. For any criminal history that was not disclosed to or discovered by the local licensing authority prior to the issuance of the local license or that arose after the issuance of the local license, the City shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant or licensee, and shall evaluate the suitability of the applicant or licensee to be issued a permit based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the City shall consider the factors as set forth in Section 26057(b)(4) of the California Business and Professions Code; f. The applicant or licensee is employing or allowing to volunteer any person whose criminal history indicates that person is not of good moral character; g. The applicant or licensee fails to allow inspection of the security recordings, activity logs, or business records of the licensed premises by city officials; or h. An applicant or licensee is a licensed physician providing written 3 recommendations to patients for cannabis. N. "Good moral character" means having a personal history that demonstrates the propensity to serve the public in the licensed area in a manner that reflects openness, honesty, fairness, and respect for the rights of others and for the law. In determining good moral character, the following standards shall apply: 1. A judgment of guilt in a criminal prosecution or a judgment in a civil action shall not be used, in and of itself, as proof of an individual's lack of good moral character. Such judgment may be used as evidence in the determination, and when so used the individual shall be notified and shall be permitted to rebut the evidence by showing that at the current time he or she has the ability to, and is likely to serve the public in a fair, honest and open manner, that he or she is rehabilitated, or that the substance of the former offense is not substantially related to the occupation or profession for which he or she seeks to be licensed. 2. Notwithstanding Chapter 2 of Division 1.5 of the California Business and Professions Code, a prior conviction where the sentence, including any term of probation, incarceration, or supervised release is completed for possession of, possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance, is not considered substantially related, and shall not be the sole ground for denial of a local license, except that any of the following convictions shall be deemed substantially related and may be the sole grounds for denying a local license or permit: a. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance; or b. A felony conviction for selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor; or C. A felony conviction for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the California Health and Safety Code. d. Conviction for any controlled substance felony subsequent to issuance of a permit shall be grounds for revocation of a permit or denial of the renewal of a permit. O. "Immature marijuana plant' means a marijuana plant, whether male or female, that has not yet flowered and that does not yet have buds that are readily observed by unaided visual examination. This is distinguished from a "mature" plant, which has flowered and has buds. P. "Licensed premises" means the designated area on a single or immediately adjoining parcel(s) as identified by valid street address and Assessor Parcel Number, specified in an application for a permit under this chapter, which is owned or in possession of the applicant or 4 licensee and within which the applicant or licensee is applying for authorization to cultivate, manufacture, distribute, test, or is applying for multiple permitted uses, in accordance with the provisions of this chapter, the MAUCRSA, any development agreement approved by city council, and any rules adopted pursuant thereto. Q. "Licensee" means a person who has been issued a commercial cannabis business permit under this chapter for a Licensed Premises. R. "Limited access area" means a building, room, or other area that is part of the licensed premises, whose access is limited to certain authorized persons. S. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. T. "Manufacturer" means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. U. "Medicinal cannabis" has the same meaning as that term is defined by Section 26001(ai) of the California Business and Professions Code. V. "Medical cannabis business" means any person engaged in commercial cannabis activity. W. "Medicinal and Adult -Use Cannabis Regulation and Safety Act" or "MAUCRSA" means Division 10 of the California Business and Professions Code X. "Outdoors" means any location within the city that is not within an enclosed structure. Y. "Owner" means any of the following, pursuant to Section 26001(al) of the California Business and Professions Code: 1. A person or persons with an aggregate ownership interest of 2-0--one-Cl)- percent &one 1percent or more in the persen-Entity applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance. 2. The Chief Executive Officer of a nonprofit or other entity. 3. A member of the board of directors of a nonprofit. 4. An individual who will be participating in the direction, control, or management of the person applying for a license. E Z. "Person" has the same meaning as that term is defined by Section 26001 (an) of the California Business and Professions Code. AA. "Permit" means a "cannabis permit" that authorizes an entity to conduct commercial cannabis activity under this chapter. BB. "Physician," as used in this chapter, shall mean an individual who possesses a license in good standing to practice medicine or osteopathy from the state of California. CC. "State law(s)" means and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act); the California Attorney General's Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use issued in August, 2008, as such guidelines may be revised from time to time by action of the Attorney General; MAUCRSA, and all other applicable laws of the state of California. DD. "State license" has the same meaning as that term is defined by Section 26001(y) of the California Business and Professions Code. EE. "State licensing authority" shall mean the Bureau of Cannabis Control within the State Department of Consumer Affairs, the State Department of Public Health, State Department of Food and Agriculture, or any other state agency responsible for the issuance, renewal, or reinstatement of a State license issued pursuant to Division 10 of the California Business and Professions Code or any state agency authorized to take disciplinary action against such local license. FF. "Written documentation" shall have the meaning set forth in Section 1 1362.7(1) of the California Health and Safety Code. GG. "Youth center" means any public or private facility that is primarily used to host social activities for minors, including, but not limited to, social service teenage club facilities, video arcades, or similar amusement park facilities. 127.03: Relationship to Other Laws Except as otherwise specifically provided herein, this chapter incorporates the requirements and procedures set forth in Division 10 (commencing with Section 26000) of the California Business and Professions Code. In the event of a conflict between the provisions of this chapter and state statutes or regulations, State law controls. 127.04: Outdoor Cultivation It is hereby declared to be unlawful, a public nuisance, and a violation of this chapter for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the City to use or allow such premises to be used for the outdoor cultivation of cannabis plants. 6 127.05: Permitted Use A. Cannabis businesses shall only be permitted to operate in the city following issuance of a Permit approved by the City Council or staff designee and a business license issued by the City in accordance with the criteria and procedures set forth in Chapter 127 of this code and in compliance with the Baldwin Park Municipal Code. No land -use entitlement, permit (including building permit) approval, site plan, certificate of occupancy, zoning clearance, or other land -use authorization for a medical cannabis business shall be granted or permitted unless it complies with the provisions of this chapter and the applicable building standards and the Baldwin Park Municipal Code. If there is a conflict between the requirements of another chapter and this chapter, the requirements of this Chapter 127 prevail. B. All persons who are engaged in or who are attempting to engage in commercial cannabis activity in any form shall do so only in strict compliance with the terms, conditions, and restrictions of the MAUCRSA, the provisions of this Chapter 127, and all other applicable state and local laws. C. The Chief Executive Officer is authorized to make policies and procedures consistent with the intent and spirit of this chapter concerning the applications, the application process, the information required of applicants, the application procedures and the administration and procedures to be used and followed in the application and process. 127.06: Development Agreement Required Prior to operating in the City and as a condition of issuance of a Permit, the applicant shall enter into a development agreement with the City setting forth the terms and conditions under which the facility will operate that is in addition to the requirements of this chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed upon, approval of architectural plans (including site plan, floor plan, and elevation, to conform with manufacturing uses under the Baldwin Park Municipal Code), and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the City. 127.07: Permitted Zones -Distance and Other Conditions for Approval No more than 25 (twenty-five) Permits, each Lieensed pFemise f with a maximum of e-aeh-22,000 square feet of permitted commercial cannabis use may be allowed, maintained, or operated in the City at any time. If there is a conflict between the requirements of this chapter and any other chapter, the requirements of this chapter shall prevaiU. A. Manufacturing Site. 1. 4 -.—No manufacturing shall be located within 600 feet of a school, day-care center, or youth center or within 50 feet of a dwelling unit within a residential zone, pursuant to section E of this Code, except when exclusively manufacturing food and/or edible cannabis products and no other products, and no extraction of cannabis or cannabis products is taking place on the premises, the distance will be as specified in section 2 below._ 2. Manufacturing of edible cannabis products and no other products, and where no on-site extraction occurs, shall not be located within 600 feet of a school day-care center, or youth center and shall not be located within 25 feet of a dwelling unit within a residential zone pursuant to Section E of this Code. 3. 2.Subject to the distance and other requirements of this chapter and the Code, a licensed premises may only be '^�oeated on a property within the Industrial (I) -or the Industrial -Commercial (I -C) zones, and following the application for and granting of a development agreement by the city council and a business permit in accordance with this chapter. The proposed use shall comply with the minimum requirements set forth in this chapter for distance separations between manufaetur-ing sites and othef specific land uses. 4. 1 -All manufacturing of cannabis shall occur in an enclosed structure. 5. 4Licensed sites shall not exceed the 22,000 square feet maximum authorized pursuant to the controlling development agreement. 6. -5—From a public right-of-way, there should be no exterior evidence of the manufacturing of cannabis or manufactured cannabis products except for any signage authorized by this Code. 7. 6 All licensed sites shall comply with the city's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed. 8. 7 -.—All windows on the licensed premises of the manufacturing site shall be appropriately secured and all cannabis securely stored. 9. 8A licensed site, all operations conducted therein, and all equipment used must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes. 10. 9. If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in CFC Section 202, are to be used in the processing of medical cannabis or adult use, then the provisions of CFC Section 407 shall be applicable where hazardous materials subject to permits under CFC Section 50 (Hazardous Materials) are located on the licensed premises. 8 11. 10.—Storage, use, and handling of compressed gases in compressed gas containers, cylinders, tanks and systems shall comply with CFC Chapter 53. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 for general requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric Materials). A manufacturer shall prevent, control and mitigate of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with CFC Chapters 50 and 57. 44-.12 Licensed sites are permitted under this chapter under a Group F-1 (Factory Industrial Moderate -Hazard) Occupancy under the Fire Code. All new construction shall be fire sprinkled per the Fire Code. For manufacturing sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: a. A Group F-1 fire area exceeds 12,000 square feet. b. A Group F-1 fire area is located more than three stories above grade plane. C. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 22,000 square feet. -�?-13. Suitability of the proposed. All licensed facilities shall have P-ropesed property possesses air scrubbers or a filtration system capable of eliminating odors from escaping the building, of eemmitmei4 to befefe operating. 14. The manufacture distribution, and transportation of edible cannabis products shall be conducted in a manner that complies with all applicable food safety laws for the protection of humans consuming cannabis. 15. All products storage facilities, utensils, equipment, and materials used for the manufacture of edible cannabis products shall be approved, used managed and handled in accordance to the provisions of all State and County Health and Safety Laws regarding the preparation, distribution, labeling, and sale of food. 16. Any manufacturing site that proposes to prepare, store, dispense and distribute edible cannabis products shall comply with the relevant provisions of all State and County Health and Safety Laws regarding the preparation distribution, labeling, and sale of food. 0 17. No food production shall be allowed in a facility where edible cannabis products are manufactured to avoid the unintentional contamination of non -cannabis foods with cannabis. 18. All owners, employees, volunteers, or other individuals that participate in the production of edible cannabis products shall be State certified food handlers. The valid certificate number of each such owner, employee, volunteer, or other individual shall be on record at the permitted premises where said individual participates in the production of edible cannabis products. Cultivation Sites. 4 --No cultivation site shall be located within 600 feet of a school, day-care center, pa-Fk or youth center, or within 50 feet of a dwelling unit within a residential zone pursuant to section E of this Code., in eenformanee with state law. 2-.1._ _Subject to the distance and other requirements of this chapter and the Code, a site -a licensed premises may only be Located o a property within the Industrial (I) ai:rd-or Industrial -Commercial (I -C) zones, and following the application for and granting of a development agreement by the city council and a business permit in accordance with this chapter. The proposed use will comply with the minimum requirements set forth in this chapter for distance separations between manufactur-ing sites and othe f specific land uses. .2. All cultivation of cannabis shall occur in an enclosed locked structure. 4. Licensed sites shall not exceed the 22,000 square feet maximum authorized pursuant to the controlling development agreement. Cultivation sites shall not e)iceed the 22,000 authorized pidfsttant to the permit. 5,3. From a public right-of-way, there should be no exterior evidence of the cultivation of medical and adult use cannabis except for any signage authorized by this chapter. 6:4. All cultivation sites shall comply with the city's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed. 7.5. All windows on the licensed premises of a cultivation site shall be appropriately secured and all cannabis securely stored. 8:6. Areas where cannabis is cultivated are wet locations, and the electrical system in such areas must comply with Title 8 of this code, Article 300.6(D) of the National Electric Code, city and California building codes, fire codes, electrical a codes and all other applicable laws. 9-:7_ _Cultivation sites are under a Group F-1 (Factory Industrial Moderate - Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled under the Fire Code. For cultivation sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: a. A Group F-1 fire area exceeds 12,000 square feet. b. A Group F-1 fire area is located more than 3 stories above grade plane. C. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 22,000 square feet. 4-0:8. In addition to a Manufacturing or Cultivation permit, a cannabis business applicant may apply for another use as permitted by MAUCRSA, a development agreement approved by city council, this chapter, and any rules adopted pursuant thereto. 19_Suitability of the proposed property. All licensed facilities shall have air scrubbers or a filtration system capable of eliminating odors from escaping the building. odorsProposed pf!opej4y possesses air- ser-tibbers or- a filtration system eapable of eliminating irg• C. Distribution of Cannabis. A cannabis distribution Licensee shall carry or move cannabis within the city in accordance with MAUCRSA and State regulations. 