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HomeMy WebLinkAbout2020 09 16 Staff ReportNOTICE AND CALL OF A SPECIAL VIRTUAL 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, September 16, 2020 at 5:00 PM. virtually. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: September 10, 2020. /V( P-- 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 September 16, 2020. Lourdes Morales, Chief Deputy City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL VIRTUAL MEETING September 16, 2020 5:00 PM THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS In accordance with the Governor's Declarations of Emergency for the State of California (executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home Order (Executive Order N-33-20), the Baldwin Park City Council Meetings are being conducted via teleconference to limit in-person attendance. Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZO dDFRiy59rhiDZ13Fp/featured?view as=subscriber http://baldwinpork.granicus.com/ViewPub/isher.php?view id=10 a►, HUB OE 1. T H E V SAN GABRIEL10 nQ1'1,74 o� t �7'ED JANUP Manuel Lozano - Mayor Paul C. Hernandez - Mayor Pro Tem Alejandra Avila - Council Member Jean M. Ayala - Council Member Monica Garcia - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Se invita al publico a dirigirse al Concilio o City Council or any of its Agencies listed cualquiera otra de sus Agencias nombradas en on this agenda. In accordance with esta agenda. De acuerdo con el capitulo 39 del Chapter 39 of the Baldwin Park Municipal Codigo Municipal de la Ciudad de Baldwin Park, Code, Speakers must address the los comentaros deben se dirigidos al Concilio Council as a whole and refrain from como una sola entidad, y no ser impertinentes, making impertinent, slanderous, or difamatorios, o profanos, o interrumpir la paz de profane remarks or disrupt the peace of la reunion. meeting. L CITY COUNCIL SPECIAL VIRTUAL MEETING — 5:00 P.M. CALL TO ORDER: ROLL CALL: Council Members: Alejandra Avila, Jean M. Ayala, Monica Garcia, Mayor Pro Tem Paul C. Hernandez, and Mayor Manuel Lozano If you wish to comment on agenda items, please email yc phone number where you will be available between the 1 2020 to comments(a-baldwinpark. com. You will be cont: (three) minutes to speak live during the meeting. In order their concerns, staff needs time to compile and sort sp( request that you email your information between the pos 16, 2020. If large numbers of persons wishing to speak allotted for each speaker may be announced). A one h communications so that City business can be conducted, name, City of residence, item number and a irs of 5.00 PM to 6.00 PM on September 16, ed by a staff member and will be granted 3 provide all with an equal opportunity to voice ;er cards received. As such, we respectfully g of this agenda and 3:00 PM on September gathered (a reduction of the speaking time r limit may be placed on the time for public ter which time, communications can resume. OPEN SESSION/STUDY SESSION • Vision Zero Presentation Presented by: Sam Gutierrez, Director of Public Works • Review of Affordable Senior Housing Devel Retirement Housing Foundation Inc. Presented by: Ben Martinez, Director of Commun RECESS TO CLOSED SESSION 1. Public Employment Pursuant to Government Code §54957: Position: Police Chief Recruitment 2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: ent Design Proposed by the Development Agency Designated Representative: Rebecca T� Green, Richards Watson Gershon, Shannon auchzee, Chief Executive Officer, and Laura Thor as, Human Resources/Risk Manager Employee Organizations: Baldwin Park City E Baldwin Park Classi, (CCEA) Baldwin Park Classi (CMEA) Baldwin Park Police (PMEA) Baldwin Park Police Service Employee Ir )yees Association (CEA) Confidential Employees Association Management Employees Association Employees Association tion (POA) nal Union (SEIU 3. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: BP Tale Corp. v. Rukli, Inc. Case Name: Herrera v. City of Baldwin Park Case Name: City of Baldwin Park v. City of Irwindale Case Name: Ehlers v. City of Baldwin Park Case No. 19STCV41708 Case No. 20STCV11521 Case No. BS163400 Case No. 2 -19 -CV -09864 -CAS 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. B. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. C. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan Jenome Research D. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park E. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP F. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. G. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group H. Property: 4802 Littlejohn Street, Suite B (CAN 17-29) Negotiating Parties: City of Baldwin Park and Yichang Bai W&F International Corp I. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. J. Property: 15440, 15442 and 15444 Arrow Highway (CAN 18-01) Negotiating Parties: City of Baldwin Park and Tim McCarty Ala Karte, LLC K. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. L. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. M. Property: Negotiating Parties: N. Property: Negotiating Parties: O. Property: Negotiating Parties: 1516 Virginia Avenue (CAN 17-30) City of Baldwin Park and David Ju DJCBP Corp., dba Tier One Consulting 14551 Joanbridge Street (CAN 17-02) City of Baldwin Park and Tony Fong Baldwin Park Tale Corp. 5018 Lante Street City of Baldwin Park and Robert Gray Distinct Indulgence, Inc. 5. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Four (4) 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 September 16, 2020. eou&rdes Morales Chief Deputy City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e- mail Imorales0baldwinpark. com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) BALDWIN PARK CITY COUNCIL REGULAR VIRTUAL MEETING September 16, 2020 7:00 PM THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS In accordance with the Governor's Declarations of Emergency for the State of California (executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home Order (Executive Order N-33-20), the Baldwin Park City Council Meetings are being conducted via teleconference to limit in-person attendance. Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZO dDFRj 9rhiDZ13Fq/featured?view as=subscriber http.