1. No distribution site shall be located within 600 feet of a school, dam center, or youth center or within 50 feet of a dwelling unit within a residential zone, pursuant to section E of this Code. 2. Subject to the distance and other requirements of this chapter and the Code a licensed premises may only be a property within the Industrial (I) or the Industrial -Commercial (I -C) zones, and followingthe he application for and granting of a development agreement by the city council and a business permit in accordance with this chapter. The proposed use shall comply with the minimum requirements set forth in this chapter for distance separations between specific land uses. 3 All distribution of cannabis activities, including but not limited to packaging repackaging, loading and unloading of products shall occur in an enclosed structure. 4. Licensed sites shall not exceed the 22,000 square feet maximum authorized pursuant to the controlling development agreement. 5. From a public right-of-way, there should be no exterior evidence of commercial cannabis activity except for any signage authorized by this Code. 6. All licensed sites shall comply with the city's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed. 7. All windows on the licensed premises of the distributing site shall be appropriately secured and all cannabis securely stored. 8. A licensed site, all operations conducted therein, and all equipment used must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes. 9. Licensed sites are permitted under this chapter under a Group F-1 (Factory Industrial Moderate -Hazard) Occupancy under the Fire Code. All new construction shall be fire sprinkled per the Fire Code. For distributing sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: a. A Group F-1 fire area exceeds 12,000 square feet. b. A Group F-1 fire area is located more than three stories above grade plane. C. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 22,000 square feet. i 10. Suitability of the proposed property, Staff reserves the right to require a licensed distribution facility.._to. install air scrubbers or a filtration system capable of eliminating odors from escaping the building if the facility is found to emit cannabis odors. D. Nonconforming Use. Any cannabis business or cannabis dispensary established or operating in the city in violation of this Chapter or the ban established by Part 10, of Chapter 153 Section 153.120.320 of the Baldwin Park Zoning Code, shall not be considered a lawful or permitted nonconforming use, and no cannabis business operating unlawfully is eligible for a cannabis business permit. Further, any such unlawfully established cannabis business shall constitute a public nuisance subject to abatement by the city, pursuant to Chapter 95, Section 95.09. E. Distances. All distances specified in this section shall be measured in the following manner: 1. For schools, day-care centers, parks, or youth centers, the distance shall be measured in a straight line from the subject property line to the closest property line of the lot on 12 which the cannabis business is to be located without regard to intervening structures. 2. For determining distance to residential zones, the distance shall be measured in a straight line from the subject building to the closest dwelling unit building on the lot on which the cannabis business is to be located without regard to intervening structures. F. Factors Considered for Permit Approval. Approval of a permit shall take into account the safety of the public, including, but not limited to, the following factors: 1. Suitability of the proposed property; 2. Suitability of the security plan; 3. Suitability of business plan and financial record keeping; 4. Criminal history; 5. Regulatory compliance history; 6. Good legal standing; 7. Community engagement; 8. Environmental impact; and 9. Labor relations. 127.08: No Transfer or Change in Ownership or Location. An owner of a cannabis business who obtains a permit under this chapter may not sell, transfer, pledge, assign, grant an option, or otherwise dispose of his or her ownership interest in the commercial medical and adult -cannabis business covered by any permit issued under this chapter without a written request deemed appropriate by Chief Executive Office of the City or his/her designees and a Citv Council a1mroved, full executed, and effective development agreement. The licensed premises shall only be the geographical area that is specifically and accurately described in executed documents verifying lawful possession. No Licensee is authorized to relocate to other areas or emits within a building structure without first filing a change of location application pang any applicable processing fees and obtaining approval from the city council, regardless of any possessory interest or right to possession to such additional space. 127.09: Alterinl4; or ModifyinjZ Location A. Persons permitted pursuant to the provisions of this chapter or those making application for such permits, must demonstrate proof of lawful possession of the licensed premises Evidence of lawful possession consists of properly executed deeds of trust, leases, or other written documents. B. , Location. The lieensed premises hall only be the geogfaphieal MW I Inn - 13 addit-ienal-.No-aee. No Licensee shall add additional units or areas, thereby altering the initially approved premises, without filing an application to modify the location on forms prepared by the Chief Executive Officer, and -paying any applicable processing fees, and obtaining approval from the city council. C. Subletting Not Authorized. No Licensee is authorized to sublet any portion of any Licensed Premises for any purpose, unless all necessary forms and application to modify the existing location to accomplish any subletting have been approved by the city council. D. Application Required to Alter or Modify Licensed Premises. After issuance of a permit, the licensee shall not make any physical change, alteration, or modification of the Licensed Premises that materially or substantially alters the premises, production estimates, or the usage of the premises from the plans originally approved with the development agreement, without the prior written approval of the city council or its designee. The licensee whose premises are to be materially or substantially changed is responsible for filing an application for approval on current forms provided by the City. E. What Constitutes a Material Change. Material or substantial changes, alterations, or modifications requiring approval include, but are not limited to, the following: 1. Any increase or decrease in the total physical size or capacity of44+e leeation any licensed premises or Permit approved square footage, 2. The sealing off, creation of, or relocation of a common entryway, doorway, passage, or other such means of public ingress and/or egress, when such common entryway, doorway, or passage alters or changes limited access areas, s,,,,', as the ,inti..,,,,,, within the Licensed Premises; 3. The installation or replacement of electric fixtures or equipment, the lowering of a ceiling, or electrical modifications made for the purpose of increasing power usage to enhance cultivation activities. F. Application. The city council or its designee may grant approval for the types of changes, alterations, or modifications described herein upon the filing of an application by the Licensee and payment of any applicable fee. The Licensee must submit all information requested by the city council or its designee including but not limited to documents that verify the following: 1. The Licensee will continue to have exclusive possession of the premises, as changed, by ownership, lease, or rental agreement, and sole control of all production; and 2. The proposed change conforms to any and all City restrictions related to the time, manner, and place of regulation of the commercial cannabis activity. 14 127.10: Grounds for Denial of Permit -Additional Conditions Imposed A. The chief Executive Officer or designee may reject an application upon making any of the following findings: 1. The applicant made one or more false or misleading statements or omissions on the registration application or during the application process; 2. The applicant's business entity, if applicable, is not properly organized in strict compliance pursuant to the applicable law, rules, and regulations; 3. The applicant fails to meet the requirements of this chapter or any regulation adopted pursuant to this chapter; 4. The applicant's facility or its location is in violation of any building, zoning, health, safety, or other provision of this Code, or of any state or local law or the facility or its location is not permitted in the proposed area, or the issuing or continuation of a permit would be contrary to the public health, welfare, safety, or morals; 5. The applicant, or any of its officers, directors, owners, managers, or employees is under twenty-one (2 1) years of age; 6. The applicant, or any of its officers, directors, or owners, or any person who is managing or is otherwise responsible for the activities of the Licensed Premise, or any employee who participates in the dispensing, cultivation, processing, manufacturing, delivery, or transporting of medical and/or adult commercial camlabis and/or cannabis products marijuana or who participates in the daily operations of the medical and/or adult use maxi uana commercial cannabis facility, has been convicted of a violent felony, a felony or misdemeanor involving fraud, deceit, embezzlement, or moral turpitude; 7. The applicant or any of its officers, directors, owners, or managers is a licensed physician making patient recommendations for cannabis; 8. The applicant or any of its officers, directors, owners, or managers has been sanctioned by the City, the State of California, or any county for unregistered medical cannabis activities or has had a registration revoked under this chapter in the three (3) years; 9. The applicant did not pay to the city the required application and processing fees; 10. Good cause exists to deny the application, as defined in this chapter. 11. Applicant's application does not reflect the purpose of this chapter, to promote the health, safety, morals, and general welfare of residents and businesses within the city. 15 127.11: Security A. General Security Requirements 1. Security cameras shall be installed and maintained in good working condition, and used in an on-going manner with at least 240 continuous hours of digitally recorded documentation in a format approved by the Chief of Police and/or his designee. The cameras shall be in use 24 hours per day, 7 days per week. The areas to be covered by the security cameras include, but are not limited to, the storage areas, manufacturing or cultivation areas, all doors and windows, and any other areas as determined by the Chief of Police and/or his designee. 2. Entrances to any storage areas shall be locked at all times and under the control of Licensee's staff. 3. The business entrance(s) and all window areas shall be illuminated during evening hours. The applicant shall comply with the City's lighting standards regarding fixture type, wattage, illumination levels, shielding, etc., and secure the necessary approvals and permits as needed. 4. All windows on the Licensee's building shall be unopenable or locked and all product securely stored. 5. Each Licensee shall implement a system to track the cultivation and manufacturing of cannabis in order to prevent the Licensee from diverting or transporting cannabis to any location not authorized by state laws or any local law or regulation. 6. All waste and disposal containers shall be stored in a secure area, and under the control of Licensee's staff. B. Security Alarm Systems - Minimum Requirements 1. Each Licensed Premises shall have a Security Alarm System, installed by a licensed alarm eompnny, th-atcompany that alters the alarm monitoring company on all premises entry points and windows. 2. Each Licensed Premises must be continuously monitored by an alarm monitoring company. 3. The Licensed Premises shall maintain up-to-date records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises. 4. Upon request, each licensee shall make available to the Chief Executive Officer or any state or local law enforcement agency, for a purpose authorized by 16 this chapter or state or local law enforcement purpose, all infonnation related to security alarm systems, recordings, monitoring, and alarm activity. C. Lock Standards -Minimum Requirement. On all doors, the Licensee shall ensure the use of commercial -grade, nonresidential door locks. D. Video Surveillance Requirements: 1. Prior to exercising the privileges of a permit under this chapter, an applicant must install fully operational video surveillance and camera recording system. The recording system must record in digital format and meet the requirements outlined in this Section. 2. All physical, non -cloud based, video surveillance recordings must be stored in a secure area that is only accessible to the management staff of the Licensed Premises. 3. Video surveillance records and all recordings must be made available upon request to the Chief of Police or any other state or local law enforcement agency for a purpose authorized by this chapter or for any other state or local law enforcement purpose. 4. Video surveillance records shall be held in confidence by all employees and representatives of the Chief Executive Officer, except that the Chief of Police or his designee may provide such records and recordings to a state or local law enforcement agency for a purpose authorized by this Chapter or for a state or local law enforcement purpose. 5. A sign shall be posted in a conspicuous place near each point of public aceessentry and/or exit that shall be not less than 12 inches wide and 12 inches high, composed of letters not less than one inch in height, stating "All Activities Monitored by Video Camera" or "These Premises Are Being Digitally Recorded" or other similar language wipe advising all persons entering the Licensed Premises that a video surveillance and camera recording system is in operation at the Licensed Premises and recording all activity as provided in this Chapter. 6. The Licensed Premises should shall use video surveillance equipment and a camera system that can be accessed remotely 24 hours a day by the Baldwin Park Police Department and the City, as specified in each development agreement. E. Video Surveillance Equipment 1. Video surveillance equipment shall, at a minimum, consist of digital or video recorders, cameras capable of meeting the recording requirements described in this section, video monitors, digital archiving devices, and a color printer capable of delivering still photos. IVA 2 All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the Lieensed Pfem seslicensed permit holder of any prolonged surveillance interruption and/or the complete failure of the surveillance system. 3. Licensed Premises are responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored areas. 4. All video surveillance equipment shall have sufficient battery backup to support a minimum of 4 hours of recording in the event of a power outage. F. Placement of Cameras and Required Camera Coverage 1. Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities on the Licensed Premises. 2. All entrances and exits to the facility shall be recorded from both indoor and outdoor vantage points. 3. The system shall be capable of recording all pre -determined surveillance areas in any lighting conditions. If the Licensed Premises has a cannabis cultivation area, a rotating schedule of lighted conditions and zero -illumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes. 4. Areas in which cannabis is grown, tested, cured, manufactured, or stored shall have camera placement in the room racing the r,-;,, ar- , entry '^ at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment. 5. Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur. 6. At least one camera must be dedicated to record the access points to the secured surveillance recording area. 7. All outdoor cultivation areas must meet the same video surveillance requirements applicable to any other indoor Limited -Access Areas. G. Location and Maintenance of Surveillance Equipment 1. Surveillance recording equipment must be housed in a designated, locked and secured room or- oth enclosure with access limited to authorized employees, agents of the 18 Chief Executive Officer, state or local law enforcement agencies for a purpose authorized by this chapter or for any other state or local law enforcement purpose, and service personnel or contractors. 2. The Licensee must keep a current list of all authorized employees and service Personnel who have access to the surveillance system and/or room on the Licensed Premises. Licensed Premises must keep a surveillance equipment maintenance activity log on the Licensed Premises to record all service activity, with the identity of the individual(s) performing the service, the service date and time, and the reason for service to the surveillance system. 4:3. Each Licensed Premises located in a shared building must have a separate surveillance room/area that is dedicated to that specific Licensed Premises. All minimum requirements for equipment and security standards as set forth in the section apply to the review station. H. Video Recording and Retention Requirements 1. All camera views of all recorded areas must be continuously recorded 24 hours a day. 2. All surveillance recordings must be kept for a minimum of 90 days and be in a format that can be easily accessed for viewing on premises. Video recordings must be archived in a format that ensures authentication of the recording as legitimately -captured video and guarantees that no alteration of the recorded image has taken place. 3. The surveillance system or equipment must have the capabilities to produce a color still photograph from any camera image, live or recorded. 4. The date and time must be embedded on all surveillance recordings without significantly obscuring the picture. 5. Time is to be measured in Pacific Standard Time in accordance with the U.S. National Institute of Standards and Technology. 6. After the 90 -day surveillance video retention schedule has lapsed, surveillance video recordings must be erased or destroyed prior to being discarded or disposed of for any other purpose. Surveillance video recordings may not be destroyed if the T ieensed Premiseslicensed Permit Holder knows or should have known of a pending criminal, civil, or administrative investigation or any other proceeding for which the recording may contain relevant information. I. Other Records H All records applicable to the surveillance system and cannabis tracking system shall be maintained on the Licensed Premises. At a minimum, Licensed Premises shall maintain a map of the camera locations, direction of coverage, camera numbers, surveillance equipment maintenance activity log, user authorization list, and operating instructions for the surveillance equipment. J. Suitability of Security Plan The applicant's security plan shall include twenty-four (24) hours per day security. Tires the presence of security personnel on premises and/or erperiodic —patrolling of the premises within the twenty-four (24) hours per day is permitted. 127.12: Fees and Charges. A. Prior to operating in the city, theoperator- of eaeh Licensed prem &ea the commercial cannabis permit holder for each licensed premises -shall timely and fully pay all fees associated with the establishment of that business. The fees shall be as set forth in the schedule of fees and charges established by resolution of the city council, including, but not limited to, the following: 1. Application fee for accepting a registration application; due and payable in full at the time an application is submitted; 2. Processing fee for the cost to the city of processing an application and reviewing, investigating, and scoring each application in accordance with any evaluation system to determine eligibility for issuance of a Permit, due and payable in full at the time a registration application is submitted; 3. Permit issuance fee for the cost to the city of preparing a development agreement, city council review and approval of the development agreement and the Permit, and preparation and issuance of the Permit as authorized by the city council, due and payable in full at the time the city issues a Permit; 4. Amended registration fee for the cost to the city of reviewing amendments or changes to the registration form previously filed on behalf of the Licensed Premises; due and payable in full at the time amendments or changes to any Permit form is submitted to the city; 5. Permit renewal fee for the cost to the city of processing an application to renew a Permit; due and payable in full at the time application is made to renew a Permit; 6. Any fees for inspection or investigation that are not included within the other fees associated with registration; due and payable in full upon request of the city; and 7. Any fees set forth in the applicable development agreement. 20 127.13: Limitations on City's liability A. To the fullest extent permitted by law, the City does not assume any liability whatsoever, with respect to approving any permit pursuant to this chapter or the operation of any cannabis facility approved under to this chapter. B. As a condition of approval of a permit as provided in this chapter, the applicant or its legal representative shall do the following: 1. Execute an agreement indemnifying the city from any claims, damages, injuries, or liabilities of any kind associated with the registration or operation of the cannabis facility or the prosecution of the cannabis facility or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws; 2. Maintain insurance in the amounts and of the types that are acceptable to the city Council or designee; 3. Name the City as an additional insured on all City -required insurance policies; 4. Agree to defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of the Licensee's regulatory permit; and 5. Agree to reimburse the City for any court costs and attorney fees that the city City may be required to pay as a result of any legal challenge related to the eCity's approval of the Licensee's regulatory permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder. 127.14. Inspections A. The Chief Executive Officer, law orf f eemet,*Chief of Police or their designees, shall have the right to enter all Licensed Premises from time to time unannounced during the facility's hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this chapter, to inspect and copy records required to be maintained under this chapter, or to inspect, view, and copy recordings made by security cameras, all without requirement for a search warrant, subpoena, or court order, and subject to appropriate fees as specified in the development agreement. B. Operation of a Licensed Premises in noncompliance with any conditions of approval or the provisions of this chapter shall constitute a violation of the Code and shall be enforced pursuant to the provisions of this Code. C. The Chief Executive Officer or designee may summarily suspend or revoke a 21 Permit, or disqualify an applicant from the registration process, or elect not to renew a regulatory permit if any of the following, singularly or in combination, occurs: 1. The Chief Executive Officer or designee determines that the cannabis facility has failed to comply with any requirement of this chapter or the approved development agreement or any condition of approval or a circumstance or a situation has been created that would have permitted the Chief Executive Officer or designee to deny the regulatory permit under this chapter or elect not to renew or revoke the permit under this chapter; 2. The licensee or applicant has conducted itself or is being conducted in a manner that creates or results in a public nuisance, as defined in Chapter 95 of the Baldwin Park Municipal Code; 3. The licensee Premises ceased operations for more than 90 calendar days, including during change -of -ownership proceedings; 4. Ownership is changed without the newowners applying for- and - City Council approval and authorization under this chapter; 5. The licensee relocates to a different location or premises without City Council approval and authorization; and 6. The licensee fails to allow inspection or copying of the security recordings or the activity logs or records required to be kept under this chapter or denies entry to the premises to city officials authorized to inspect the premises. D. Abatement The city shall initiate abatement proceedings as authorized by the Code if necessary to correct any violation of this chapter or Code. E. Violation Deemed Misdemeanor -Penalty Any person violating any of the provisions of this chapter or any applicable rule in this chapter or Code, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by the maximum penalties provided for in the Penal Code section 19. 127.15: Public Nuisance Prohibited It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge of any parcel within the city to create a public nuisance in the course of cultivating, manufacturing, testing or distributing cannabis or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces: A. Odors which are disturbing to people of reasonable sensitivity or present on 22 adjacent or nearby property or areas open to the public. B. Repeated responses to the Premises by law enforcement personnel. C. A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise- exceeding the noise levels set by Baldwin Park Zoning Code Section 153.140.070, which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public. D. Any other impacts on the neighborhood that are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelliftgbuildina, excessive vehicular traffic or parking occurring at or near dingPremises, and excessive noise emanating from the dwell-ingPremises. E. Outdoor growing and cultivation of cannabis. 127.16: Appeals Any decision regarding or pertaining to the permit process set forth in this chapter, or any action taken by the Chief Executive Officer or designee pursuant hereto, may be appealed to the city council. Such appeal shall be taken by filing with the city clerk, within ten (10) days after notice of the action or decision complained of has been issued, a written statement setting forth the grounds for the appeal. The city clerk shall transmit the written statement to the city council, and at its next regular meeting, the council shall set a time and place for a hearing on the appeal. Notice of the time and place of such hearing shall be mailed to the appellant. The decision of the city council on such appeal shall be final and binding on all parties concerned. 127.17: Statewide Regulation. This chapter, and the provisions herein, shall be read consistent with any statewide regulation of cannabis now and in the future. This ordinance shall govern the conduct of a business allowed to operate a commercial cannabis activity in the City. 127.17: Interpretation. The provisions of this chapter shall be read to be consistent with State laws, this chapter, and this Code. At no time shall a commercial cannabis business in compliance with state law and this Code be deemed to be an unlawful business. 127.18: Severability. Should any provision of this chapter, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance, and the provisions of this chapter are severable. 23 SECTION 2. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion or the ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. First read at a regular meeting of the City Council of the City of Baldwin Park held on the 6th day of November, 2019, and adopted and ordered published at a regular meeting of said Council on the 20th day of November, 2019. PASSED AND APPROVED ON THE 201h DAY OF NOVEMBER, 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA } COUNTY OF LOS ANGELES 55: 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 November 6, 2019. Thereafter, said Ordinance No. 1445 was duly approved and adopted at a regular meeting of the City Council on November 20, 2019 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: 24 JEAN M. AYALA CITY CLERK 25 ATTACHMENT #2 ORDINANCE 1443 MUNICIPAL CODE CHAPTER 153 (ZONING CODE) AMENDMENT ORDINANCE NO. 1443 AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING TABLE 153.050.020, SECTION 153.120, AND TABLE 153.150.040 OF CHAPTER 153 OF THE CITY'S MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS USE WHEREAS, Chapter 153 of the City of Baldwin Park Municipal Code regulates medical and adult use commercial cannabis within the Industrial Commercial and Industrial zones pursuant to Table 153.050.020; and WHEREAS, Government Code Section 5022.7 permits the amendment of municipal codes as often as deemed necessary by the legislative body, and WHEREAS, The City determined that the proposed action (the "Project") is exempt from California Environment Quality Act (CEQA), and WHEREAS, State CEQA Guidelines Section 15061 (b)(3), the General Rule that CEQA only applies to projects that may have an affect on the environment; and WHEREAS, on September 25, 2019, after conducting a properly noticed public bearing, the Planning Commission adopted Resolution No. PC 19-18, recommending that the City Council amend Chapter 127 of the BPMC as it pertains to medical and adult use commercial cannabis. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PAK DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 153 ("Zoning Code") Table 153.050.020 entitled "Permitted and Conditionally Permitted Uses within Commercial and Industrial Zones" shall be amended to include 153.120 Part 18 under additional regulations for Medical and Adult Cannabis Cultivation, Manufacturing and Distribution, and shall read as follows: Acupressure/Acupuncture Establishments -- -- -- -- -- Adult-Oriented Businesses -- -- -- P P 153.120 Part 1 Alcohol Sales a. On -Sale Outlets b. Off -Sale Outlets CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP 153.120 Part 2 Antique Shops -- P -- P -- Arcades and Internet Cafes -- CUP -- CUP -- 153.120 Part 3 Art/ Photography Stores, Studios and Galleries -- P P P -- Astrology and Fortunetelling Establishments -- CUP -- -- -- P Permitted use TABLE 153.050.020 CUP Conditional use permit required Permitted and Conditionally Permitted Uses A' Accessory use, within Commercial and Industrial Zones Use - not allowed Additional Land Use C -i C-2 F -C I -C I Regulations Automotive Sales and Services a. Automotive Detailing -- CUP -- CUP -- b. Automotive Repair and Installation -- CUP -- CUP CUP Automotive wash c. Automotive Sales, Rental and Leasing -- -- CUP CUP CUP accessory to a (new) CUP permitted sales or d. Automotive Sales, Rental and Leasing -- -- -- CUP rental facility is (used) P permitted e. Automotive Parts Supply Stores P P P P CUP f. Automotive Washes -- CUP -- CUP Banks and Financial Institutions -- P P P P Boat Sales (new or used) -- CUP CUP CUP CUP Business Support Services (blueprinting, -- P P P P computer -services, publishing, film processing, equipment rental, etc.) Catering Establishments -- P -- P P Commercial Entertainment (motion picture -- CUP CUP CUP -- theaters, performing arts centers, dance halls) Congregate Living Health Facilities CUP CUP -- -- -- Day Care Facilities — Child CUP CUP -- -- -- 153.120 Part 6 Day Care Facilities — Adult CUP CUP -- -- -- Drive-through Establishments -- CUP CUP CUP CUP 153.120 Part 7 Drug Stores and Pharmacies P P CUP P -- Educational Institutions a. College, University, Professional -- CUP -- CUP CUP 153.040.030 b. Elementary and Secondary (private) -- CUP -- CUP -- 153.040.030 c. Elementary and Secondary (public) P P P P P d. Vocational and Trade Schools -- -- -- CUP CUP 153.040.030 Emergency Shelters -- -- -- P -- 153.120 Part 16 Equipment Sales, Rental or Repair — Large -- -- -- CUP CUP Equipment Equipment Sales, Rental or Repair (excludes -- P P P P automotive and large equipment) Food and Beverage Sales a. Grocery Stores (includes large, full-service -- P CUP P P markets) b. Specialty Stores (deli, coffee, bakery, P P P P P produce) c. Convenience Stores CUP CUP CUP CUP CUP d. Liquor Stores -- CUP -- CUP CUP 153.120 Part 2 Food Processing Plant -- -- -- -- CUP PPermitted use TABLE 153.050.020 CUP Conditional use permit required Permitted and Conditionally Permitted Uses A Accessory use within Commercial and Industrial Zones - Use not allowed Additional Land Use C-1 C-2 F -C I -C I Regulations Game Machines A A A A A 153.050.040 Helistops, Heliports -- -- -- -- -- Heliports associated with permitted hospitals may be permitted in association with any valid discretionary permit Home Improvement Store -- CUP CUP CUP CUP Hospitals and Medical Services: a. General Hospital Facilities (primarily -- CUP CUP CUP -- 153.040.030 inpatient) b. Medical/DentalOffices P P P P -- c. Ambulance Services -- -- A CUP CUP Hotels and Motels -- CUP CUP CUP -- 153.120 Part 9 Kennels -- -- -- CUP CUP Laundry Facilities, Commercial (carpet, -- -- -- CUP CUP upholstery, etc) Manufacturing, Assembly, Industrial, Welding, -- -- -- P P This use category Storage, Fabrication, Research and Testing applies to both raw and Establishments previously prepared materials, excluding uses involving an incinerator, blast furnace or other similar industrial process (e.g., batch plants, truss manufacturing, canneries, co- generation plants, equipment assembly). Uses involving an incinerator, blast furnace or other similar industrial process shall require a Conditional Use Permit. Massage Establishments and Services -- -- -- -- -- 153.120 Part 17 Medical Marijuana/Cannabis Dispensaries -- -- -- -- -- TABLE 153.054.020 P Permitted use Permitted and Conditionally Permitted Uses CUP Conditional use `permit' required within Commercial and Industrial Zones A Accessory use - Use not allowed Additional Land Use C-1 C-2 F -C I -C I Regulations Medical and Adult Cannabis Cultivation, -- -- -- P P Permitted by right, but Manufacturing and Distribution (DA) (DA) pursuant to 153.120 Part 18 and Chapter 127 of the Municipal Code and approval of a Development Agreement (DA) Mortuaries -- CUP -- CUP -- Multiple Tenant Retail - Small -- P -- -- -- Multiple Tenant Retail - Large -- -- P -- -- Nightclubs -- CUP -- CUP -- Nightclubs accessory to a permitted primary use are permitted, provided the permit for the primary use expressly identifies the nightclub as an accessory use Off -Street Parking Facility CUP CUP CUP CUP CUP Must be located within 300 ft of the primary use/parcel Offices — Business and Professional P P P P P Outdoor Storage and Use -- A -- A A 153.050.050 Parcel Delivery Terminals -- -- -- CUP CUP Personal Services (barber shops, beauty P P -- P P salons/spas, tailors, dry cleaning, self-service laundry, mailbox services, etc.) Pet Stores P P P -- -- Places of Assembly CUP CUP -- CUP CUP Recreational Facilities a. Dance or Martial Arts Studios P P -- -- -- b. Health Clubs and Gymnasiums -- CUP CUP CUP CUP c. Indoor Facilities (billiards, bowling alleys, -- CUP CUP CUP CUP 153.120 Part 5 etc.) d. Outdoor Facilities (batting cages, golf -- -- -- CUP CUP courses, etc.) Recycling Facilities (mobile or staffed facilities) -- CUP -- CUP CUP No more than one recycling facility shall be permitted within a radius of 3,000 feet. Section 2. Chapter 153 ("Zoning Code") Section 153.120 entitled "Standards for Specific Land Uses and Activities" shall be amended to include Part 18, and shall read as follows: PART 10 MEDICAL MARIJUANA/CANNABIS DISPENSARIES 153.120.330- Use Prohibited Medical Marijuana/Cannabis Dispensaries are prohibited in the city. PART 18 Medical and Adult Cannabis Cultivation Manufacturing and Distribution 153.120.560 — Intent and Purpose The purpose of regulating commercial cannabis activity is to comply with California state law in a manner designed to minimize negative impact ou the City, and to promote the health safety, morals, and general welfare of residents and businesses with in the Citv. 