//baldwingark.granicus.comNiewPublisher.php?view id=10 Manuel Lozano Paul C. Hernandez Alejandra Avila Jean M. Ayala Monica Garcia Mayor Mayor Pro Tem Council Member Council Member Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING. PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Se invita al publico a dirigirse al Concilio o City Council or any of its Agencies listed cualquier otra de sus Agencias nombradas en on this agenda on any matter posted on esta agenda, para hablar sobre cualquier the agenda or on any other matter within asunto publicado en /a agenda o cualquier its jurisdiction. In accordance with tema que este bajo su jurisdiccion. De acuerdo Chapter 39 of the Baldwin Park con el capitulo 39 del Codigo Municipal de la Municipal Code, Speakers must address Ciudad de Baldwin Park, los comentaros deben the Council as a whole and refrain from se dirigidos al Concilio Como una sola entidad, making impertinent, slanderous, or y no ser impertinentes, difamatorios, o profane remarks or disrupt the peace of profanos, o interrumpir la paz de la reunion. the meeting. CITY COUNCIL REGULAR VIRTUAL MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Alejandra Avila, Jean M. Ayala, Monica Garcia, Mayor Pro Tem Paul C. Hernandez and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS Council are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Rental Housing and Business Assistance Programs — Coronavirus Act Relief Funds Presentation By Director of Community Development Ben Martinez • 2020 Election Presentation/Update By Chief Deputy City Clerk Lourdes Morales PUBLIC COMMUNICATIONS If you wish to comment, please email your name, City of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on September 16, 2020 to comments&baldwingark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. In order to provide all with an equal opportunity to voice their concerns, staff needs time to compile and sort speaker cards received. As such, we respectfully request that you email your information between the posting of this agenda and 5:00 PM on September 16, 2020. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. 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. City Council Agenda Page 2 2. Treasurer's Report — July 2020 Staff recommends that Council receive and file the Treasurer's Report for July 2020. 3. Ratify and Adopt a Resolution Approving the Baldwin Park Police Complaint Investigation Policy and Procedure Staff recommends that the City Council approve, Ratify and Adopt Resolution No. 2020- 046 Approving the Baldwin Park Police Complaint Investigation Policy and Procedure. 4. Ratify and Adopt a Resolution Approving the City of Baldwin Park Comprehensive Pay Schedule in Accordance with Cal PERS Established Guidelines. Staff recommends that the City Council Approve, Ratify and Adopt Resolution No. 2020- 047 Approving the deletion of Lieutenant and Captain Positions and updating the Comprehensive Pay Schedule to coincide with the FY 20/21 Budget. 5. Adopt Resolution No. 2020-044, "A Resolution of the City Council of the City of Baldwin Park, California, Declaring to Become a Vision Zero Community and Adopting a Vision Zero Policy and Approving the Development of an Action Plan with the Clear Goal of Eliminating Traffic Fatalities and Severe Injuries on City Roads and Streets in the Next 10 Years It is Staff's recommendation that the City Council adopt Resolution No. 2020-044, "A Resolution of the City Council of the City of Baldwin Park, California, Declaring to Become a Vision Zero Community and Adopting a Vision Zero Policy and Approving the Development of an Action Plan with the Clear Goal of Eliminating Traffic Fatalities and Severe Injuries on City Roads and Streets in the Next 10 Years. 6. Authorization to Publish a Request for Proposals (RFP) for Professional Landscape Maintenance Services for Routine Maintenance of Center Medians Along Various Major City Corridors It is Staff's recommendation that the City Council to authorize Staff to publish a Request of Proposal for Professional Landscape Maintenance Services. 7. Re -appropriation of Funds from Public Safety Improvement Account and Authorize Purchase of Police Vehicle Computers Staff recommends City Council approval to: 1. Authorize the Director of Finance appropriate $41,950.73 from AB74 Public Safety Enhancement Fund and account #209-30-340-58110-13021 and $72,939.15 from Federal Asset Forfeiture Fund and account #205-30-340-58110-13021 to cover the remaining cost of $114,889.88; and 2. Authorize the Police Department to purchase the requested patrol vehicle computers; and 3. Authorize the Chief of Police, or his designee, to complete all appropriate documentation necessary to complete the purchase. 8. Award of Contract for Citywide Janitorial Services Staff recommends that the City Council award a contract to CA Cleaning Maintenance for janitorial services. City Council Agenda Page 3 CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. SA -2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — July 2020 Staff recommends that the Board receive and file the Treasurer's Report for July 2020. PUBLIC HEARING 9. A Request to the City Council from the Planning Commission to Approve Development Agreement 20-04 to Grant a Cannabis Permit for a New Cannabis Cultivation and Manufacturing facility within the I, Industrial Zone Pursuant to Ordinance 1408. (Location: 4517 Little John St.; Applicant: Freshmade LLC; Case Number: DA 20-04 for CAN 20-01). Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1454, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH FRESHMADE, LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4517 LITTLE JOHN STREET. (APN 8535-023-039) WITHIN THE CITY OF BALDWIN PARK". 10.A Request to the City Council from the Planning Commission on an Amendment to Development Agreement 18-14 (currently located at 150110 Arrow Highway) to add an additional location 13110 Spring Street, for a Cannabis Cultivation and Manufacturing Facility within the IC, Industrial Commercial Zone Pursuant to Ordinance 1442 (Location:15010 Arrow Highway; Applicant: VRD Inc.; Case Number: DA -18-14) Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1455, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH VRD INC. FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 15010 ARROW HIGHWAY (APN 8535-023-011) AND 13110 SPRING STREET (APN 8535-023-025) WITHIN THE CITY OF BALDWIN PARK". City Council Agenda Page 4 REPORTS OF OFFICERS 11.Approve and Adopt Resolution No. 2020-045 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 City for the San Gabriel Valley Water Association, Independent Cities Lease Finance Authority, and the Foothill Transit Zone Staff recommends that the City Council rescind Resolution 2020-037 and complete the review and appointment of delegate and alternate to the San Gabriel Valley Water Association, Independent Cities Lease Finance Authority, and the Foothill Transit Zone in Resolution No. 2020-045, 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 & COMMUNICATION None ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of September, 2020. 4 a, 41 f4 Lourdes Morales, Chief Deputy City Clerk 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 (morales aabaldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 5 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: September 16, 2020 SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $438,181.50 and the attached General Warrants Register was $1,226,280.34 for a total amount of $1,664,461.84. 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 200954 to 200959. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 23001 to 23216 for the period of August 9, 2020 through August 22, 2020, inclusive; these are presented and hereby ratified in the amount of $438,181.50. 2. General Warrants, with the bank drafts in the amount of $136,581.73 and checks from 230136 to 230308 in the amount of $1,089,698.61 for the period of August 25, 2020 to September 8, 2020, inclusive; in the total amount of $1,226,280.34 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register In int o o n o rn a, n O O In 4n o Vootn f'n In oo o o cn'b<t .>C, In 't N Q Q Q Q Q b b QU P P O O in P r] P In '0 I:> P tt N v N q (,I moto'0ornto,-� O" tr n o N o o Ct ri r -I ri(noo ttmt<to 0o moon oo0o t In In In n b N rn b rno b v).. 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C� ao"7Q�o ]oQo OOC) or nFUWU�ii�vo dvov n 4 O D O d p 0 r =rl.-� N•~� �HP.MM[iiU V c�U�MM4UU o"�v�iv�iv�ivFi�U�C4c�A�P4C��1 f�gO�O�Oa�cUi,rUi,cUi,[Ui��rUi�rUi�A[vi�� � 0000 a awwwwwwwww �` 0 c0= A s 555Sv, v� �1-1N'A,a�caawaaaa,a.aa 0 a cs a rs n n 00000000000 UUVUVVUVVVU UUUUVC�JVV VUU EES sUuuuzz'zzzx�Z��6 zzzzzzzzzz 000a0000aao � zzzzzzzz0zzaa.-taa 000000000ao c�t�t-t-��FFF-F-E~ �HFwwwa,c,��awa�aaaaaaaa�.a d A A O O O O O O O O O O O O O O O O O O O O p p p O 0 0 Q Q 0 0 0 0 0 0 0 0 + r€ rl rl rl r€ rl rl rl Cl rF r€ r€ rl rI rI N fl rl N rl r€ fl fl N N N Cl N Cl N N N N N N N g Q Q O O Q Q o 00 oo000000000OODoo0 o 0 O 0000000 M cr€M M In M M M MMM MMM M M:4: 44 d' IV,IV,}5151 d' } <} l V 4141 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Q O p p p O O�O�OI O�O�Q+cS O�O��TQ�i�TO�i 6_i Oi MOR 8- O�O_i OiU q�UUUO� Ch [31 O� ONQy O O O O O O O O O o O O o 0 0 0 0 0 0 0 0 0 0 0 Q Q p p O O Q O b 0 0 0 L fJ p q roi�coa coo 000 000 coo �opb Popo op'�apim a�c�mmmm Z C- CF 17 000000 0 C> 00Cl Cl Cl Cl oo Do 01onnnl�a000c000csogaorgeow[g000000000000000ppppp x+00 0 0 00 0 0000000 0 0'```' A �`rZr,�lii�,ri�irlIoq �i�li` In ,C1,r,A�lAf�f��1C1C1(af� 1��QQaQ l tit Honorable Mayor and Members of the City Council Rose Tam, Director of Finance September 16, 2020 Treasurer's Report — July 2020 SUMMARY Attached is the Treasurer's Report for the month of July 2020. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for July 2020. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report TO: u ;O , r 'r Tia' r FROM: DATE: ko SUBJECT: JANOa Honorable Mayor and Members of the City Council Rose Tam, Director of Finance September 16, 2020 Treasurer's Report — July 2020 SUMMARY Attached is the Treasurer's Report for the month of July 2020. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for July 2020. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 713112020 INVESTMENT INTEREST PURCHASE MATURITY DESCRIPTION RATE DATE DATE State of California Local Agency Investment 96,468,42 SuccessorAgency 112,466:34 City dirj­domrat Fund & all other Special Revenue Funds 0.920% Varies Varies Housing Authority 0,920% Varies Varies CertiflcateofDeposit Citibank National Association (Mutual Securities) 2.66% 112512019 112612021 Barclays Bank Del (Cantella) 3.05% 121I912018 1212112020 PAR CURRENT BOOK MARKET 29,402,841A0 $ 29,402,841.40 $ 29,402,841,40 $ 2%402,841-40 14,027,67 14,027.67 14,027.67 14,027.67 29,416,869-07 29,416,869.07 29,416,869.07 29,416,869.07 250,000.00 250,000.00 250,000.0 263,150.00 250,00000 260,000.00 260,000.00 252,935.00 600,000.00 600,000,00 600,000.00 606,085.00 US Bank - Debt Service T"stge _Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 6,755,332.54 6,756,332,64 6,765,332,64 6,756,332.64 Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fund) Varies Varies Varies 1,276,624.00 1,276,624,00 11,276,624A0 1,276,624.00 8,031,956.64 8,031,966.64 0,031,966,64 8,031,056.64 Total Investments $ 37,848;825.81 Cash with Bank of the West City Checking 3,212,632.96 Money Market Plus 133,694,73 City Miscellaneous Cash 96,468,42 SuccessorAgency 112,466:34 Housing Authority 256,262.94 Financing Authority 11,700.00 Total Cash with Bank of the West 3,721,016.39 Investment Brokerage Capita Reserves (Dlvdend Option Cash) 3,823.34 Total Cash and Investments $ , 41,673,684.34 In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012. The successor agency name is "The City of Baldwin Park as Successor Agency to the Community Development Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transactions made for the month of July 2020 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tani Director of Finance ITEM NO. 3 TO: Honorable Mayor and Members of the City Council T�f r FROM: Shannon Yauchzee, Chief Executive Officer � Laura J. Thomas, Human Resources/Risk Manager v ~ «" Robert A. Lopez, Interim Chief of Police 4,. D JAW) ' DATE: September 16, 2020 SUBJECT: Ratify and Adopt a Resolution Approving the Baldwin Park Police Complaint Investigation Policy and Procedure SUMMARY This report is requesting City Council consideration and adoption of a resolution approving the Baldwin Park Police Complaint Investigation Policy and Procedure to ensure all complaints are handled with a level of professionalism, timeliness and a resolve to address important matters. RECOMMENDATION Staff recommends that the City Council approve, ratify and adopt Resolution No. 2020-046 Approving the Baldwin Park Police Complaint Investigation Policy and Procedure. FISCAL IMPACT There is no fiscal impact to the General Fund. BACKGROUND To demonstrate the City of Baldwin Park's commitment to timely review and resolution of complaints from the general community and internal staff, a Police Complaint Investigation Policy and Procedure has been developed. This policy is unprecedented in the law enforcement industry in that it reflects a growing partnership between Human Resources and the Police Department to swiftly investigate and resolve complaints. Included in the policy is an ongoing commitment by Human Resources and the Police Department to not only address complaints, but to closely evaluate trends and patterns that require creative solutions, including training and development, policy revisions, strategic thinking/planning and so on. The City is optimistic that the implementation of this policy will be a positive step forward to improve working relationships and advance partnerships within the Baldwin Park community. ALTERNATIVES The alternative is to request further review of the proposed policy and procedure. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2020-046 approving the adoption of a Police Complaint Investigation Policy and Procedure. 2. Baldwin Park Police Complaint Investigation Policy and Procedure RESOLUTION NO. 2020-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO ADOPT A BALDWIN PARK POLICE COMPLAINT INVESTIGATION POLICY AND PROCEDURE WHEREAS, the City has developed a Baldwin Park Police Complaint Investigation Policy and Procedure to ensure the Human Resources Department and Police Department work in close partnership to investigate all complaints; and WHEREAS, the Police Department and Human Resources are committed to ensuring that all external and internal complaints are investigated in a timely and efficient manner; and WHEREAS, the Police Department and Human Resources are committed to ensuring that all investigations are conducted with the highest level of professionalism and integrity; and WHEREAS, the Police Department and Human Resources are committed to evaluating complaints and discussing viable solutions to create a positive work environment and enhance community relations. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park adopts CC Resolution No. 2020-046 to create the BP Police Complaint Investigation Policy and Procedure. PASSED, APPROVED, AND ADOPTED this 16th day of September 2020. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2020-046 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on September 16, 2020 and that the same was adopted by the following vote to wit: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LOURDES MORALES CHIEF DEPUTY CITY CLERK BP Police Complaint Investigation Policy and Procedure September 16, 2020 POLICY PURPOSE: The City of Baldwin Park's Complaint Investigation Policy and Procedure is established in part to uphold the Law Enforcement Code of Ethics as outlined in the Baldwin Park Police Policy Manual. In the spirit of transparency and accountability it is also the intent of the City to provide guidelines for the complaint investigation process whereby the Police Department and Human Resources work in partnership to address and resolve formal complaints. POLICY SCOPE: This policy applies to any complaint of wrong doing, policy violation or illegal activity of employees of the Police Department. Any investigative activity required will be conducted without regard to the alleged wrongdoer's affiliation with an organization, length of service, position/title, relationship to the City or any other factors that would be viewed as discriminatory under the law. POLICY: The Police Department is responsible for taking on a proactive role to investigate, with the highest level of integrity all complaints from the general public and all internal complaints filed by police department employees. This policy holds the Police Department responsible for including Human Resources in the initial review of formal complaints and to involve Human Resources in decisions, where necessary, as to the method of handling such complaints. The Police Department and Human Resources will consider important factors when making decisions as to how complaints should be investigated, and the actions to be taken against an employee (the accused) who through material evidence is found to have violated a policy or a provision of the law. During an investigation every effort must be taken to protect confidentiality of all parties involved especially the complainant, to prevent a potential conflict of interest and to seek the best method for expeditiously resolving complaints. Moreover, the periodic evaluation of such complaints by the Police Department and Human Resources should result in viable solutions to enhance workplace and/or community relations. COMPLAINT PROCEDURE - The following provides a step by step process whereby complaints are investigated. IF,*' FR, •11 FIT n 11I• •'! i O t'=a- 9 0- 1. External or Internal Complaint is filed with Police Department. 2. Chief of Police determines which complaints require a formal investigation. 3. The Chief of Police will inform Human Resources of the complaint. 4. The Chief of Police, in consultation with Human Resources, will determine if the complaint should be investigated internally by the Professional Standards Bureau, other Bureau or outsourced. 5. Human Resources will be kept informed of the status and final outcome of investigations conducted by the Police Department. 6. Outsourced investigations will normally be under the general guidance of a legal firm specializing in government law who provides consultative services to Human Resources on formal complaints. 7. Human Resources will coordinate a meeting with the designated law firm and the Police Chief or his/her designee to discuss the complaint after which a scope of investigation letter will be drafted by the law firm. 8. Human Resources will select the Investigator who typically possesses law enforcement investigative experience and knowledge of POBR to conduct the investigation. 9. The Investigator works directly with the Police Department to arrange for interviews with the complainant and witnesses. 10. Upon completion of the Investigation, the assigned Investigator will draft a report of findings and forward to the legal firm, Human Resources and the Police liaison as designated by the Chief of Police for initial review. 11. The legal firm will review the Investigator's report to ensure it conforms with the scope Ofinvestigation letter and discuss the report with Human Resources and Police liaison. 12.The Chief OfPolice, with input from Human Resources, will make the final determination and has the final authority for the type of discipline. Human Resources will be informed ofthat decision. 13. The legal firm will typically assist with preparing Notice ofIntent to Discipline for issuance tothe accused, ifapplicable. 14. Human Resources and Police Department will maintain a record and keep track ofall formal investigations. 15. Human Resources will work in partnership with Police to provide a status of all formal investigations, which will ensure protections and confidentiality ofemployees, for the Chief Executive Officer and City Council review upon request. 16. Periodic discussions, also referred to as Lessons Learned Opportunities with the Police Chief and Human Resources/Risk Manager will be conducted to assess observable patterns of inappropriate practices or violations, and to implement solutions to mitigate future complaints. 4 TO: Honorable Mayor and Members of the City Council '' FROM: Shannon Yauchzee, Chief Executive Officer o Laura J. Thomas, Human Resources/Risk Manager DATE: September 16, 2020 SUBJECT: Ratify and Adopt a Resolution Approving the City of Baldwin Park Comprehensive Pay Schedule in Accordance with Cal PERS Established Guidelines. SUMMARY This report is requesting City Council consideration and to the Comprehensive Pay Schedule which includes positions. This revision is necessary to make sure the Budget. adoption of a resolution approving revisions the deletion of the Lieutenant and Captain salary schedule coincides with the FY 20/21 RECOMMENDATION Staff recommends that the City Council approve, ratify and adopt Resolution No. 2020-047 approving the deletion of Lieutenant and Captain Positions and updating the Comprehensive Pay Schedule to coincide with the FY 20/21 Budget. FISCAL IMPACT There is no fiscal impact to the General Fund. BACKGROUND The addition of the Police Commander job class and deletion of the Lieutenant and Captain positions was part of the Police Department Reorganization previously approved by City Council. To ensure the Comprehensive Pay Schedule accurately reflects the position authorities approved in the FY 20/21 Budget, the Comprehensive Pay Schedule will be amended in accordance with Cal PERS established guidelines. ALTERNATIVES The alternative is to request postponement of the revision until a future date. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTAC H M E NTS 1. Resolution No. 2020 —047 approving the revisions to the Comprehensive Pay Schedule. 