153.120.570 — Use Regulations PPermitted use TABLE 153.050.020 CUP Conditional use permit required Permitted and Conditionally Permitted Uses A, Accessory use' within Commercial and Industrial Zones - Use not :allowed Additional ,Land Use C-1 C-2 F -C' I -C ` I Regulations Restaurant: a. Restaurant with no Alcohol Sales P P P P P b. Restaurant with Alcohol Sales CUP CUP CUP CUP CUP 153.120 Part 2 Retail Shops P P P P P Secondhand Stores -- CUP -- -- -- Self-Storage Facility (mini -warehouse) -- -- -- CUP CUP Indoor Storage only. Service Stations -- CUP CUP CUP CUP 153.120 Part 12 Studios (film, motion picture, research, testing, -- -- -- P P etc.) Swap Meets -- -- -- -- -- Tobacco Shops -- -- -- CUP -- Transportation Facilities (bus or truck terminals, -- -- -- -- -- taxi dispatch yards, etc.) Tz-ebaeeo Shops — — — — Vending Machines 153.050.040 a. Regular A A A A A b. Reverse -- A A A A Veterinary Services (clinic and hospital) -- CUP -- CUP CUP Warehouses -- -- -- -- CUP Wholesale Sales A A A A A Section 2. Chapter 153 ("Zoning Code") Section 153.120 entitled "Standards for Specific Land Uses and Activities" shall be amended to include Part 18, and shall read as follows: PART 10 MEDICAL MARIJUANA/CANNABIS DISPENSARIES 153.120.330- Use Prohibited Medical Marijuana/Cannabis Dispensaries are prohibited in the city. PART 18 Medical and Adult Cannabis Cultivation Manufacturing and Distribution 153.120.560 — Intent and Purpose The purpose of regulating commercial cannabis activity is to comply with California state law in a manner designed to minimize negative impact ou the City, and to promote the health safety, morals, and general welfare of residents and businesses with in the Citv. 153.120.570 — Use Regulations A Chapter 127: Medical and Adult Use Commercial Cannabis. All commercial cannabis activity shall comply with all applicable provisions of Title XI Chapter 127 Medical and Adult Use Commercial Cannabis, of this code. B Outdoor Cultivation Owning leasing occupying or having charge or possession of any parcel within any zoning district in the City to use or allow such premise to be used for the outdoor cultivation of cannabis plants is prohibited in the City. C. Development Agreement Required. Prior to operating in the City and as a condition of issuance of a Permit the applicant shall enter into a development agreement with the City setting forth the terms and conditions under which the facility will operate that is in addition to the requirements of Title XI Chapter 127 including but not limited to public outreach and education, community service payment of fees and other charges as mutually agreed upon approval of architectural plans (including site plan floor plan and elevation to conform with manufacturing uses under the Baldwin Park Municipal Code) and such other terms and conditions that will protect and promote the public health safety, and welfare of all persons in the City. D. Maximum Number of Commercial Cannabis Permits. No more than 25 (twenty-five) Permits, each with a maximum of 22,000 square feet of permitted commercial cannabis use may be allowed, maintained, or operated in the City at any time. $ 1.53.120.580 — Development Standards The development standards set forth in subchapter 153.050, Commercial and Industrial Zones, shall a to commercial cannabis facilities unless otherwise specified here. The location and types of commercial cannabis facilities shall be limited as follows: A Proximity to schools, day-care centers, or youth centers A commercial cannabis facility shall not be located within 600 feet of a school day-care center, or youth center. B Proximity to residential zoning districts. A commercial cannabis facility shall not be located within 50 feet from a dwelling unit within a residential zone except when exclusively manufacturing food and/or edible cannabis products and no other products and no extraction of cannabis or cannabis products is taking place on the premises. A Manufacturing facility of edible cannabis products and no other products and where no on-site extraction occurs shall not be located within 25 feet of a dwelling unit within a residential zone. C Maximum square footage Each approved permit shall not exceed 22,000 square feet of commercial cannabis floor area. D. Facility. A commercial cannabis facility shall comply with the following: 1. AI I activity shall occur in an enclosed locked structure. Lochs shall be of commercial grade. Residential door locks are prohibited; and 2. From a public right-of-way, there should be no exterior evidence of the manufacturing, Cultivation and/or distribution of medical and adult use cannabis; and 3. All licensed sites shall comply with the City's lighting standards including, without limitation fixture type wattage illumination levels and shielding and secure the neccessary approvals and permits as needed : and 4. All windows on the licensed premises shall be appropriately secured and all cannabis securely stored , and 5. All operations conducted within a licensed premises and all equipment used must be in compliance with all applicable state and local laws including all building, electrical, and fire codes; and 6. Areas that are wet locations and the electrical system in such areas must comply with Title 8 of this code Article 300.6(0) of the National Electric Code City and California building codes fire codes electrical codes and all other applicable laws-, and 7. Licensed sites are permitted under this chapter under a Group F-1 (Factory Industrial Moderate -Hazard) Occupancy under the Fire Code. All new construction shall be fire sprinkled per the Fire Code. For all commercial cannabis facilities that will be sited in an existing structure an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: a. A Group F -I fire area exceeds 12,000 square feet. b. A Group F-1 fire area is located more than 3 stores above grade plane. c. The combined area of all Group F-1 fire areas on all floors including any mezzanines, exceeds 22,000 square feet. 8.. All licensed rnanufactu_ring_ and cultivati_ng_._premises shall possess air scrubbers or a filtration system capable of eliminating odors from escaping the building before operating ; and 9 Licensed distribution facility. Staff reserves the right to require a licensed distribution „facility to install air scrubbers or a filtration system„ capable of eliminatinodors from escaping the buildit if the facility is found to emit cannabis odors. 10 The manufacture distribution and transportation of edible cannabis products shall be conducted in a manner that complies with all applicable food safety laws for the protection of humans consuming cannabis. I ]All products storage facilities utensils equipnent and materials used for the manufacture of edible cannabis products shall be approved used managed and handled in accordance to the provisions of all State and County Health and Safety Laws regarding the preparation, distribution labeling, and sale of food. 12 ...._.....Any manufacturing site that proposes to prepare store dispense and distribute edible cannabis products shall comply with the relevant provisions of all State and County Health and Safety Laws regarding the preparation distribution labeling, and sale of food. 13 No food production shall be allowed in a facility where edible cannabis products are manufactured to avoid the unintentional contamination of non -cannabis foods with cannabis. 14 All owners employees volunteers or other individuals that participate in the production of edible cannabis products shall be State certified food handlers. The valid certificate number of each such owner, employee volunteer, or other individual shall be on record at the permitted remises where said individual participates in the production of edible cannabis products. Security. All security requirements set forth in Title XI Chapter 127 Medical and Adult Use Commercial Cannabis, of this code are applicable. l . Security cameras shall be installed and maintained in good working condition, and used in an on-going manner with at least 240 continuous hours of digitally recorded documentation in a format approved by the Chief of Police and/or his designee. The cameras shall be in use 24 hours per day, 7 days per week The areas to be covered by the security cameras include but are not limited to the storage areas manufacturing or cultivation areas all doors and windows and any other areas as determined by the Chief of Police and/or his designee. 2. Entrances to an stege areas shall be locked at all times and under the control of Licensee's staff. 3. The business entrance(s) and all window areas shall be illuminated during eveninghours. The applicant shall comply with the City's lighting standards regarding fixture type, wattage illumination levels shielding etc.,and secure the necessary approvals and permits as needed. 4. All windows on the Licensee's building shall be unopenable or locked and all product securely stored. 5. Each Licensee shall implement a system to track the cultivation and manufacturing 0 cannabis in order to prevent the Licensee from diverting or transporting cannabis to any location not authorized by state laws or any local law or regulation. 6. All waste and disposal containers shall be stored in a secure area, and under the control of Licensee's staff. 7. Each Licensed Premises shall have a Security Alarm System installed by a licensed alarm company that alters the alarm monitoring company on all premises entry points and windows. 8. Each Licensed Premises must be continuously monitored by an alarm monitoring company, 9. The Licensed Premises shall maintain up-to-date records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones the name of the licensed alarm company, and the name of anv vendor monitoring the premises. 10. Uponrequest each licensee shall make available to the Chief Executive Officer or any state or local law enforcement agency, for a purpose authorized by this chapter or state or local law enforcement purpose all information related to security alarm systems, recordings monitoring and alarm activity. 11. Prior to exercising the privileges of a permit under this chapter, an applicant must install fully operational video surveillance and camera recording system. The recording system must record in digital format and meet the requirements outlined in this Section. 12. All physical non -cloud based video surveillance records must be stored in a secure area that is only accessible to the management staff of the Licensed Premises. 13. Video surveillance records and all recordings must be made available upon request to the Chief of Police or any other state or local law enforcement agency for a purpose authorized by this chapter or for any other state or local law enforcement purpose. 14. Video surveillance records shall be held in confidence by all employees and representatives of the Chief Executive Officer, except that the Chief of Police or his designee may provide such records and recordings to a state or local law enforcement agency for a purpose authorized by this Chester or for a state or local law enforcement purpose. 15. A sign shall be posted in a conspicuous place near each point of public access that shall be not less than 12 inches wide and 12 inches high composed of letters not less than one inch in height stating "All Activities Monitored by Video Camera" or "These Premises Are Beim Digitally Recorded" or otherwise advising all persons entering the Licensed Premises that a video surveillance and camera recording system is in operation at the Licensed Premises and recording all activity as provided in this Chapter. 16. The Licensed Premises should use video surveillance equipment and a camera system that can be accessed remotely 24 hours a day y the Baldwin Park Police Department and the City; as specified in each development agreement. 17. Video surveillance equipment shall at a minimum consist of digital or video recorders cameras capable of meeting the recording requirements described in this section video monitors digital archiving devices and a color printer capable of delivering still photos. 18. All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the Licensed Permit holder of any prolonged surveillance interruption and/or the complete failure of the surveillances s�1. 19. Licensed Premises are responsible for ensuring that all surveillance equipment is properly f inctioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored areas. 20. All video surveillance equipment shall have sufficient battery backup to support a minimum of 4 hours of recording in the event of a power outage. 21. Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities on the Licensed Premises. 22. All entrances and exits to the facility shall be recorded from both indoor and outdoor vantage points. 23. The system shall be capable of recording all pre -determined surveillance areas in any lighting conditions. If the Licensed Premises has a cannabis cultivation area, a rotating schedule of lighted conditions and zero -illumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes. 23.24. Areas in which cannabis is drown tested cured manufactured or stored shall have camera placement in the room facing the primary entry door at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment. 2.4:25. Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur. 2-5-:26. At least one camera must be dedicated to record the access points to the secured surveillance recording area. 25:27. All outdoor cultivation areas must meet the same video surveillance requirements applicable to airy other indoor Limited -Access Areas. 27,28. Surveillance recording equipment must be housed in a designated locked and secured room or other enclosure with access limited to authorized employees, agents of the Chief Executive Officer, state or local law enforcement agencies for a purpose authorized by this chapter or for any other state or local law enforcement purpose, and service personnel or contractors. 28 29. The Licensee must keep a current list of all authorized employees and service Personnel who have access to the surveillance system and/or room on the Licensed Premises. Licensed Premises must keep a surveillance equipment maintenance activity log oil, 1 the Licensed Premises to record all service activity, with the identity of the individual(s) performing the service, the service date and time, and the reason for service to the surveillance system. 2-9:30. Off-site monitoring and video recording storage of the Licensed Premises or an independent third -party is authorized as long as standards exercised at the remote location meets or exceeds all standards for on-site monitoring. 30:31. Each Licensed Premises located in a shared building must have a separate surveillance room/area that is dedicated to that specific Licensed Premises. All minimum requirements for equipment and security standards as set forth in the section apply to the review station. 31.32. All camera views of all recorded areas must be continuously recorded 24 hours a day. 32, All surveillance recordings must be kept for a minimurn of 90 days and be in a format that can be easily accessed for viewing on premises. Video recordings must be archived in a format that ensures authentication of the recording as legitimately -captured video and guarantees that no alteration of the recorded image has taken place. 33:34. The surveillance system or equipment must have the capabilities to produce a color still photograph from any camera image, live or recorded. 34:35. The date and time must be embedded on all surveillance recordings without significant] obscuring the picture. 33:36. Time is to be measured in Pacific Standard Time in accordance with the U.S. National ,Institute of Standards and Technology. 36-.37. After the 90 -day surveillance video retention schedule has lapsed, surveillance video recordings must be erased or destroyprior to being discarded or disposed of for any other purpose. Surveillance video recordings may not be destroyed if the Permit Holder knows or should have known of a nendins2 criminal. civil_ or administrative investigation or any other proceeding for which the recording may contain relevant information. Section 3. Chapter 153 ("Zoning Code") Table 153.150.040 entitled "Number of Required Parking Spaces" shall be amended to include 1 space/1,000 square feet of building area for Medical and Adult Cannabis Cultivation, Manufacturing and Distribution, and shall read as follows: Artist Studio/Gallery 1 space/450 square feet of gross floor area Automotive and Equipment Sales/Service a. Automotive Sales/Rental/Leasing a. 1 space/2,000 square feet of site area b. Automotive Repair/Installation b. 1 space/250 square feet of building area, plus 3 spaces/service bay c. Automotive Storage C. 1 space/employee d. Heavy Equipment Rental and Sales d. 1 space/400 square feet of building area, plus I space/2,000 square feet of site area e. Large Equipment Repair e. 2 spaces/service bay Banks and Financial Services 1 space/200 square feet of building area Banquet Hall/Lodge/ Meeting Hall 1 space/3 seats or 1 space/35 square feet of assembly area Caretaker Housing 1 space/dwelling unit Day Care Facilities a. Small -Family Day Care Home a. No requirement beyond standard single-family residential dwelling b. Large -Family Day Care Home b. 2 spaces for single-family dwelling, plus 1 space/employee not residing in the home, plus 1 space for drop-off and pick-up c. Day Care Facility C. 1 space/employee plus 1 space/facility vehicle, plus 1 space/8 children (or adult, if adult day care) at facility licensed capacity Church or other Place of Worship l space/3 fixed seats or l space/50 square feet of assembly area, plus spaces required for auxiliary uses Table 153.150.040 Number of Required ParkingSpaces Land Use Minimum Number of Spaces Required Commercial Entertainment a. Motion Picture or Live Theater a. 1 space/3 seats b. Dance Halls b. 1 space/3 seats, plus 1 space/50 square feet of dance floor area c. Sports Arenas C. 1 space/3 seats Commercial Recreation a. Health/Fitness Club a. 1 space/150 square feet of building area b. Billiard/Bowling Alley b. 3 spaces/100 square feet of building area c. Arcade/Internet Cafe C. 1 space/150 square feet of building area Drug Store/Pharmacy 1 space/250 square feet of building area or space within an associated facility Dwelling a. Single-family Detached, Duplex, a. 2 garage spaces/dwelling unit, plus 1 additional garage Condominium and Townhouse or surface space where dwelling unit contains 5 or more bedrooms b. Apartments b. 1 carport space/dwelling unit, plus 1 other space/dwelling unit c. Efficiency Apartments C. 1 space/dwelling unit d. Senior Housing d. 1 space/dwelling unit For all but single-family detached dwellings, Guest Parking shall be provided at 1 space/3 dwelling units Emergency Shelter 1 space/5 beds and 2 additional spaces Equipment Sales and Rental a. Indoor display a. I space/250 square feet of building area b. Outdoor display b. 1 space/1,000 square feet if display area, plus any required for indoor display or related use Food and Beverage Sales: a. Grocery Store, Liquor Store, Specialty a. 1 space/200 square feet of building area Food Shop b. Convenience Store b. 1 space/150 square feet of building area Industrial/Manufacturing/Materials/Goods 1 space/500 square feet of building area Processing Hospital/Medical Service a. General Hospital Service a. 2 spaces/1 bed b. Medical/Dental Office b. 1 space/200 square feet of building area c. Ambulance Service C. 1 space/ambulance, plus 1 space/250 square feet of office space Hotel/Motel 1 space/guest room, plus additional parking as required for any on-site restaurant, conference facility or other auxiliary use Kennel 1 space/250 square feet of site area Laundry I space/750 square feet of building area Table 153.150.040 Number of Required Parking; Spaces Land Use Minimum Number of Spaces Required Medical and Adult Cannabis Cultivation, I space/1,000 square feet of buildinIz area Manufacturing and Distribution Mobile Home Park 2 spaces/mobile home site, plus 1 guest space/5 mobile home sites Office - Business and Professional (other 1 space/250 square feet of building area than medical or dental) Personal Service Business 1 space/200 square feet of building area Restaurant/Bar a. Bar a. I space/150 square feet of building area b. Restaurant b. 1 space/100 square feet of building area c. Night Clubs and Discotheques C. 1 space/ 100 square feet of building area Retail Sales - General 1 space/250 square feet of building area School a. Elementary or Secondary (Private) a. 1 space/employee plus, I space/classroom b. High School (Private) b. 1 space/employee plus, 1 space/ 2 students in 11' and 12"' grade c. Specialized and Vocational C. 1 space/35 square feet devoted to instructional purposes plus, 1 space/classroom Self -storage Facility 4 spaces, plus 2 spaces for management and employees Service Station a. Stand-alone Station a. 2 spaces/service bay b. With Accessory Retail/Convenience b. 5 spaces or first 1,000 square feet, plus 1 space/300 Market square feet thereafter c. With Vehicle Maintenance/Repair C. 2 spaces/service bay Warehousing and Distribution 1 space/1,000 square feet of building area Note: Building area defined as gross usable area SECTION 4. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion or the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. 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 6"' day of November, 2019, and adopted and ordered published at a regular meeting of said Council on the 20"' day of November, 2019. PASSED AND APPROVED ON THE 20" DAY OF NOVEMBER, 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA ; COUNTY OF LOS ANGELES 55: 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 November 6, 2019. Thereafter, said Ordinance No. 1445 was duly approved and adopted at a regular meeting of the City Council on November 20, 2019 by the following vote towit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK ATTACHMENT #3 PLANNING COMMISSION RESOLUTION 19-18 RESOLUTION PC 19-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL AMDEND THE CITY'S MUNICPAL CODE CHAPTER 127 AND CHAPTER 153 TABLE 153.050.020, SECTION 153.120 AND TABLE 153.150.040 RELATING TO COMMERCIAL CANNABIS USE (LOCATION: ALL INDUSTRIAL COMMERCIAL (IC) AND INDUSTRIAL (1) ZONING DESIGNATIONS; APPLICANT: DISTINCT INDULGENCE; CASE NUMBER: AZC 19-01) THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, California Business and Professional Code Section 26054 does not set distance requirements from commercial cannabis licensed premises to residential zones or uses, and WHEREAS, Government Code Section 5022.7 permits the amendment of municipal codes as often as deemed necessary by the legislative body, and WHEREAS, on April 4, 2018, the City Council by Ordinance 1408 adopted Chapter 127 of the City of Baldwin Park Municipal Code, and WHEREAS, An application ("Application") for an amendment to the City of Chapter 127 of the City of Baldwin Park Municipal Code was submitted on behalf of the owners of certain real properties, located at 5018 Lante Street in the City of Baldwin Park, described more particularly in the Application on file with the City Planner, and WHEREAS, The Application was sought to include a 25 foot distance requirement from cannabis manufacturers to residential zones when exclusively manufacturing food or edible cannabis products and no other products and no on- site extraction is occurring, and WHEREAS, The Planning Division sought to incorporate Chapter 127 into Chapter 153 of the City's Municipal Code for clarity and consistency; and WHEREAS, The City determined that the proposed action (the "Project") is exempt from California Environment Quality Act (CEQA), and WHEREAS, State CEQA Guidelines Section 15061 (b)(3), the General Rule that CEQA only applies to projects that may have an affect on the environment. Resolution PC 19-18 October 23, 2019 Paae 2 NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Baldwin Park as follows: SECTION 1. Determine that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15061(b)(3) based upon the following finding: a) The Project is exempt from CEQA as it falls within the General Rule that CEQA only applies to projects that may have an affect on the environment: The Project is a change to various sections of the City's Municipal Code, which is policy oriented. Therefore, it can be seen with certainty that there is no possibility the proposed amendment will have a significant effect on the environment, which deems the Project not subject to CEQA. SECTION 2. Declares as follows: a) The Planning Commission has conducted a duly noticed public hearing on October 23, 2019 on the proposed amendment to the City's Municipal Code, Case No. AZC 19-01 on file with the Planning Division of the City as required by law to consider the information presented by staff, Applicant and public testimony presented in writing and at the meeting, and b) The amendment as proposed is consistent with the goals, policies, and objectives of the General Plan, and c) The amendment as proposed will not adversely affect surrounding properties, and d) The amendment as proposed promotes public health, safety, and general welfare, and e) The amendment as proposed serves the goals and purposes of the Zoning Code. SECTION 3. Recommends that the City Council amend the City's Zoning Code Chapter 153 as identified in the ordinance attached to the Planning Commission staff report (AZC 19-01) dated October 23, 2019 and amend the City's Municipal Code Chapter 127 as identified in the ordinance attached to the Planning Commission staff report (AZC 19-01) dated October 23,2019 subject to the following findings: Resolution PC 19-18 October 23, 2019 Page 3 a) The amendment to the Zoning Code is consistent with the goals, policies and objectives of the General Plan.- The lan: The amendment to the Zoning Code continues to uphold Goal 1.0 of the Land Use Element of the General Plan which seeks to maintain a balanced mix and distribution of land uses throughout Baldwin Park. Specifically, Policy 1.5 encourages the City to improve existing industry and provide for an expanded industrial base by creating new areas for compatible industrial uses through both redevelopment and private enterprise. The amendment to the zoning code will incorporate the development standards for medical and adult use commercial cannabis set in chapter 127 of the municipal code to provide consist information to residents, business owners and other stakeholders and continue to support industry. b) The amendment to the Zoning Code will not adversely affect surrounding properties.- The roperties: The amendment will not affect the zoning or allowed uses within the Industrial and Industrial Commercial zones, but will provided the specific development standards unique to the said land use explicitly in the Zoning Code. While the amendment to the Municipal Code will reduce the distance requirement for the manufacturing of cannabis edible products. These types of food and edible manufactures produce their products by mixing or combining cannabis ingredients that arrive to the site already containing cannabis. Therefore, the operation continue to operate as a commercial bakery. No cannabis odors are emitted such as an extraction based manufacturing site or a cultivation site, although all building and construction requirements will continue to be applicable. c) The amendment to the Zoning Code promotes public health, safety and general welfare: The amendment to the Zoning Code aims at providing clear and consistent information throughout the Municipal Code, ensuring that information is accessible. The safeguards of the safety and security requirements, air quality mitigation measures, neighborhood capability plan, and distance from schools, day care centers or youth centers remain in addition to the required City Council approved Development Agreement specific to a location and license. In addition, the amendment to the municipal code promotes a use that is less intrusive that other uses allowed within the IC (Industrial Commercial) and the I (Industrial) zones. d) The amendment to the Zoning Code serves the goals and purpose of the Zoning Code: Resolution PC 19-18 October 23, 2019 Paqe 4 The amendment to the Zoning Code furthers the City's efforts to provide land use regulations for the residents of the City. The amendment to the Municipal Code continues to further the goals of the zoning code by adding appropriate regulations the use of land relating to Medical and Adult Cannabis Cultivation, Manufacturing and Distribution uses within the City. This in turn, upholds the protection of the public health, safety, comfort, welfare, and general prosperity of the City and its residents. SECTION 3. The Secretary shall certify to the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant. PASSED AND APPROVED this 23rd day of October, 2019. CHRISTOPHER SAENZ, CHAIR PRO -TEM BALDWIN PARK PLANNING COMMISSION UluIf: 3a STATE OF CALIFORNIA COUNTY OF LOS ANGELES' ss. CITY OF BALDWIN PARK I, Ron Garcia, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 19-18 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 23rd day of October, 2019 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Ron Garcia BALDWIN PARK PLANNING COMMISSION ATTACHMENT #4 APPLICATION REQUEST, DATED JULY 18, 2019 F gp,LU WZ� HU OF V HE4� • �� SAL/e �VA E RgrEo rAT43 Zone Change X Code Amendment Development Plan TYPE OF APPLICATION _ General Plan Amendment APPLICATION INFORMATION CITY OF BALDWIN PARK PLANNING DIVISION 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 813-5261 Redevelopment Overlay _Zone Variance Conditional Use Permit Administrative Adjustment _Specific Plan — Other Name of Applicant(s) Dinstinct Indulgence, Inc. Address 5018 Lante St., Baldwin Park, CA 91706 Phone No. 818-546-1700 Capacity Owner; Corporate CEO Owner(s) of Record Raisin Bob, LLC Owner's Address 5018 Lante St., Baldwin Park, CA 91706 PROPERTY INFORMATION Location 5018 Lante St., Baldwin Park, CA 91706 Assessor Parcel Number(s) 8413-004-023 Tract and Lot Number(s) Lot: 23 Existing General Plan Designation Industrial Existing Zoning for each Parcel (1) Industrial Existing Land Use Operating bakery Code Section to be Amended Baldwin Park Municipal Code Section 127.06 Purpose of request To allow for non -extraction manufacuturing of food or edibles that may include mixing and combining The distance of separation for this type of oepration would be reduced to 25 feet. CERTIFICATION STATEMENT: [/we acknowledge the filing of this application and certify that all the above information is true and accurate and that I/we have familiarized myself/ourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record must complete and have notarized the attached Owner's Affi av't a . e legal owner.) RECOMMENDATION Staff recommends that the 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 on June 30, 2018 for Planning Commissioners Christopher Saenz (Office No.3), and Edith Flores (Office No.5). Additional terms have expired on June 30, 2019 for Planning Commissioner Edwin Borques (Office No.1), and Kevin Rooney (Office No.2). The following persons have requested consideration of appointment to the Planning Commission: 4 open seats Office Nos. 1,3, & 5 — Terms to June 30, 2020 Incumbent Commission Applicants New Applicants Christopher Saenz ITEM NO. STAFF REPORT Nancy Lozano LD' TO: Honorable Mayor and Members of the City Council %° Hue 0F,�y,4 � FROM: Lourdes Morales, Chief Deputy City Clerk DATE: SAN GABR1E November 6, 2019 1AY 2,0` < vA�i eY .'�Q";' SUBJECT: Review of Commission Applications and Consideration RgTEpJAN„ 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 that the 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 on June 30, 2018 for Planning Commissioners Christopher Saenz (Office No.3), and Edith Flores (Office No.5). Additional terms have expired on June 30, 2019 for Planning Commissioner Edwin Borques (Office No.1), and Kevin Rooney (Office No.2). The following persons have requested consideration of appointment to the Planning Commission: 4 open seats Office Nos. 1,3, & 5 — Terms to June 30, 2020 Incumbent Commission Applicants New Applicants Christopher Saenz Marlen Garcia Edith Flores Ruiz Nancy Lozano Edwin Borques Mario Marciel Jr. Gustavo Cuadra 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 for Office No.1, 3 and 4 are currently vacant. The additional student vacancies have also not been filled. The following persons have requested consideration of appointment to the Recreation Commission: 5 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 Cecilia Martinez 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 Applications 2. Exhibit "B" — Roster of Commission Members Exhibit "A" Commission Applications RECEIVED PLEASE ATTACH A CITY OF BALDWIN DARK DEC, 19 2010 CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY BILL AND �'(�+OF BALOWIN PARK A COPY OF YOUR And CM cWPKa i)FPAi IMONT PHOTO i0 STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: --► Nousing Commission in o .,rnio sn, 11—frnn ry rarlideAd fnraanh enmmraalnnl PERSONAL INFORMATION: _ Name, Susan Cervantes Residence Address Length of time at this Address: 3 E-mail address; Home Phone No. Cell/Message Phone No, Are you 18 years of age or older? YB3 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 wlthin the City of Baldwin Park? no If yes, name of agency and posltlon: EDUCATION; Circle Highest grade you completed: 1 2 3 A 6 6 7 8 8 10 11 12 High School Graduate?_ Name and Location of College r Universitye o Rio Hondo College Business Administration no Rio Hondo College Business Administration no EMPLOYMENT INFORMATION ! EXPERIENCE; Name and Address or Emoloyerfsl ,_.,__. _ . osltt9Ju1.1%__ Excellence Vision Real Estate Real Estate Consultant Assoc October 2018 to present Excellence Vision Real Estate Real Estate Consultant Associ October 2018 to present REFERENCES; Please provide the names of two (Q) persons, who are not City of Baldwin Park Elected or Appointed officiate and who' can comment on your capabilities and character. Address _ Ph2ne Noy IMPORTANTi Read the following carefully and answer completely. A conviction is not an automatlo 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?no If yes, Please ilst all offenses, date and place of offense(s), and sentence/fine received: ACKNOW LEDGF.M ENTICE RTIF(CAT10N: I understand [hat upon filing, this application becomes a pubtlo record, I certify under penally of paqury undor the laws of the state of California that the foregoing Is true and correct. Date 819n,ature 17b`iVa '.W ij seini�t:tn I � �, �:��Jt � g:;�}fin E� �,,: 7, ��.� , , -;.�-,- Residency verification, i-) Yes n No Dote; Voter Regl9tratian. Verification: 11 Yea O No Rosidency vcriRcallow 11 Ycs ❑ No Date: Appointmont date; Residency verification: l..l Yes 0 No Dqte; Term ox fres: _ Attachment 1 Commission Applications , II I Susan Cervantes Housing Commission Name Commission Requested: Date:. STATEMEM f 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 benefiolal to the Counoll In consideration of your appointment to this oommisslon. 