2. Comprehensive Pay Schedule, dated September 16, 2020. RESOLUTION NO. 2020-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO ADOPT A SALARY RESOLUTION TO ESTABLISH A COMPREHENSIVE PAY SCHEDULE FOR ALL FULL TIME EMPLOYEES, PART TIME EMPLOYEES AND ELECTED OFFICIALS IN ACCORDANCE WITH CALPERS GUIDELINES WHEREAS, California Employees Retirement System (CaIPERS) does require all government agencies to provide and make available to the public the salary of all full- time employees, part-time employees and Elected Officials in a single salary format specified by CaIPERS whenever salary adjustments are made; and WHEREAS, the City of Baldwin Park previously approved a Police Department Reorganization and the deletion of Lieutenant and Captain positions to be replaced by Police Commander; and WHEREAS, the Comprehensive Pay Schedule should reflect the FY 20/21 Budgeted authorities approved by City Council on July 1, 2020; and WHEREAS, the City of Baldwin Park compiled the necessary salary data to create a single salary schedule required in compliance with the requirements of CaIPERS and has attached said report to this resolution as with the date, September 16, 2020 referred to as Exhibit B. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park adopts CC Resolution No. 2020-047 to create the Comprehensive City of Baldwin Park Pay Schedule that includes pay rate information for all full-time and part-time employees as well as Elected Officials. PASSED, APPROVED, AND ADOPTED this 16th day of September 2020. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, LOURDES MORALES, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2020-047 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on September 16, 2020 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: lK6jWjn,0jRVAT%TAr;TW:7Rj ABSTAIN: COUNCIL MEMBERS: LOURDES MORALES CHIEF DEPUTY CITY CLERK Pay Schedule CA Code of Regulations (CCR 570.5) Effective September 16, 2020 4r.L Number Title Annual Fixed Rate 60006 Magor $7,200.00 60008 Cit Council $7,200.00 60001 Cid Clerk JNoq ertified ov $2,400.00 60002 CitYTreasurer $2,400.00 10005P ......................................... Citv Commissioner Per Meetin $50.00 Housing Authority PerMee i,!Iq $30.00 Number Title Annual Monthly Hourly 20001Chief Executive Officer $250,744.77 $20,895.40 $120.55 20092 Director of Recreation & Community Services mm $183,921.46 e $15,326.79 $88.42 20094 Director of Finance $184,267.64 $15,355.64 $88.59 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 20096 Chief of Police annual $200,289.88 $210,304.38 $220_,819.60 $231,86_0.58 $243,453.60 monthly.. $16,690.82 $17,525.36 $18,401.63 $19,321.71 $20,287.80 hourly $96.29 $101.11 $106.16 $111.47 $117.05 20096-A Interim Chief of Police annual $183,857.86 ® �_�.... ...- — ---------------------------------monthlyw�� �................ monthly ��15,321.49 �� � ��......------- -- hourly $88.39 20097 Director of Community Development annual $137,556.95 $144,434.79 $151,656.53 $159,239.36 $167,201.33 monthly $11,463.08 $12,036.23 $12,638.04 $13,269.95 $13,933.44 hOyr � _... $66.13 $69.44 w _ $72.91 $76.56 $80.39 20037 .,..o�...�� Director of Public Works .�..�_____�.m.A.._._..... annual w $144,43_4.79 $151,656.5_3 � $159,239_._36 $167,201.33 e $17_5,561.40 monthly $12,036.23 $12,638.04 $13,269.95 $13,933.44 $14,630.12 hourly $69.444 $72.91 w $76.56 _ $80.39 $84.40 Page 2 of 30 Adopted: September 16, 2020 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31011 ... Accounting Manager hours $45.62 ... $47.90 $50.3_0 $52.81 $55.45 $58.23 $61.14 monthly $7,907.94 $8,303.33 18,718.50 $9,154.43 $9,612.15 $10,092.75 $10,597.39 annual $94,895.25 $99,640.01 $104,622.01 $109,853.12 $115,345.77 $121,113.06 $127,168.71 31013 _ Assistant Police Chiefhours......... -- $65.47$6875 e $72.18 $75.79 e�w $79.58 $8356 $87.74 �m....... monthly $11,348.69 $11,916.12 $12,511.93 $13,137.53 $13,794.40 $14,484.12 $15,208.33 annual $136,184.28 $142,993.49 $150,143.17 $157,650.33 $165,532.84 $173,809.49 $182,499.96 31050 Chief Deputy City Clerk hourly � pppppppp _$32.28 � ppp $33.89 _$_35.59 $37.37 _$39.24 � $_41.20 pppppp$43.26 monthly $5,595.26 $5,875.02 $6,168.78 $6,477.21 $6,801.07 $7,141.13 $7,498.18 annual $67,143.13 $70,500.29 $74,025.30 $77,726.57 $81,612.90 $85,693.54 $89,978.22 31012pp _ City Planner _ hourly pppppppppppp ww� _$43.83 _$46.02 �$48.32 $50.74 $53.27 w $55.94 $58.73 monthl $7,596.94 $7,976.79 $8,375.63 $8,794.41 $9,234.13 $9,695.83 $10,180.63 annual $91,163.28 $95,721.44 $100,507.51 $105,532.89 $110,809.53 $116,350.01 $122,167.51 31081Housinc oMana�ger hours a � $4 �.......... � 4012 42.12 $_ $44� �....� 4.23 . $46.4,4 .........e $4 8.76 $51. e � ���.. 20 w $53.76 ..... �.. monthl, $6,953.45 $7,301.12 $7,666.18 $8,049.49 $8,451.96 $8,874.56 $9,318.29 ----------------------- annual $83,441.43 $87,613.50 $91,994.17 $96,593.88 $101,423.58 $106,494.75 $111,819.49 31031 Human Resources/Risk Manager _ ehourly $50.30 $52.81 $55.45 $58.23 e $61.14 mmmmmmm $6_4.20 _$_67.41 monthly $8,718.49 $9,154.42 $9,612.14 $10,092.74 $10,597.38 $11,127.25 $11,683.61 annual $104,621.89 $109,852.98$115,345.63 $121,112.91 $127,168.56 $133,526.99 $140,203.34 Page 3 of 30 Adopted: September 16, 2020 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31p041 Assistant Accountinq_Mana er...w.w.w.w.w.w.w.w.w.w.w.w.w.w.w.w.w.w.w.w.w.w.w.w.w.w.w.w.w __ hour�� � $44.29 $46.51 � $48 p83 $51.28 $53.84 $56.53 �ppp $p59.36 month/ $7,677.65 $8,061.53 $8,464.61 $8,887.84 $9,332.231 $9,798.85 $10,288.79 annual $92,131.83 $96,738.42 $101,575.34 $106,654.11 $111,986.81 $117,586.15 $123,465.46 31025 gyildinq Official/Plan Check Supervisor hours $44.46 $46.68 $49902 $_51.47 _$_54.04 $56.74 $59.58 month! $7,706.54 $8,091.87 $8,496.46 $8,921.28 $9,367.35 $9,835.71 $10,327.50 annual $92,478.46 $97,102.39 $101,957.51 $107,055.38 $112,408.15 $118,028.56 $123,929.99 31010 wwwwmm En ineerinq Mana_Qer � hourly $44.29 $46.50 $48.83 $51.27 $53.83 $56.53 $59.35 monthly $7,676.93 $8,060.77 $8,463.81 $8,887.00 $9,331.35 $9,797.92 $10,287.82 annual $92,123.14 $96,729.29 $101,565.76 $106,644.05 $111,976.25 $117,575.06 $123,453.81 Page 4 of 30 Adopted: September 16, 2020 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 70052 Executive Secreta r r p________________________________________________ hour-.�..,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,-- ________ $22.92 $24.07 $25.27 ________$26 54 pep_______ $27 86 $29.26 �ppp_________--- monthly $3,973.27 $4,171.93 $4,380.53 $4,599.55 $4,829.53 $5,071.01 $5,324.56 annual$47,679.21 $50,063.17 $52,566.33 $55,194.64 $57,954.37 $60,852.09 $63,894.70 70027ppppp Human Resources AnalVstII hourL....................... _$3019 _e $3170$3329 _$_34.95 $36.70 $38.53 w _$40.46 month! $5,233.24 $5,494.90 $5,769.65 $6,058.13 $6,361.04 $6,679.09 $7,013.05 annual $62,798.91 $65,938.86 $69,235.80 $72,697.59 $76,332.47 $80,149.09 $84,156.55 Human Resources Analyst I hourly _ �............ ---- $27.3_8 _$28.75$30.19 w- _$31.70 �$5,494.90 _$33_.29 ��$5,769.65 _$_34.95 ��$6,058.13 $_36.70 monthly $4,746.70 $4,984.04 $5,233.24 $6,361.04 annual $56,960.43 $59,808.45 $62,798.88 $65,938.82 $69,235.76 $72,697.55 $76,332.43 70022 Humane Resources Technician hourl�� $23.38 ---------- $24.55 _$25.78 $27.07 _$28.42 e _$29.84 $31.33 month $4,052.59 $4,255.22 $4,467.98 $4,691.38 $4,925.95 $5,172.25 $5,430.86 annual $48,631.11 $51,062.67 $53,615.80 $56,296.59 $59,111.42 $62,066.99 $65,170.34 Page 5 of 30 Adopted: September 16, 2020 M7. Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80025.... ...............-- Accountant...,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,-- __ hour-.,�..,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,-- .,.,.,.,.,.,-- $26.19 ...,.,.,.,.,.,.,.,.,.,$27.:50 _....,.,.,.,.,.,--., _8.88 ....,.,.,.,--- $30.32 $_31.84 .,.,.,.,.,.,-- $33 43 .,.,.,.,.,.,.,.,.,$35.10 monthl $4,540.23 $4,767.25 $5,005.61 $5,255.89 $5,518.68 $5,794.62 $6,084.35 annual $54,482.81 $57,206.95 $60,067.30 $63,070.66 $66,224.20 $69,535.41 $73,012.18 42036 Administrative Clerk I hours �..... $14.03 $14..73 ......... $15.47 $16.24 _$17.05 _ $17.91 $1880 monthly $2,431.8_6 $2,553.46 $2,681.13 $2,815.19 $2,955.95 $3,103.74 $3,258.93 annual $29,182.36 $30,641.48 $32,173.56 $33,782.23 $35,471.34 $37,244.91 $39,107.16 42037 Administrative Clerk II wwww hourly $15.49 $16.26 $17.07 $17..93 $18.82 $19.77 $20.75 monthly $2,684.33 $2,818.55 $2,959.48 $3,107.45 $3,262.82 $3,425.97 $3,597.26 annual $32,212.01 $33,822.61 $35,513.74 $37,289.43 $39,153.90 $41,111.59 $43,167.17 80039 _ Assistant Planner _............................................................... hourly �pppppp $ 26.25 $ 27.56 $ 28.94 $ 30.39 $ 31.91 $ 33.50 $ 35.18 monthly $ 4,550.00 $ 4,777.50 $ 5,016.38 $ 5,267.19 $ 5,530.55 $ 5,807.08 $ 6,097.44 annual $ 54,600.00 $ 57,330.00 $ 60,196.50 $ 63,206.33 $ 66,366.64 $ 69,684.97 $ 73,169.22 80040 Associate En ineer.... .... hourly e�mmm, $_31.28 $_32.84 w _$34.48 $36.21 $_38.02 e _$_39.92 ........................................ $41.91 monthl $5,421.29 $5,692.35 $5,976.97 $6,275.82 $6,589.61 $6,919.09 $7,265.05 annual $65,055.48 $68,308.25 $71,723.66 $75,309.85 $79,075.34 $83,029.11 $87,180.56 80058 Associate Planner www hour/ _$30.19 $31.70 _w$544.90 $33.29 $_34.95 $36.70 _$_38.53 w_$40.46 $5,233.24 $5 76. $6,058.13 $6,361.04 $6,679.09 $7,013.05 $62,798.91 $38.8669,5.80 9 23annual $72,697.59 $76,332.47 $80,149.09 $84,156.55 80073 Buildinq Inspector _ _ wwwwwwwwwww _ hourly $25.62 _$26.90 w $28.24 $29.65 $31.14 .....P w$32.69 $_34.3_3 monthly$4,440.26 $4,662.28 $4,895.39 $5,140.16 $5,397.17 $5,667.03 $5,950.38 annual $53,283.17 $55,947.33 $58,744.69 $61,681.93 $64,766.02 $68,004.32 $71,404.54 80062 Building/Enaineerin Permit Technicianhours $18.54 _$19.46 _$20.44 w_$21.46 $22.53 m $23.66 _$24.84 ...... monthly $3,213.00 $3,373.65 $3,542.33 $3,719.45 $3,905.42 $4,100.69 $4,305.73 annual $38,556.00 $40,483.80 $42,507.99 $44,633.39 $46,865.06 $49,208.31 $51,668.73 80033 Community Enhancement Officerp wwwww � hourly �....��� � � � $22.09 �pppppppp$23.19 ��$24.35 $25.57 � �pppppp$26.85 � $28.19 � $29.60 monthly $3,828.77 $4,020.21 $4,221.22 $4,432.28 $4,653.90 $4,886.59 $5,130.92 annual $45,945.29 $48,242.55 $50,654.68 $53,187.41 $55,846.78 $58,639.12 $61,571.08 Page 6 of 30 Adopted: September 16, 2020 80065 Commyn�ty ement Sp rvisq,r hourIV $28.95 $30.40 $31.92 $33.52 $35�. 19 $36.95 $38.80 mon h $5,018.68 $5,269.61 $5,533.09 $5,809.74 L:�$6,100.23 $6,405.24 $6,725.51 annual $60,224.10 $63,235.31 $66,397.08 $69,716.93 $73:,202.78 $76,862.91 $80,706.06 Page 7of3O Adopted: September 10.202O M. _ Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Clerk 42048 Construction91 hourly 17.09 17.95 18.85 19.79 20.78 21.82 22. ew�_e�wmm wmm monthly $2,963.03 _$3,111.e18 _$_3,266.74 $_3,430.08 _$3,601.58 � $3,781.666 w _$_3,970.74 annual $35,556.34 $37,334.1 $$39,200.87 $41,160.91 $43,218.96 $45,379.91 $47,648.90 80077 Engineerin Assistant hourly $24.95 $26.19 w $27.50 $28.88 $30.32 �mm $31.84 w w$33.43 mm�...... _ monthp�...... mm� $4,323.88 $4,540.08 $4,767.08 _$5,005.43 $5,255.71 $5,518.49$5,794.42 w annual $51,886.58 $54,480.91 $57,204.96 $60,065.21 $63,068.47 $66,221.89 $69,532.99 ------ -----� �------------------- 42045 FinanceClerk ------------------ $17.10 $17.96 w $18.85 $19.80 $20.79 www $21.83 $22.92 ....... .......................... monthly....... �.... $2,964 29 $3,112.51 $3,268.13 $3,431.54 $3,603_.12 $3,783.27 $3,972.4_4 annual $35,571.52 $37,350.10 $39,217.60 $41,178.48 $43,237.41 $45,399.28 $47,669.24 - 80026Housin Inspector ����������������� ������������� Phourl ���� ��������� ��� $22.09 $23.19 ��� $24.35 ����� $25.57 $26.85 $28.19 $29.60 w �mmw� www monthly,wwwwwww .. $3,828.77$4,020.21 $4,221.22 _$4,432.28 $4,653.90 _$_4,886.59 $5,130.92 annual $45,945.29 $48,242.55 $50,654.68 $53,187.41 $55,846.78 $58,639.12 $61,571.08 42050Housin� Specialist -----------��������� ����������������� hourl $17.09 ---------$17.95 �$18.85 $19.79 $20.78 $21.82 $22.91 $2,963.03 pp$3,111.18Pe ,$3,266.74 $3,430.08 ° $3,601.58 $3,7811.6_6 $3,970.74 annual $35,556.34 $37,334.16 $39,200.87 $41,160.91 $43,218.96 $45,379.91 $47,648.90 42049 Housing Technician hourl $15.54 $16.31 $17.13 $17.99 $18.89 $19.83 $20.82 $2,693.16 _$2,827.81 $2,969.21 $3,117.67 $3,273.55 $3,437.23 _ $3,609.09 annual $32,317.88 $33,933.78 $35,630.47 $37,411.99 $39,282.59 $41,246.72 $43,309.06 2.-ww-- ......P 402--0 Ima in Specialist ho urly- $17.10 $17.96 $18.85 $19.80 w $20.79 $21.83 $22.92 months $2,964.29,$3,112.51 $3,268.13 _ $3,431.554 $3,603.12"e $3,783.27 $3,972.44 annual $35,571.52 $37,350.10 $39,217.60 $41,178.48 $43,237.41 $45,399.28 $47,669.24 80070 Information Systems Supervisor hourl $37.92 � �$39.82 � $41.81 $43.90 � $46.10 mm $48.40 w�$50.82 w ------------ - _ _ _ _ _ppppppppppppp monthlyppppp $6,573.65 _$6,902.33 $7,24744 _$7,609.82 e $7,990.31pp $8,389.82 $8,809.31pp annual $78,883.74 $82,827.93 $86,969.32 $91,317.79 $95,883.68 $100,677.86 $105,711.76 80043 Information Systems Support Technician hourly $20.95 $22.00 $23.10 $24.25 $25.46 $26.74 $28.07 monthly $3,631.117 $3,812.7_3 $4,003.36 $4,203.53 $4,413.771 $4,634.39 $4,866.11 annual $43,574.03 $45,752.73 $48,040.37 $50,442.39 $52,964.51 $55,612.73 $58,393.37 Page 8 of 30 Adopted: September 16, 2020 M. _ Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80037 Mana ement Analyst� hour/ 27.05 28.41 29.83 31.32 32.88 34. 53 $36.25 �w mm monthly $4,689.22 $4,923.68 $5,169.86 _$5,428.35 $5,699.77 _$5,984.76 _$_6,284.00 annual $56,270.58 $59,084.11 $62,038.32 $65,140.24 $68,397.25 $71,817.11 $75,407.97 80069 ------ Management Assistant -------- hour/ �����$25.21 -----� $26.47 �w����� $27.80 ����� $29.19 mm��� $30.64 ------� $32.18 $33.79 mm �wwmm .................... w�ww�ww�_ w � ..... w month .......................... mm� $4,369.92 _$4,588.42p $4,817.84 mm _$_5,058.73 $_5,311.67 _$5,577.25 $5,856.12 annual $52,439.10 $55,061.05 $57,814.11 $60,704.81 $63,740.05 $66,927.05 $70,273.41 80052 ��......��_�_�_�_�_�_ Payroll Specialist hourly � $21.98 $23.08 $24.23 $25.44 $26.72 $28.05 $29.45 eww ------------e�_ _ � ppppppppppppppppppppppppp _monthly-- __ p $3,809.70p $4,000.19 w $_4,200.19 _$4,410.20 ° $_4,630p71 $4,862.25 $5,105.36 annual $45,716.40 $48,002.22 $50,402.33 $52,922.45 $55,568.57 $58,347.00 $61,264.35 80051 Pro ram Coordinator hourly $21.44 $22.51 $23.63 $24.82 $26.06 $27.36 $28.73 w - e �w���........� _monthly e _$3,715.71 ..... $3,90149 $4,096.57 $4,301.40 0 $4,516.47 e $4,742.29 _4,742.2 $4,97940 annual $44,588.48 $46,817.91 $49,158.80 $51,616.74 $54,197.58 $56,907.46^ $59,752.83 80031 Pro� ramSu�ervisor hour/ � $27.06 $28.42 $29.84 � ..............