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 docs 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; Tease be advised that you and your gua0f cations 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 ourrent proof of residency at the time of said recruitment, !"allure to provide current proof of residency with each recruitment will Invalidate this application, RECEIVED .PL> .. Pp,- trt _ I ' CITY OF BAL.D1tVIN PARK QQpY Q:F<', JUN X a 2Mq uri�irY !Ll.,_S:: APPLICATION FOR CITY COMMISSION :A.tr.QP'.Y,SJFYOUR-' :., And CSY OF BALDWIN PARK PT.0.1 P _ STATEMENT OF QUALIFICATIONS CITYCLERK8DFPARTMENT APPLICATION IS FOR THE FOLLOWING COMMISSION: � t A) (,� Id ranarato annliratinn ig rAguired for each comm)sslon) PERSONAL FORMATION. Name 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 servo 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: �t- yrs ra ply t� �' �, RA ► &k k.s k c�t� EDUCATtON: �( Circle Highest grade you completed; 1 2 3 4 5 8 7 8 9 10 11 12 High School Graduate? _5 J_ G,E.D,? NaMe and c .. o of College or University Course of Study Degreq EMPLOYMENT INFORMATION/ EXPERIENCE: Dame and ddro of Emplo e D tes, f EMOloyMent REFERENCES, Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appolnted Officials and Who can comment on your capabilities and character, _ Address Phone No. cs 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? N6 If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLED GEMENTICERTIF (CATION: I understand that upon filing, this applloatlon becomes a public record, i certify under penally of_perjury under the laws of the State of California that the foregoing Is true ao nd ec Date Signa ure 'F a'., r�'4 .Vr�'.'':1.4e'; xteiljj;,,r' n �, ` r a • ''a re�7: ,, n y.�..'Y:�,n �.. ,: 5.z�77-�—'';--�Y ,.�.^ a•.'...�-ti.�Ti:c '@, '.1` ��', .� ,. .F :ji','�,+ - �rj �• .a�.i/s`l b�f,s:�'.�+, u'. Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date:_ _ Appointment date: Residencyyorifieation: ❑ Yes 0 No Date: Term cx ues: Nameky--ts m? "e E ter'-- 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, pate: 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 recruitment, 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 91706 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 1, Christopher Saenz l' ECE111ED CITY OF BALDWIN PARK NT 060,y APPLICATION FOR CITY COMMISSION JUN 2x2018 A.'.U.Tii ITY.P,ILL:' ANP And RHQ.T9':l� STATEMENT OF QUALIFICATIONS circ or Qq r)r-P tv PARK APPLICATION IS FOR THE FOLLOWING COMMISSION: --- T Planning Commission IA - r 44 e.*,.rrn��rnn rr eb "irarl fnr aanh rnllfrYllk�It3t11 PERSONAL INFORMATION: Edith Flores Rulz Name Residence Address_ Length of time at this Addrress% 12yrS Email addreas: Cell/Message Phone No,626-340-9508 Home Phone No, IJ/•r` _ Are you 1 a 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 andlor agenoy within the City of Baldwin Park,? No If yes, name of agency and position; City, of RAIdt EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 0 7 6 9 10 11 12 High School Graduate? G.E.D.7 _ Dearee e and Loca on of pollegoor e s•t Course of Study. Cal State University, Los Angeles Civil Engineering No Cal State University, Los Angeles Civil Engineering No EMPLOYMENT INFORMATION l EXPERIENCE: Name of o er Position f( Dates of E 1 CrosbyTave Consultants Project Planner' February 2018 - Present CrosbyTave Consultants Project Planner February 2018 - Present REFERENCES: Please provide the names of two (Q) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character, Address Phone No. Marco A, Ruiz Armenia Aguilar IMPORTANT: Read the following carefully and answer completely. A convlodon Is not an automatic bar to appointment, Each easels considered on Its Individual merits, OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? NO HAVE YOU EVER BEEN CONVICTED OF A FELONY if yes, Please list all offenses, date and place of offense(s), and sentence/fine received: A01KNAW LEDG EMENT/CERTiFICATION: I understand that upon filing, this appiloation becomes a public record, I certify under penalty of perjury under the laws of the Slate of California that ilia foregoing Is true and correct, Datta S9gnature 6J,7 ':i3• • DVi/�'l ' 18.: kl��.r: .n.`r;i;�.:.........:..::•,,r,:r.;: a:::s:,::.. Residoncy verification:'. ❑ Yes 11 No Date: 'VoterRegistkation Verifioadon: ElYes ❑ No I Residency verification: Ci Yo F-1No Date., Appovrhnent date: Residency veriCiuMion: El Yes ElNo Date. Term expires: Name 6''r,> r ri+ IF. 1 - Gommisslon Requested, `�C. � � 'c 1�MtGSS�01� 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, V l �D(A -r-Y OF 6ALD-WIL3 r -r t�-r t c -r b ►� o F Tc4 •e C CTY `rte Date,_.. (o I z 6 116 signature Notice, Please be advised that you and your quallflcatlons maybe discussed by the City Council at an open meeting. 'rhis 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 reorultment• Failure to provide current proof of residency with each recruitment will invalidate this application. PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY BILL AND .JUN 2 8 VIB A COPY OF YOUR And PHOTO ID STATEMENT OF QUALIFICATIONS Qt7Y,Ol=nALDVvrrVPARK —t" � APPLICATION IS FOR THE FOLLOWING COMMISSION: �W 1+46r- _II .. 11 .I_._ ,_ -___.__..._1i,..__�� �...,,..,f....t....! �lH +Y_t7�/Q/GLCF L7 jJr.Jf/11G 11VI/ IN I V4{N11 YM Iv1 PERSONAL INFORMATION: Residence Address - w Length of time at this Address: ` Email address: Home Phone No. Coll/Message Phone No. Are you 18 years of age or older? Cv Are you registered to vote in the City of Baldwln Park? ' an or appointed official for any board anal/or agency within the City of Baldwin Park? Do you currently serve as elected If yes, name of agency and position: EDUCATION. Circle Highest grade you completed: 1 2 a A B B 7 8 8 10 11 <V High School Graduate?VIS ✓ G,E,0.3 Name and Loogtion of C91199@ PEive s Course of Study Degree EMPLOYMENT INFORMATION I EXPERIENCE: i Name dad Address of E o e s Position Title I Dates of Em to men , G-rt� a vy C' t.! 2cwi�- oloq REFERENCES; Please provide the names of two (Q) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character, Address Phone No, t r"t'� IMPORTANT; Dead 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?,lo— If yes, Please list all offenses, date and place of offense(a), and sentence/fl,ne received: r ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this application boeomes a publio record, I certify under penalty of perjury under the taws of the State of California that the foregoing Is true and correct. to 1'2--'l t' Date Signature • •.p,, 11 r if ...nC..,l 1' - - y�:. 7,'L'{ 11 a:.;.L .i., •1°''!?�; :JSr%•. .. �,.• '3, I % .i:' ,: Yti.:;''c'.,i1�aL •.Yra Q{t`I W + •lS. 1,; � i •{,.tt of �.f , n�J jyjr��.: Residency verification;- EJ Yes ❑ No Date: Voter Registration Verification: Q Yes E) No Residency vorifioation: ❑ Yes n No Date: — Appointment date; 'p.owAnev vPr f1,,.A inw n Ven ❑ No Date: Term expires: _ _ i Name. � l��L-fes �-\�.-C_„ C Cz.� Commission Roquesfad;_ G� 04A I k 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, 1 W UVyl' I. I kms- :T ,- 4'I> e, 7�•.i'T"'t t• Iuk Q a te: Z:�'7 /\ 'i?> — s 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 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 dme of said recruitment, Failure to provide current proof of residency, with each recruitment will Invalidate (his appfloption. �1 17i yc? C..:il.+' t�,.1 V� r.��.-as+ lv' S/iG.�' "4 �LL{'� .IP'�►� Q a te: Z:�'7 /\ 'i?> — s 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 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 dme of said recruitment, Failure to provide current proof of residency, with each recruitment will Invalidate (his appfloption. RECEIVED PI*As.zT,:..t�;4'.;; CITY OF BALDWIN PARK IAN APPLICATION FOR CITY COMMISSION UT.it>TY1.31tr And C31Y4Ff3AtpWTNAIiSZK C11YCLERKSOEPAM"t STATEMENT OF QUALIFICATIONS APPLICATION 18 FOR THE FOLLOWING COMMISSION: = [Planning 1A , --j- —ri—#;An ;& ewfyaenrl Me on eh nnmmfssinnl PERSONAL INFORMATION: Name Marisa Garcia Residence Address Length of time at this Address: 20 yrs E -mall address; Home Phone Ni.,,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 and/or agency within the City of Baldwin Park? NO If yes, name of agency and positlow EDUCATION: Circle Highest grade you completed; 1 2 3 h 5 0 7 8 9 10 11 Q,2 High School Graduate? G.E.D.? e L o o College or University Course of r Oafle 6 Business Administration No jek5'7-MdeJe-chn4te aMpIlUV)OLAEb Business Administration No EMPLOYMENT INFORMATION 1 EXPERII;NCEt me ss of Em to r s Position Title I D t , P, > CIS l V0 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. Address phone No. , t4mm/ ....r. � p� -las Mora 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. OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? HAVE YOU EVER BEEN CONVICTED OF A FELONY If yes, Please flat all offenses, dale and place of offense(s), and sentence/fine received: N��1 • AG KNOWLEI)GEMENTIGERTi FI CATION: I understand that upon filing, this application becomes a public record. I certify under penalty of pedury under the laws of the State of California that the foregoing Is tr d correct. p e Signature •this, a:"��, �'. DptJotlNttte'Below; }Llrs° 'Fo'f•:Oit":'U`e'.Onl ;:' Residency'voNfication: El Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Datc:J Appointment date: t?—Irlannv vnAfinnfinn, r_i Vn8 0 No Date: germ oXplros: Name (Marlen Garcia Commission Requested: Planning STATEN! ENT OF. QUALIFICATIONS: Use this space to fist 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 experience in land use criteria and policy, conditional use permits, the City of Baldwin Park General Flan 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. Date: wm fid. �L�.... 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 ofresldency at the time of sold recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application, _ RECEIVED PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION JUi„ I1 9(119 A UTILITY BILL AND A COPY OF YOUR And CITI'OF04DWINPARK PHOTO ID STATEMENT OF QUALIFICATIONS C fYCLE:RKS )F-PARTMFNT APPLICATION IS FOR THE FOLLOWING COMMISSION: A rate a licatlon is re uired for each commission QEe" PERSONAL INFORMATION: Name LA Residence Address — Length of time at this Address E-mail address: Home Phone No, nL Cell/Message Phone No Are you 18 years of age or older? V P_.5 Are you registered to vote In the City of Baldwin Park? J Do you currently serve as an elected or appointed offilal for any board and/or agency within the City of Baldwin Park? U .,5 _ If yes, name of agency and position; EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 High School Graduate?. G•E.D.?`� _ Name and Location of College or University Course of S udy Deciree USG aA EMPLOYMENT INFORMATION / EXPERIENCE: a and Addre, s c s Em to er uo � a / Position,Title COMMewrlaI a Dates of Employment ILP P6e--';f22t .. 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 Phone No. vliema— 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: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon fill , this application becomes a public record, I certify under penalty of pedu nder th law the St e t Cal mla that the foregoing is true and correct. -7 30 Date Signature Do Not Write Below this Line - For City Use Only Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Terin expires: l- Name�� )�� �O Commission Requested: b1 G71'1%�f%ICf _ 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, 1)62 irl >�� nr1r ~ftt C, Date: ` — 3u / ` 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 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. PLEASE ATTACH A CITY OF BALDWIN PARK ',P.11. 3 11019 CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY BILL ANNAD oak"( A COPY OF YOUR And tiOCURIKSOEPAMEW PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: (Aseparate appllcatlon Is required for each comrnlsslon) PERSONAL INFORMATION: Name au� b (U�� Residence Addres 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? �U0_ If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 13 9 10 11 High School Graduate? G.E.D.? Name and Location of Collear University Course of Study Dea e CK 5 mU. rnU `bpi CK WG-, U>LtNN0'007-w',(� ' Ubbp-' EMPLOYMENT INFORMATION I EXPERIENCE; Name and Address of Em o er Position Title to e Dates Employment ^^j. 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 No. IMPORTANT: Read the following carefully and answer completely. A conviction is nota 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 Dlaoe of offenses and senten elm received: ACKNOWLEDGEM ERTIFICATION: I understand that u cling, this applicaliyq"ecolnes a public record, i certify under penalty of ury under the !7"f the State of California that the foregoing Is true and co I. / V Date afgiire /` Not Write Below this Line - For City Use Only _ _Do 'Residency verification: ❑ Yes ] No Bate: Voter' Registration Verification: O Yes ❑ No Residency verification: Yes l-1 No Date: Appointment date: TResldency verification: C7 Yes No Dale: Term expires: Name_ (`///, y t�i 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. Z/z Date, Snatt�re 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 We 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, As a lifelong resident of the City of Baldwin Park, I have seen this city evolve into the diverse, vibrant community it is today. Having moved through the BPUSD school system, frequenting local retailers, and attending community events, my Baldwin Park roots run deep, With all that this city has given to me through the years, I feel now is my time to give back, It is my hope that an appointment to the Planning Commission will afford me the opportunity to be intimately involved in the collective decision-making which directly affects the business owners and residents of our city. This work cannot be understated. The people of our city deserve a fair and transparent commission which has their best interests in mind. My goal will be to come into this position with an open mind, a penchant to learn, an inquisitive nature, and an ability to speak truth to power. These public commissions carry with it a level of public trust which must be. preserved and even elevated. Each commission's ultimate responsibility is to serve the public with the public's best interest in mind. Having been a career civil servant with the City of Los Angeles, I have first-hand experience in serving the public's interest. My assignments include LAPD Internal Affairs, Office of the Chief of Police, LAPD Media Relations, Department of Water & Power, Personnel Department and the Office of the City Administrative Officer, 1 have also covered or presented at Board of Police Commissioners meetings and the Los Angeles City Council. I have a working knowledge of the laws which govern public meetings and have worked for some of the highest ranking executives in Los Angeles City government. In addition, I hold a Bachelor's degree in Communications and a Master's degree in Public Administration. 1 appreciate the opportunity to apply for the Planning Commission and thank you in advance for your consideration. , f PLEASE ATTACH A CITY OF BALDWIN PARK UTILITY FOR Y COMMISSION TY BILL AND NT COPY OF A APPLICATION R CITM A UTILI,UN 2 7 20V A COPY OF YOUR And PHOTO ID STATEMENT OF QUALIFICATIONS - i APPLICATION IS FOR THE FOLLOWING COMMISSION: [21�'�Itfil-1112l (A separate ann ication is reauired for each commission) PERSONAL INFORMATION: Name/ir.7 r iJJ , L/ Residence Address Length of time at this Address: '� � � s 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 position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? z G.E.D.? Name and Location of College or University Course of Study Degree z"w/I./, '�' f;..L'`�i�Cl�//c ✓ �3i�Gfft��t� EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of Employer(s) Position Title Dates of Employment ? REFERENCES: Please provide the names of two (@j persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone No. 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: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under enalty of perjury under the laws of the State of California that the foregoing ist! ue anire t•. i,//J—� Date Signatur Do Not Write Below; this Line - For Cit'; Uso Onl' Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: 0 Yes ❑ No Date: Term expires: - I /IIf Al) Name �l ' �- v `') Z " �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. G Date: ��' � % Sig Notice. Please be advised that you and your qualifications meeting, 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. i f,- Alk"1�11 "-, (/Q>,, Date: ��' � % Sig Notice. Please be advised that you and your qualifications meeting, 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. PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION 5 2G19 A UTILITY BILL AND A COPY OF YOUR And Ci'I'Y0FDAtI"t"MIC PHOTO ID STATEMENT OF QUALIFICATIONS Cfi't ;kt sbePAkrr ERT APPLICATION IS FOR THE FOLLOWING COMMISSION: ------: HI I- .l e...J t... „h .. w.io n1 PERSONAL INFORMATION: Name Cec,'J�6\ Residence Address Length of time at this Address; 1 5 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 Park7(11i 16� ,,5`` Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? Jot) 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? G.E.D.?�� Name and Location f College or University Course of Study De/ree �JGc1c��C-nt EMPLOYMENT INFORMATION ! EXPERIENCE: Name end Address of Em to er s Position Title Dates of Employment �\ny )eo, 1Ae,Mn ESIUCCAiV- 4� _ S'43'?) LG\VC_ (AV(,' . A, 1 d1 ke--v7 G'l 0110D� N m-c'\n -2oNG w CUY y --'e'."+ 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 No. y UABe Ave. 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. L, 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: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public record, I certify under penalty of perjury under the ws of the State f California that the foregoing Is true and correct. Date Signature bo Not Write Below #his Line -For Cif" Use OhIV Residency verification: ❑ Yes ❑ No Date: Vater Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date:--- Appointment date: Residency verification: 11 Yes 0 No Date: Term expires: Gl DVy�WIU`nr�1 Name t&\ t 1 A M4�Y'�1V1 � 2 Commission Requested; � J C _ L Nam 1 ,.. 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 commisslon. A a 13�Ic�w\Yl �c1YtL VlCAI' V2, Yoke AAA e, c''t \� lone r�O��� AMe lack aF e avi kuk ho►S C)Yc�i�ct�o� vgytiZ a� aG tv �-t M ti OiOa1 'N C, kv C 5 , �s klne COOV-\G1k v �-�qG" as Ya u t N-ov k A i ed iNVOWy "A as M\3C) as CC>vviv\nO v'±LA Date; -I 1 l '5� I , 0� -4L 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 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. RECEIVED ! ` e"f';69' CITY C)F BAL.DWIN PARK ; , :I xrt� : APPLICATION POR CITY COMMISSION JUN] 6 2010 ` And STATEMENT OF QUAL.IPICATIONS CITY OFBALDWIN PAR NT yyL1./�ry, APPLICATION IS FOR THE FOLLOWING COMMISSION: --� -�► '� (A -a araia apnllcaflon Is ronuirad for each commission) PERSONAL INFORMATION: _ Name o44-14- i7ylResidence , ResidenceAddress �_ Length of time at this Addres"sz-J � E -mall address:_ Homo Phone No, Call/Message Phone No. Aro you I$ years of ape or older? _ Are you registered to vola in the City of Baldwin Park? Do you currently serve as an elected or appointee official fora y bo rd nd/or aganoy within the Iry of aldwin Park.? If yes, name of agency and posillon D�a/f��y}��i� EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 8 7 8 9 10 11 High School Graduate?,-- G,E,D.? U atlon of Colleg or University Study .z. EMPLOYMENT INFORMATION / EXPERIENCE: N me and Address of E a oa' ton Title ales of M12 gymoll fize REFERENCES, Please provide the names of two (®) persons, who are not Oily of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. NerneAddress AP _Phone No. , a Vl- IMPORTAN Read the following carefully and answer completely, ccoorwllWon Is not an automatic bar to appointment. Each case is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR M16DEMIEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?` If yes, Planes list all offenses, date and place of offense(s), and sentence/One received: ACKNOWLEDGEMENTICERTIFICA71ON: I understand that upon filing, this application becomes a publlo record, I certify under penalty of penury undet1he laws of the Stale of California that the foregoing Q� le true and correct, Ua to r• «;, {;:.,.,: ;.; „ ;,• yy rp YY ; "'' :! r,,y., �;, ;t e wr. - ,s.,,v t,) i ti ,; �::. .;F 1�. ,. .:�i cl';.�. �tii�{:'.�'li!^�i.•. .Q:�Vt4W lI�.QQI '� . �Lltie. �1. l'1, ..�.aA'' ° ,:. I. hw�''i.,lY.. Y4P �1 {n.6 NSt.A!?{��u. • 5'x '„l:x�l�a...1 '�lnl. .�'Y'!}.:i'F f Rosidency verification: rl 'Yes ❑ No Date: VoterRegislsWon Vorifiosdon: ❑ Yoe ❑ No Residoaoy varifionliou: ❑ Yes ❑ No Dutu: Appointment date; Residency vorifioaliou: ❑ Ycs 0 No Date: Tw Tom Mires:— :&eName Commission Requested; $TAJgM6NTQrQUALIFICATItL: Use this spare to list your goals and objective$ and why you teat you slioUld be app Inted to the commission for which you are applying. please include any additional information you feel will bra beneflolai to tho Gounoll In consideration of your appointment to this commission, 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 sewed 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. I 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 pest, 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 A.A. 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 severiing the cit z. T...._..,.. pate; ., Signa Notice: Please be advised that you and your quallflcations may be discussed by the city Council at an open meeting. This Appllcatinn and Statement of Qualitloallon will be kept on Ple for two (2) years. During this Hme, should a vacancy occurin the commisslon for which you have requested consideration ofappointmOnt, yourapplicatlon MY be Included In the pool of appilcants provided, however, that you submit current proof ofresidency at the time of sold recruitment. !`allure to, provide current proof of residency with each recruitment will invalidatd this application. p;I Asl 'AT�Acii A'';. CITY OF BALDWIN PARK JUL 02 2018 AuRRITY.' LLYAN + .; APPLICATION FOR CITY COMMISSION ;A UTILITY '. And,Ct7'Y 4I= aAi.DWIN PARK A'CQPY OF,YO�1R �CITYCl.Btt OMPARTMENT ',PHOTO STATEMENT STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWiNG COMMISSION: •----s Recreation/Community S( ! Ce /a .nnti—ftnn le ramilenri fnr nar.,h rnmmL43IAn) PERSONAL INFORMATION: - Jesus Emanuel Rodriguez Name Residence Address r ,- - Length of time at this Address: 4Yeal S E-mail address:., Home Phone No. Coll/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? �e__ If yes, name of agency and position: Recreation and fpr unlf l PorktjCasl�rdfnCFIaSSIOn EDUCATION; Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 10 11 12 High School Graduate?_ Q.E.p•?_ j§jg,•gW _ Course of Study Degree California Department of Insurance Resident Personal Lines Braker-Agen California Department of Insurance Resident Personal Lines Braker-Ager EMPLOYMENT INFORMATION l EXPERIENCE; ame and Address of a Poaltlon Title Dates of Emplovinot- Auto International Insurance Insurance Agent 09/20/2017 - Present Auto International Insurance Insurance Agent 09/20/2017 - Present REFERENCES: Plenao provide the names of two (Gm) persons, who are not City of Baldwin Park Elected or Appoln led Officials and who can comment on your capabilities and character. Name A,d dress Phone No Margarita Ort on Marko Wsium - r • sv , 1 fig- � 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. OF A FELONY OR MISDEM,EANOR OTHER THAN A MINOR TRAFFIC VIOLATION? HAVE YOU EVER BEEN CONVICTED If yes, Please list all offenses, date and place of ofrense(s), and sentence/fine received: ACKNOWLEDGEMENT/CrzRTIFIGATiON: I understand th pon filln , this licallon becomes a public record, I cortify under penally porlu n Or t Inws'of the state of California that the foregoing Is true and Oct, r• � bate��� St tur O504 :, r N � ` u . ' i I �' i Residency verification: U 'Yes Q No Dale: Voter RegisirationVerification: LI Yes El iso Residency verifieatiou: n Yes 0 No Date; Appolattnont date: Residency verification: 0 Yes 0 No Date: Term expires: Name Jesus Emanuel Rodriguez CommIsslon Requested: Recreation/Cornmunity Sere 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 feet will be beneficlai 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 eagerness 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 particir 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: 1 �( Sig re /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 No 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 sold recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application, PLEASE ATTAet- A CITY OF BALDWIN PARK c'u''RE��T:�:a'pY °� APPLICATION FOR CITY COMMISSION A:UT-1t, Yt il;L AiVp And A -Cb'.,' OF"�. !OR PHOTO 10 . STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION, . PERSONAL 111FORMATION;_ O) JAN 0 A' 2419 LoWiN PARK Residence Address Length of time at this Address,,_LP� _ E-mail address;_ Home Phone No, Cell/Message Phone No,_- Are you 18 years of age or older? -`f +' _ 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; EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 e s 10 11 12 High School Graduate? EMPLOYMENT INFORMATION / EXPERIENCE', REFERI~NCi=S, Pleaae 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 Addrem P eiV teis C t b c"' 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? �u If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: AC KNOWLEDOEMENTlCERTIF)CATiONr I understand that upon Illing, this appiloatlon becomes a public record. i certify under penalty of perjury under the (Taws of the State of California that the foregoing iruo and correct. 0 q.,Ltaxk Q_ _ pate Signature .h" c?, ..:�c;:E(u a' qt + {�� I, .i. ..�, { ,, ,,,r:j:ear^j;#.'��,,,,,?„i,j•r�:;;fd�il�;rnn�'�fif4`lee�f�e',::';� {Si;til`i{,:I'��T�:vi�Pkp7r.:��{'1,t. IV ,�I�•i,'i fat: ti.�.,�, ir.,. '.,.�.t l`.A:f lit. .J.'.YY+1:_.:., !•�`�'�.'i:k �•r:�4'+� :1`h; n...i!.,t:l,'r Residency verification: O Yes ❑ No Date; • Voter Registration Verification: ❑ Yes ❑ No Residency verification; ❑ Yes ❑ No Ditto:� _ Rosidoncy verification; ❑ Yes 0 No Appointment date, 'Perm expires_ __ _ O(i, i Name Commission Requested:& no k— , c omrKUP O- S i STATEMENT OF QUALIFICATIONS: �efUi Use this space to list your goals and objectives and why you feel you should be appointed to the commisslon 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. 1n -= cc �(�tg-✓ - cal�P,•.,� eve, � t � `�Ue� C � �-'U� �� `� �� t�t.�Uv� I; . j inn er SAO Dkv (,\ fv-V—Ln 4-�c a :4 eA '�)CXJN\ , CM � C1, e.w Ci �y b aV, a_wv -�ne-se. w '; V" Cs�� 4"e' M*- Date: 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 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 app/ication will be included In the pool of applicants provided however, that you submit current proof of residency at the time of sold recruitment, Failure to provide current proof of residency with each recrulfinent will invalidate this application. RECEIVED ATTACH. A CITY OF BALI7WIN PARK Cyj NT.,COpY S?FAPPLICATION FOR CITY COMMISSION JAN04��19 A t!'1'It.I.TY.!HAnd A., GOpY OF YOUR : 01VOFBALDWINPARK PHOTO 10 STATEMENT OF QUALIFICATIONS C. K5 ..PAItTMFNT APPLICATION IS FOR THE FOLLOWING COMMISSION: ----: Rq -t r� f/�f? � h?li?trylr+-�% A separate applicadon is required for each CnmmtssI( PERSONAL INFORMATION: Residence Address , �1 Length of time at this Address: J 105' E•mall address:— Home Phone NoL , „ . 'Gell/Message Phone 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: _- EDUCATION: Circle Highest grade you completed: 1 2 3 A 6 6 7 8 9 10 11 12 High, Schaal Graduate? e Lacat o o Cal e o or a sli ear ee T,° c� ,tsar �,�c�r �`�ew�1 u �'fll ms's l� T P� UO C 1W15 1a S L endi� willo r?011 e a� a EMPLOYMENT INFORMATION ! EXPERIENCE: r Title b a of E Na e das f Elm IpI'd oma t� 44;f �Jwr If a t AA r16�bi epif �l�r),L�v � 12 �EFER31 E• o�i'>�) ,A' j ,q,9aCs'y es (�) t City of Baldwin Park Elected or Appointed Officials and who P -NOES: Please provide the namof two persons, who are no can comment on your capabilities and character, dame Adgress r IMPORTANT: Read the following carefully and answer completely. A conviction Is riot an automatic bar to appointment, Each case Is considered on its individual merits, OTHER THAN A MiNOR TRAFFIC VIOLATION? MOL HAVE YOU EVi?R gEE.N CONVICTED OF A FELONY OR MISDEMRA14OR If yes, please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLSDGFMH NTIGERTIFIC ATION: I understand that upon filing, this application becomes a public record, I certify under penalty of perjury under the laws of the State of California that the foregoing q nn 1 C� Is true and correct. 'Date SI nature . '^'+c " �,- •',1': i'., �.{,�: .:{iii>k •I tiJ., 7 ,4 ! „�•,X..rl^.tj?r ;..aY.•fnl ,. ri,.n,W„1..I..I. .! i =jn�:�irbr:.C(t';:U.'ss.�:Otil .,�::.,:...-.h,�,,�5;. Residency verification: n Yes fl No Date: Voter Rogistration Verification; Cl Yea ❑ No Residenoy verification: 0 Yes ❑ No Date; Appointment date: Residency verification; 'Li 'Yes 0 No bate; _ Term expires: RECEIVED : ,PLjEA$g ATTACH A ' CITY OF BALDWIN PARD cuRR5NT,G ?Yo>=.` APPLICATION FOR CITY COMMISSION 1AN.09 2019 A UTILITY BILL AND And A COPY OF YOUR CnyOFSALOW NPARK PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION I5 FOR THE FOLLOWING COMMISSION, --uY A separate application /s required for each comrnWicl � PERSONAL. INFORMATION: d -�j Name_ _ w1a�rLOt UC a L) Address Residence Length of time at this Address:24" E -mall address:—' Home Phone No, Cell/Message Phone No, Are you 18 years of age or older?t/e $ Are you registered to vote in the City of Baldwin Park?, ��GcS 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. EQUCATION; Circle Highest grade you completed; 1 2 3 A 6 3 7 8 9 10 11 12 High School Graduate? Name and Loggiflgri of Cole o se of as rl G b11 Y0 0 � I 2 — ar, �- �f 1 / .L�'.r 4 I �i ir�„T"N,, EMPLOYMENT INFORMATION 1 EXPERIENCE: . a Name and Address ofto r s P t I6KNq ParanWonb Gy} (,A // �S 1 t J t7 ` 1 0 s`:. o10 � 710 0 Q 9J' - � 0 ! �0.YtvN0 u +� i7 `?00 ur Cov(nn YG��t 1mn �K weaA-Govm" I Kwr (ro�tk Jct t�ece J �i� off- a4It -ice 'Presatil 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, Address PhoneQ y 1 G IMPORTANT: Read the following carefully and answer completely. A convicflon Is not an automatic bar to appointment. Each Casa Is considered on Its Individual merits. YOU EVER BEEN CONVICTED OF A FELONY OR MISQt MEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?— N! - HAVE. if yes, Please list all offenses, date and place of offense(s), and sentence/fine received: AC KN QW I. ED G SME NTICERTI P ICATI AN: I understand that upon filing, this application becomes a public record. I oertlfy under ponatly of perjury under the laws of the Stale of California that the foregoing Is true and correct, ol Lq e) A - pate Signature ,: r { •_.cvu- ;ny..i '.11 ; °fur` �y• ,. ih,+int!... rlil \'t�,��V;:l i,, 7 r5, ".,. ••�: •;:--a, ;;-,r., °:r;rr=,; , • :.; l rfe,., •o�C3i ; sex0.hl.:3.�.M,..; :f,s;;,>.3`rt�. ��,af:;:�^ MJ, „i�.,�:.�,;.,,;:-,•,a„:.,,,.tr,,,,;,,..,,�ti,,,a;:,,,:;;:.�:.` „-.ts�,..:rda �.t4.'i','.�t•<.',��ite, elov-pit: �, I -how ,� ..._- - Residency verification; 0 Yes El No Date:_— Voter Registration Verification: Q Yes Cl No Residoney Yerltication: ❑ 'Yes ❑ No Date!• _ Appointment date: Residency verification: Cl Yes 0 No taste: Term expires, CITY OF BALDWIN •PA13K ��"'��� �' ' • ,APPLICATION FOR CiTY COMMISSION s i �•' q,S'��. And NOV G 9 Zola STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: (A separate application is raguired fpr each commisston PEIiSONALIII�N.yFORMATIONt Nam©� Restdenee Address u — Length of time at this Address:. F -mall address' •.......... ,— ti _..._.. Home Phone No, Call/Message Phone Na,_, Are you registered to vote in the City of Baldwin Park? Are you 18 years 7ofage or older? 1 �� Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? Q If yea, name of agency and position: -- - EDUCATION, Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 dD High School Graduate? �5 G,E D.?= efiree ac to Coe _ Uni gX,�1lV Course of Stpdy D l0 rl a lit Q �Olaol kiw mot, EMPLOYMENT INFORMATION / EXPERIENCE: E e o Title Dates of e t l v �0 luer�— �,r t'Pif anDtP UWeAk10o LeAdef IY �q �.o19 - 05 Vou1410 (�( -�ctMh4l� �rtum 'hfpc kiffe�lhQn teak 7� Ovj2 00�� OTI mo, 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 J _..• Address r _ Phone No IMPORTANT: Read the following carefully and answer completely, A conviction is not an automatic bar to appointment. Each case I8 considered an its Individual mertts, HAVE YOU EVER SEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A•MINOR TRAFFIC VIOLATION? a if yes, Please list all offenses, dato and piece of offense(s), and sentence/fine received: ACKNOWI.EDQM E ENT/RERTIFIGATION: 1 understand that upon filling, this application becomes a public record. I certify under penally of perjury under the laws of the State of Culifontla that the foregoing Is true and correc1 VV JQ14 t, 1 Date Signature .L 'C{ h ��r.',+! �:) { 'Y 'tt �,, r 1 ' •�F• i� '}v.^�� zf:, .yet r S " f>'/,'. .,' .;.i';'• .Wr;;JiAi i i " 1' �I �.� 1;1.'. `JF.:t ,E7r+� �• .ir�r" :!^ ,. 3: df., i�,f�i,`i,'':� �`4�'�s'.;�C�;,.:':,t.;�!(�Ji�i�•���'.T=''in,::+avrC'd^�.i.'<�3l Ohl ..O.t�...:r�.l�f4�� n .rur...� Residency verification,. El 'Yes 1-1NoDate: Voter ReffiatTatton Verification: El Yes G1 No Residency verification: ❑ Yes n No Date:__- Appointment date: LFVVPFH vlav� �w.�rv..r.�r.• .—. �.. ..•.. ..- .�..... well[-� t.'��s'Q"�cv....-..-.-._. Name_—��Iy(�•� -., _ Commission Requested: qm m k Vv�i i�i�1� wvi L6 OMTA��5iM. STAT6M�NT QF QUAl.IFt ATION9: 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 Peel will be beneficial to the Council in consideration of your appointment to this commission. P�Pds� Ste a)iA(jV1,ed /A�eM W� - -Ng � yO)A - - god z� C)at©: M - Signature Notice, Please be advised that you and your qualifications maybe discussed by the City Council at an open meeting. This A&llcatlon and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occurin the commission for which you have requested consideration of appointment, your applloatlon will be included In the pool of applicants provided however, that you submit current proof of residency at the time of sold recruitment, Failure to provide current proof of residency with each recruitment will Invalidate this application. Name. Ralph Galvan. Commission Requested. Recreation & Community Services Statement of Qualifications 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 S years. Working for the City of El 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. I, enjoy traveling and attending Community Events & Special `_vents, 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 you rtime and consideration of my application, Respectfully yours, Ralph Galvan RECEIVED cH:' CITY OF BALpV1(IN PARK SAN' euRN,T`'Gsv'o,; ' A U fItplyl: APPLICATION FOR CITY COMMISSION CmroFaAwwtwaARK ry . q:afaA.Y A]; YOUR; i 8 ,;7, a io:. And Ci!'`r'Cf, I(SDPP�t'kJErirt• STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION:. -^-► Recreation & Cmnty, SVCS. If yes, name of agency and position: EDUCATION; 1 2 S 4 6 6 7 8 9 10 11 0 High school Graduate?,F-71- O.E. D.7 Circle Highest grade you completed: Nome and Lggallp of (Inlipm nr U Ive s' -rad9 �"�j*lm� ppu��vr�!ig, ,,,- GNVfI�MJ,f �.., ---- fr{separareaan,A, PERSONAL INFORMATION - Nam Marlen Garcia Residence Address Length of time at this Address, 20 yrs E-mail address: — Home Phone No, NIA Call/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? NO If yes, name of agency and position: EDUCATION; 1 2 S 4 6 6 7 8 9 10 11 0 High school Graduate?,F-71- O.E. D.7 Circle Highest grade you completed: Nome and Lggallp of (Inlipm nr U Ive s' -rad9 �"�j*lm� Fourse of S Business Administration No Business Administration No __---V EMPLOYMENT INFORMATION ( EXPERIENCE: Namean ass of o e s a.el'lv(cl. 16111 Win* Position Title V Qqjgs.of E mDlovment #q ,( CSI q17 �-- 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, s ho o are _ IMPORTANT; Read the following carefully and answer completely, A odnActlon ie not an automatic bar to appointment, Each case Is considered on Its individual merlts. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATIC NO If yes, Please IIsi all offenses, date and place of offense(s), and sentencelfine received: NIA —�—, N/A ACKNOWLE0011MENTIC ERTIF ICATI ON: I understand that upon filing, this appllcalion becamos a public record. !certify under penally of perjury under the laws of the Wallfornla that the foregoing Is it nd correct. 1 a Signature 17at `, `,'• ,, . po Nat Write 8elovv.thls Ling � l~or'Git• +Use':Qnl �� Residency vorifiontion: n Yea D No nate; _ _ Voter Registration Verification; 0 Yes ONO Residency verification: © Yes i] No Date; _ Appointment date; Residency vcrificallon; C -J Yes D No Date: Term expires: Name Marlen Garcia Commission Requested: Recreation & Cmnty. Svcs. STATEMENT OF QUALIF:iCATIONs; 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 Counoll 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, 1 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 city. CZ - Date; -- Signature Notlow Please be advised that you and yourquallflcatlons may be discussed by the City Counoll 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 application. ovrrTWED CITY OF BALDWIN PARK APPLICATION FOR CITY COMMISSION foie .�j 8 , A.U.711 I.TYli��- I<1ND , And Q„CgPY' . F.. . ,... ,... STATEMENT OF QUALIFICATIONS Cqy or BAtDWIN PARK ttRij5 9012A=40”" APPLICATION IS FOR THE FOLLOWING COMMISSION:—=------1►[R:eo:rea:tIo�n&�communtys A separate application is re ulred for each oommissian PERSONAL INFORMATION: Stephany NaJarro Name Residence Address -.;- Length of time at this Address: 20 Yrs E-mail address: Horne Phone No, NIA Cell/Message Phone No, Are you 18 years of age or older? Yes _ _ Are you registered to vote In the City of BalOwln 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 posltion: EDUCATION:G,E,D, 6 7 8 9 10 11 12 High School Graduate? Circle Highest grade you completed: 1 2 $ 4 5 _ Nanie and c aticA of C0119fle o v rsll C of Stud e' California State university, Dominguez Hills (081.113H) SA, Human Services Baldwin Park Hlgh School High School Diploma EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address to er s PosItIon 71tle Dat En7ployment— "MI. San Antonio Collage/1100 N, Grand Ave Administrative Speciallat 03/2018 -Present CSUDFt/1000 E. Vlctorta St, Catson CA 90747 Student Assistant III 09/2018-08/2017 .REFERENCES: Please provide the names of lwo persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. e 0 & NaW0 Cruz Baca Joe Jennum — -� IMPORTANT: Read the following carefully and answor-completely, A conviction is not an automatic bar to appointment, Each case Is considered on its Individual merits, BEEN CONVICTED OF A FELONY 0.F.J,,MI,,apEMCANOR OTHER THAN A MINOR TRAFFIC VIOLATION? No HAVE YOU'EVER If yes, Blease list all offenses, date and place of offense(s), and sentence/flne received: _. ACKNOWLEDGEMENTXIERTWMATIONI I understand that upon filing, 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. 12/1311 t3 e Date Signatu111 ggli; 11 InliP171715 Residency verification: ❑ ^Yes E]No Date:,_„__._ ._ 'Voter Registration Verification, ❑ Yes ❑ No Residency verification: ❑ Yes 1:1 No Date: Appointtnent date: n V,,., M ,a„ n.fi,• Terns expires: _ Name Stepha y Najarro Commission Requested: Recreation & Community SoMoss 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 trafflo 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 activliies 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 went within my community, Since high school I have been Involved with my community and It has been an rewardin ex erience volunteering for Foster Elementary School and the Baldwin Park Library,' Despite my pian 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 learn 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,./ worked for Baldwin Park Unified District as a Substitute Clark-- `'" .' In where I worked in the attendance office. In March, It will be a year working for Mt, San Antonio College. ...... I am grateful for all the opportunities the city -of Baldwin Park has given me. I hope you consider this request., , Thank you very much. pate; - 12113/1 8— 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 Quallficatlon 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 application, CITY OF BALDWIN PARK RECREATION / COMMUNITY SERVICES STUDENT COMMISSION INFORMATION FORM Name of High School PLEASE PKIN I PERSONAL INFORMATION, ITo be completed by Student) Name Residence Address Age; Date of Birth: 03! 09 00 � -Social Security # r Nome Phone No. N !� Message Phone No.' E-mail address: ` Grade; 11 Graduation Year: ''4b -� y R,EWIV EIS JAW V5 20 +om opvwWIN PAR: Cit'PY CLVRKG Q ?(h0." `f -V 4 Name ofParent(s)orGuardlan(s) �4( Student lives With: �Ooth Parents I l Mother [ ] Father I) Guardian Person to call In case of emergency: Afir- I q cd o� Phone Dake Appointment Date: Re -Appointment Date: ­ Comments: �—�- cc; [ ] .Personnel Deparftneat [ I Recreation Director [ ] recreation Secreta2)y t_1;TTrzR OF RECOMMPNDAT.ION. Student's Name Htfoga) C6fj � Name of Sohool 8418win pAjr�, ��9k `5K h�1� ` Graduating Class of Home Addie Homo Phone Note to Principal; Please provide a written fetter of recommendation for the above named student, V. xao ('' t �C�=�.i1t'�cs? ` �f1'�✓�'1 5S' ItK� \�._ 'T �-t� C t i=-t�U_1 t��'�t'1(.�tin 1'C.'i 1— � PlY1'�Li.Ct `'i) , ``'' � � � �;�, .� "�`1.,� C�.lt�}„� �'1�J ✓nlxr• �� 1 [�urMCinj � ;,,'�..'�eCJ u Date; L �afUl'E�45c>tN1Y'ti�'.}5c`fJY� l`) inclp s Signature PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CiTY COMMISSION DEC S 2d10 A UTILITY BILL AND d cYfYOFaAI. An A COPY OF YOUR awtritr+Arctc PHOTO ID STATEMENT OF QUALIFICATIONS CrtYCl,�ItKSDBPARIMMA APPLICATION IS FOR THE FOLLOWING COMMISSION: R separate appiworion 14 rn urlau rvr PQM„ ��,,,•,,��,�, PERSONAL INFORMATION: Name I�ndh�t, Navv e�►'t Residence Address—�. - Length of time at this Address) ye -', E-mail Homo 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?_„ K- — Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? AIo If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 G 6 6 7 9 9 10 11 12 High School Graduate? G,E.D,?._ - e and. Location of College or University Couise 6f Study Degree EMPLOYMENT INFORMATION / EXPERIENCE:, i •-'• Natpe qnd ddress of ElLloyerfs) .�pJtj�f e --- --,- Dates of Employment ' • REFERENCES: Please provide the names of two (t) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character, V Add o.w—.— Name i "T h a W 5 L eVV IMPORTANT: Read the following carefully and answer completely, A conviction is not an automatic bar to appointment, Each case is conWdered on its Individual merits, MISDj.MEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? d HAVE YOU EVER BEEN CONVICTED OF A FELONY OR If yes, Please list all offenses, date and place of offense(s), and sentenoelfine received: ACKNOWLEDGEMENTICERTI FICATION: I understand that Upon filing, this application becomes a public record. I oertify under penally of perjury under the laws of the State of Qailtornla that the foregoing,,, ­ Is true and correct, �� Date Signature r�r t! (,�t{•✓/.)'f {, }�44 ( ,yr y.; — j' ��1+'=�i�iAi!•'.j.•r:: �"'_G; :da�:;;}4:°:'�J'i�`FiE^s � �4 r�r�i'ii:�'j%r ',4:••��.'.•::}::.,0�"I.,+ip.�4i{Ri �.:•IV•YY+i l.l: `Ji l::Il'l8i !?)„���• �i i:�t�i,�"3 y4•�T..a •.�1.-t'�..... ..1.r�~'�a:'•R.RI•tit_... l.y- ...f iii Residency varifiaation: ,Q Yes No Datc: Voter Registration Verification: [I Yes (� No Itesldoncy verification: ❑ Yes ] No Date: Appointment data; _ f—I Wn r)atn- Teiyn expiros:_ _ l u v Commission Requested; i��l°� Com►»ani S¢rvic, Namee•n�r a. Y $TATEMENT OF•4UAl.li✓ICATION3: 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. �. N r t■ Y ir. a.I ;q..a;a..i lr d t fl'. '_,[ A S r �.Y�• Li a c pu�1'� L'b a fvor>� far eN • 'I I het benrrffiiz Uzi �►.a�_�s��c i`a� ev�.�,�' {r� i��hl,� _ �oa,ls i r I aA tib veru►. f,tv6' 4A,44�oA cc, "i1'ion +V Date; signature !Votive: 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, inuring this time, should a '' vacancy occur in the commission for which you have requested consideration of appointment, your application wilt be included in the pool of applicants provided however, that you submit current proof of residency at the.tlme of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this appiloationl . RED ATTACH'A. CITY OF BALDWIN PARK MAR 21 2019 Cu17RI�NT copY.aF APPLICATION FOR CITY COMMISSIONA UTILITY i31W,ANP. CrrMf DALDWtNPW A.c PHOTO iDau A STATEMENT OFQUALIFICATIONS nd crfYMaK5t�1 frAs�Mt:NT APPLICATION IS FOR THE FOLLOWING COMMISSION: -----: �� t''�-5 a o") ��tv in aannenfa annilcatfon is reaulred for 08th comrrrlssion --- PERSONAL INFORMATION: Nemo , Residence Address . _. , _.. _.. -- __......._...., Length of time at this Address; ,S E -mall address; - Home Phone No, Ceiumessage Phone No. �a� Are you registered to vote In the City of Baldwin Park?—*La._ -- Ara you 18 years o! age or cider? — fl{.... ' � Y g q Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? 1f yes, name of agency and posltlon: N1 y t v.N'A Voti�t t r Ft 3 C' G�rr�f UJ i 5 i EDUCATION,G, E,D.?= ntrn�o uinhnRf rvrndA you completed; 1 2 3 4 6 6 7 8 9 10 11 (1,2;1 High school Graduate? E f a EMP1"oYMENT INFORMATION 1 EXPERIENCE: A. REFERENCES: Please provide the names of two (@) persons, who are'not City of Baldwin Park 'Eleoted or•Appolnted.Officlals and who noh �nmmnnt nn vour cauabllitles and character, IMPORTANT: Read the following carefully and answer completely, ,A oonvloUon Is not an automatic bar to appointment, Each case Is considered on its individual merits, HAW YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATIO If yes, Please list all offenses, date and place of offeripe(s), and sentencelfine received; tv A0KNOWl.3DGEME:NTICERTIFICATIQN: oertlf}l ' h I undaratandw upon filing, this apptloallon becomes a public retard. under pens t�df perjury under the laws of the State or Callfornle that UWforegoir Is true an a creat. A. �Y ^ Date Signature ; ';n: n: '7' %e••µ,•' : ���;;rrs�lr4;✓,n'�S�s1A,0i f�.' o p:',ff7i$a 1' e;rai3.r3'r,.aff eaa(�Il `a1L . , ��, �y,,,;....r.�,r,.,�s';V'��:ii�r��'e , . .rife'.:. 'Voter Registfation 'Verification: CI Yes Cl No ResidencyI. verification: 0 Yes' 0 No Date;._._ _ Residency verification: Cl Yes ❑ No Date:,-,__-_______ Appointment date: Residency verification: 0 Yes Q No )Date:.__..,. ,,, Tertn expires: Attachment 2 Roster of Commission Members W m W Z _O c) G 0 U LL W 1-- U) w ro E 0 s I— Z Z Z Z Z cu Q Q Q Q Q J d C� C > > > > > O� I I I I I O O O O O N E E O U O N CO a) a a QQ Q Q Q 0 I I I I I = U ro Cl) V V V V m V tl V �°, O O O O O O O N E E O U a) N a) Z F" Z F— X O U c�i w rn Q > Q U Q N N cn F- a '00 � I- � a F- I a °' ? > �� tm �' > I Uro > I Qr0 > I m w .1L ro T' ro o _ Cl) 0-6 '� t/j IL t/1 CN V a) a'0. 0 Xw 41 Q X t0.1 0 O CQCL O �QW O m 00 v U) d O m a� O E 0 U 0 a) V 0 0 ro C O ro y C a) oro aro aro O m't 0 Z Q �- .I`— O N 0)-0 O r--- L L O Coo Qocm 000 ago X00 _ m C N 3r co >r� I NrM 01�M (o p((0 arf� W W,6<O `.O �f0 ILc. (14 s iii V c a) U- m I LO a) �* 0, o 4) CL a xn I CL a I CL CL uO 'a �QW¢WQWQW O vQW E O O 0 O O 0 0 cn KE ITEM NO. STAFF REPORT E N7 ---'''/ti' TO: Honorable Mayor and Members of the City Council THe FROM: Lourdes Morales, Chief Deputy City Clerk Say-ABa'ie�'�; DATE: November 6� 2019 Rgr�pAN,,, SUBJECT: Approve and Adopt Resolution No. 2019-050 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City"; and Review and Appoint Members to the San Gabriel Valley Mosquito & Vector Control District, as Appropriate SUMMARY This report requests City Council selection of designated representative and alternate as official representatives of the City for the San Gabriel Valley Mosquito & Vector Control District. RECOMMENDATION Staff recommends that the City Council rescind Resolution 2019-015 and complete the review and appointment of delegate and alternate to the San Gabriel Valley Mosquito & Vector Control District in Resolution No. 2019-050, entitled: "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City". FISCAL IMPACT Not Applicable BACKGROUND The City Clerk's Office received correspondence from the San Gabriel Valley Mosquito & Vector Control District advising the City of Baldwin Park that the current representative's term will expire on December 31, 2019 and further, request the City Council appoint a representative to the Board of Trustees prior to January 10, 2020. The appointed delegate will serve on the San Gabriel Valley Mosquito & Vector Control District effective January 1, 2020 until December 31, 2021. Additionally, the City of Baldwin Park terminated services with Independent Cities Risk Management Authority (ICRMA) effective September 16, 2019 and will no longer require the appointment of delegates/alternates to this committee. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1. Resolution No. 2019-050 — New Appointment 2. Current Roster of City Council Appointed Delegates Attachment 1 Resolution No. 2019-050 RESOLUTION NO. 2019-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY WHEREAS, it is the Council's desire to review and/or amend the existing appointments; and WHEREAS, Resolution No. 2019-015 adopted April 17 2019 and all other Resolutions inconsistent herewith are hereby repealed and rescinded. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Water Association — Quarterly luncheon held in various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Re resentative: Councilmember Susan Rubio Mayor Manuel Lozano Alternate: Mavor Manuel Lozano Council Member Ricardo Pacheco Section 2. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 — 4th Wednesday at 1:30 p.m.; Joint Administration Office (MEMBERS RECEIVE A STIPEND — $125 per meeting) Existing Appointees New Appointees Re resentative: *Mayor Manuel Lozano Mayor Manuel Lozano Alternate: Council Member Ricardo Pacheco Mayor Pro Tem Monica Garcia *Appointment of Mayor required by Sanitation District Section 3. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the League of California Cities — Los Angeles County Division — 1St Thursday at 6:00 p.m.; various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Mayor Pro Tem Cruz Baca Council Member Alejandra Avila Alternate: Councilmember Susan Rubio Council Member Paul C. Hernandez Section 4. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" General Membership Meeting — 3'd Thursday at 8:30 a.m.; Area D Office (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees FReresentative: Chief of Police Chief of Police Alternate: Mayor Manuel Lozano Mayor Manuel Lozano Section 6. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association — 2nd Tuesday at 7:00 p.m.; rotating Council Chambers (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Mayor Pro Tem Monica Garcia Council Member Paul C. Hernandez Alternate: Councilmember Ricardo Pacheco Council Member Alejandra Avila Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority — As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND — $150 per meeting) Existing Appointees I New Appointees Representative: Councilmember Ricardo Pacheco Council Member Ricardo Pacheco Alternate: Chief of Police Chief of Police Section 8. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County — City Selection Committee — As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Re resentative: *Ma or Manuel Lozano Mayor Manuel Lozano Alternate: Mayor Pro Tem Monica Garcia Mayor Pro Tem Monica Garcia *Appointment of Mayor required by State Law Section 9. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Southern California Association of Governments — Annual Conference in the month of May (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees [_Representative: Councilmember Tem Cruz Baca Mayor Pro Tem Monica Garcia Alternate: Councilmember Susan Rubio Council Member Paul C. Hernandez Section 10. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Foothill Transit Zone — Last Friday of the Month at 7:45 a.m.; Foothill Transit Administrative Offices (MEMBERS RECEIVE A STIPEND — $161 per meeting) Existing Appointees New Appointees Re resentative: Councilmember Ricardo Pacheco Council Member Ricardo Pacheco Alternate: Councilmember Cruz Baca Council Member Paul C. Hernandez Section 11. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the California Contract Cities Association (CCCA) — 3rd Wednesday at 6:00 p.m. in various locations (MEMBERS RECEIVE A STIPEND — No) Existing Appointees New Appointees Representative: Mayor Pro Tem Monica Garcia Mayor Pro Tem Monica Garcia Alternate: Councilmember Susan Rubio Mayor Manuel Lozano Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Governing Board of the San Gabriel Valley Mosquito and Vector Control District -2nd Friday at 10:00 a.m. in the District Office (MEMBERS RECEIVE A STIPEND — $100 per meeting) Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3rd Thursdays at 6:00 p.m. at the Municipal Water District (MEMBERS RECEIVE A STIPEND — $75 per meeting) Existing Appointees New Appointees FReeresentative: Councilmember Cruz Baca Mayor Pro Tem Monica Garcia Alternate: Mayor Pro Tem Monica Garcia Council Member Alejandra Avila Section 14. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. Existing Appointees New Appointees Representative: Councilmember Cruz Baca Expires: 12/31/2021 per Health and Safety Code § 2024 a Alternate: Councilmember Ricardo Pacheco *Not required Expires: 12/3112021 per Health and Safety Code § 2024 a Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3rd Thursdays at 6:00 p.m. at the Municipal Water District (MEMBERS RECEIVE A STIPEND — $75 per meeting) Existing Appointees New Appointees FReeresentative: Councilmember Cruz Baca Mayor Pro Tem Monica Garcia Alternate: Mayor Pro Tem Monica Garcia Council Member Alejandra Avila Section 14. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. PASSED, APPROVED, AND ADOPTED this 6t" day of November, 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-050 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on November 6, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK Attachment 2 Current Roster of Appointed Delegates L E Ln > v O S o �N/ U o ai cn L _ ��y ++ (O r p =$ • ii NCV = o ci p p V C N ,L C p M G I� N Q r v v v (�0 4N O N Q rn a O U Y C N U (¢,� U O ," : 000 Q o U -. -aa � O x ,ice_+ p v m ry V � C9 o c0 O • Lnr-i a o0 N v U CO C N O> N m E m N .� e0 00 Z y v +�, �� �r c ti .O Ln c +m+ C p m 10N •` C l6 LO D G u NLO C = (a O O CO 0) coO O N O E O a) l0 O p v N N ry tQ t� O v E t0 Ln V. 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