��$31.33 $32.90 p���wwww $34.54 $36.27 month� _ _$4,690.89 _$4,925 43 pp$5,171.70 _$5,430.29 $5,701.80 e $5,986.89 $6,286.24 annual $56,290.66 $59,105.19 $62,060.45 $65,163.47 $68,421.65 $71,842.73 $75,434.87 80081 Pro ram Suervisor Y -Rated A hourly $36.85 p_ eww w ............. months � ..... $6,387.17 � ... ---- -.---- --- --......_-_ annual $76,646.02 80019 Recreation & Communt O ierations Su ervisor hourly $34.40 $36.12 $37.93 $39.83 $41.82 $43.91 $46.10 w monthly $5,p963.40 $6,26157 $6,574.65 $6,90338 $7,248.55 $7,610.98 $7,991.53 annual $71,560.79 $75,138.83 $78,895.77 $82,840.56 $86,982.59 $91,331.72 $95,898.31 80035 Senior Finance Clerk hourly $20.93 $21.97 $23.07 $24.22 $25.44 $26.71 $28.04 monthly $3,627.17 $3,808.53 $3,998.96 _$_4,198.90 $4,408.85 $4,629.229 $4,860.76 annual $43,526.05 $45,702.35 $47,987.47 $50,386.85 $52,906.19 $55,551.50 $58,329.07 42052 Senior Housing Specialist hourly $21.67 $22.76 $23.90 $25.09 $26.34 $27.66 $29.04 �w e w � �_e�w�_e�www ... � ...................... month �.... $3,756..77 $3,944.61 $4,p141..84 _$4,348.93 $4,566.38 m� $4,794.70_ _ .........$5,034.43 annual $45,081.27 $47,335.33 $49,702.10 $52,187.20 $54,796.56 $57,536.39 $60,413.21 Page 9 of 30 Adopted: September 16, 2020 Page 10 of 30 Adopted: September 16, 2020 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 40061 __________ Equipment Mechanic _____________________________________________ __ hours.�..,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,-- _________---- ppp________ $21 85 $22.94 _______ $24.09 $_25.29 $26.55 _________$27 88 monthl $3,606.37 $3,786.69 $3,976.03 $4,174.83 $4,383.57 $4,602.75 $4,832.89 annual $43,276.48 $45,440.30 $47,712.32 $50,097.93 $52,602.83 $55,232.97 $57,994.62 40054 Maintenance Worker I hourly _$17.54 $18.41 $19.33 _$_20.30 _$21.31 $_22.38 $23.50 monthly $3,039.46 $3,191.43 $3,351.00 $3,518.55 $3,694.48 $3,879.20 $4,073.16 annual $36,473.49 $38,297.16 $40,212.02 $42,222.62 $44,333.75 $46,550.44 $48,877.96 40055 Maintenance Worker 11ov� www hourly $19.„29 _$20.25 _$_21.27 $22.3_3 $23.45 $24.62 $25.85 monthly $3,343.46 $3,510.63 $3,686.16 $3,870.47 $4,063.99 $4,267.19 $4,480.55 annual $40,121.50 $42,127.57 $44,233.95 $46,445.65 $48,767.93 $51,206.33 $53,766.64 80021 wwww Public WorksSupervisor� � ppp hour/ � � ppppppppppppppp ppppppppppppp$29.23 ppp$30.p70 $32.23 _$33.84 � $35 .54 _$37.31 $39.18 monthly $5,067.38 $5,320.75 $5,586.79 $5,866.13 $6,159.43 $6,467.40 $6,790.77 annual $60,808.56 $63,848.99 $67,041.44 $70,393.51 $73,913.19 $77,608.85 $81,489.29 40053 mm Senior Equipment Mechanic w hourly _$22.89 $24.03 _$_25.23 _$26.4_9_$27.P82 e _$29.21 $30.67 monthly $3,966.99 $4,165.34 $4,373.61 $4,592.29 $4,821.91 $5,063.00 $5,316.15 annual $47,603.93 $49,984.13 $52,483.33 $55,107.50 $57,862.87 $60,756.02 $63,793.82 40060. _ Senior Maintenance Worker .................................... hours .............. $_21...29 $22.36 _$23.47 $24.65 _$25.88 $27.11.7 $28.53 monthly $3,690.59 $3,875.12 $4,068.88 $4,272.32 $4,485.94 $4,710.24 $4,945.75 annual $44,287.14 $46,501.49 $48,826.57 $51,267.89 $53,831.29 $56,522.85 $59,349.00 40062 Street Sweeper Operator.....�...... wwww hour/�ppppppp��$19.77 w $20.76 $21.80 _$_22.89 $24.03 $2523 w $2650 monthly $3,427.02 $3,598.37 $3,778.29 $3,967.20 $4,165.56 $4,373.84 $4,592.53 annual $41,124.20 $43,180.41 $45,339.43 $47,606.40 $49,986.72 $52,486.05 $55,110.36 Page 11 of 30 Adopted: September 16, 2020 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 51047 ICivilian Dis atcher hourly $23.30 $24.46 $25.68 $.26.97 $28.32 w�p�w monthly $4,038.10 $4,240M.00 _$4,452.00 _$4,674.60 $4,908.33 annual $48,457.18 $50,880.04 $53,424.04 $56,095.24 $58,900.01 51064 Civilian Disloatcher Supervisor hour/ � $31.15 $32.71 $34.35 $36.06 $37.87 e month �........... _ omm� $5,399.96 _$5,669.96 $5,953.46 _$6,251.13 $6,563 .69 annual $64,799.54 $68,039.52 $71,441.49 $75,013.57 $78,764.24 51029 Communit Service Officer ������������������������ hour/ $23.86 $25.05 $26.30 $27.62 $29.00 e $4,135.31 $4,342.008 $4,559.18 $4,787.14 0 � $_5,026.50 annual $49,623.78 $52,104.96 $54,710.21 $57,445.72 $60,318.01 51041 Parkincj Enforcement Officer hourly $23.86 $25.05 $26.30 $27.62 $29.00 ww.. ww ��ww �ppp e months �pppp �www$4,135.31 _$4,342.08 $4,559.18m $4,78714 $5,026.50 annual $49,623.78 $52,104.96 $54,710.21 $57,445.72 $60,318.01 50076 .�wwwwwww�....n _.. Police Officer..�.................................��.........�...�..��....ro��..........��� hour/ �.................�......� .....�36.35 $38.17 ww�.....�...�_�$40.08 ..�......�..�.....�$42.08 44.19 montth . �..� . $6 30,6.0.1.. $6,300.96 � pp � , � $6,616.01 $661� _$6,946.81 94° 15 _$7,22 m� � p$7,658.85 annual $75,611.50 $79,392.07 $83,361.68 $87,529.76 $91,906.25 51039 Police Records Specialist I hourly $17.49 ���������$18.36 $19.28 $20.25$2126 e w monthly $3,03p1pp.p58 _$3,183.16 � $3,342.32 � $3,509.44 � $3,684.91 annual $36,378.99 $38,197.94 $40,107.84 $42,113.23 $44,218.89 51040 p Police Records Specialist II hourly $19.30 $20.27 w $21.28 $22.35 $23.46 ���w� monthly mm _$3,346.12 $3,513.43 $3,689.10 _ _ $3,873.55 $4,067.23 annual $40,153.44 $42,161.11 $44,269.17 $46,482.63 $48,806.76 52085 _..._. - Police Ser °ant ...............................................�.ro- hour/ � $45.54 $47.82 $50.21 $52.72m �$55.36 o.... month) $7,894.08 $8,288.78 $8,703.22 $9,138.38 $9,595.30 annual $94,728.91 $99,465.36 $104,438.62 $109,660.55 $115,143.58 ����� 51w062 ��� Police Technician hourly $24.67 $25.90 $27.20 $28.56 ��$29.98 monthly ........ wmm _$4,275.62 :�$4,489.40 $4,713.87 $4,949.56 $5,197.04 annual $51,307.393,872.76 $56,566.39 $59,394.71 $62,364.45 Page 12 of 30 Adopted: September 16, 2020 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 51071® ..............--- Public Safety Trainee hour�� .,.,.,.,.,.,.,.,.,.,.,-- .,.,.,.,.,.,-- $27.13 ...--------------------- --------------------- .,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,-- month! $4,701.98 annual $56,423.71 51065 Records Supervisor hourly $28.59 $30.02 _$31.52 $33.09 $34.775 monthly $4,954.87 $5,202.62 $5,462.75 $5,735.89 $6,022.68 annual $59,458.49 $62,431.42 $65,552.99 $68,830.64 $72,272.17 Page 13 of 30 Adopted: September 16, 2020 Job Number Title 30089 I Police Commander annual Step 1 $55.82 $9,675.93 $116,111.12 Page 14 of 30 Step 2 $58.61 10,15_9.72 $121,916.68 Step 3 $61.54 $10,667.71 $128,012.51 Step 4 $64.62 11,201.09 $134,413.14 Step 5 $67.85 $1_1,761.15 $141,133.79 Step 6 $71.25 $12,349.21 $148,190.48 Step 7 $74.81 $_12,966.6_7 $155,600.01 Adopted: September 16, 2020 Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Youth Employment Participant hourly $13.00 $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 PT2 Recreation Leader I hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 Nutrition Assistant hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 PT4 Recreation Leader 11 hourly $13.80 $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 ---------------------------------------------- Police Cadet hourly $14.07 $14.35 $14.64 $14.93 15.23 $15.54 $15.85 PT6 Recreation Leader III ------------------------------------------------------------------------------------------------------ hourly $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 PT7 Department Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 Computer Assistant hourly $14.64 $14.93 �$15.23 $15.54 $15.85 $16.16 $16.49 Maintenance Assistant hour�ly$14.64 $14.93 $15.23 $15.54 $15.85 16" 6.16 $16.49 PT8 Recreation Leader IV hourly $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 $16.82 PT9 Maintenance Assistant 11 hourly $15.23 $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 PT1 0 Recreation Leader V hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Assistant Boxing Coach hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 1$17.50 �Fe-etAssistant hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 1$17.50 Building Aide hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 PT1 2 Water Safety Instructor hourly $16.16 $16.49 $16.82 $17.15 $17.50 $17.85 $18.20 PT1 3 Fleet Assistant I I hourly $16.49 $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 Page 15of3O Adopted: September 10.202O Page 16 of 30 Adopted: September 16, 2020 c� - 1me mpp 6yees PT14 Swim Coach hourly $16.82 1$17.15 1$17.50 1$17.85 $18.20 1$18.57 1$18.94 Police Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Computer Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Program Specialist l hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Housing Specialist I ------------------------------ hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 PT15 hourly $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 PT16 Head Lifeguard hourly $17.50 $17.85 $18.20 $18.57 $18.94 1$19.32 $19.70 Planning Technician hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Community Enhancement Technician hourly $17.50 $17.85 $18.20 $18.57 1$18.94 $19.32 $19.70 ar Pkingnfo Ercement Officer hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 PT17 Program Specialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Housing Specialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Rehabilitation Housin Specialist p ecialist hour ly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 PT18 Head Boxing Coach hourly $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 PT19 Human Resources Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Finance Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Housing Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Aquatic Manager hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 PT20 Domestic Violence Advocate hourly $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 PT21 hourly $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 PT22 hourly $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 PT23 hourly $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 PT24 hourly $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 PT25 Sign Language Interpreter hourly $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 PT26 hourly $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 $24.02 Page 16 of 30 Adopted: September 16, 2020 PT27 hourly $21.75 $22.19 $22.63 $23.09 $23.55 $24.02 $24.50 PT28 hourly $22.19 $22.63 $23.09 $23.55 $24.02 $24.50 $24.99 PT29 Civilian Dispatcher hourly $22.63 $23.09 $23.55 $24.02 $24.50 1$24.99 $25.49 PT30 Reserve Police Officer hourly $23.09$23.55 $24.02 $24.50 $24.99 1$25.49 $26.00 CITY OF BALDWIN PARK Part -Time Employees Range Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 PT1 ,Cashier hourly $14.07 $14.35 $14.64 ----- Youth Employment Participant �_ hourly $14.07 $14.35 1$14.64 Page 17 of 30 Adopted: September 16, 2020 Page 18 of 30 Adopted: September 16, 2020 PT2 Recreation Leader I hourly $14.07 $14.35 $14.64 $14.93 Nutrition Assistant s hourly $14.07 $14.35 $14.64 $14.93 Office Clerk I hourly $14.07 $14.35 $14.64 $14.93 PT3 hourly $14.07 $14.35 $14.64 $14.93 $15.23 PT4 Recreation Leader II hourly $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 Office Clerk II hourly $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 PT5 Intern ...$.1..4..07....................................... hourly $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 Police Cadet hourly $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 PT6 Recreation Leader III hourly $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 PT7 Department Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 Computer Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 Maintenance Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 PT8 Recreation Leader IV hourly $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 $16.82 PT9 Maintenance Assistant II hourly $15.23 $15.54 $15.85 $16.16 $16.49 1$16.82 $17.15 PT10 Recreation Leader V hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Assistant Boxing Coach hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Fleet Assistant hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Building Aide hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 PT11 Lifeguard hourly $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 $17.85 PT12 Water Safety Instructor hourly $16.16 $16.49 $16.82 $17.15 $17.50 $17.85 $18.20 PT13 Fleet Assistant II hourly $16.49 $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 Page 18 of 30 Adopted: September 16, 2020 PT2O 1�qmestic Violence Advocate hourly $18.94 $19.32 $19.70 $20.10 0 50 20.91 $21.33 Police Specialist hourly $16.82 1$17.15 1$17.50 $17.85 $18.20 $18.57 1$18.94 Computer Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 I Program Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Housing Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 $22.63 PT1 6 Head Lifeguard hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Planning Technician hourly $17.50 $17.85 $18.20 $18.57 $19.32 $19.70 ommunity Enhancement Technician hourly $17.50 $17.85 1$18.20 $18.57 1$18.94 $19.32 $19.70 Parking Enforcement Officer hourly $17.50 $17.85 $18.20 $18.57 $18.94 _[�19'32 $19.70 PT1 7 Program Specialist 11 hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Housing Specialist 11 hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Rehabilitation Housing Specialist hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Hurnan Resources Generalist hourly $18.57 $18.94 1$19.32 $19.70 $20.10 $20.50 1$20.91 Finance Generalist hourly: 18.57 $18.94 $19.32 $19.70 $20.10 20.50 $20.91 !,Housing Generalist hourlf�y$18.557 $18.94 1$19.32 $19.70 =20.1 0 $20.50 1$20.91 PT2O 1�qmestic Violence Advocate hourly $18.94 $19.32 $19.70 $20.10 0 50 20.91 $21.33 P-T-25'--1'§ign Language Interpreter hourly $20.91 $21.33 $21.75 $22.19 $22.63 Page 19of3O Adopted: September 10.202O Page 2Oof3O Adopted: September 10.2020 PT29 PT30 Civilian Dispatcher Reserve Police Officer hou, . 22.63 hourly $23.09 $23.09 $23.55 $23.55 $24.02 $24.02 $24.50 $24.50 $24.99 $24.99 1$25.49 $25.49 $26.00 Page 2Oof3O Adopted: September 10.2020 10005 20001 20037 20092 20094 20096 20097 30089 30090 31010 31011 31012 31025 31031 31041 31050 31081 ...... 40053 40054 40055 40060 40061 40062 42020 42036 42037 42045 42048 42049 420_52 50076 51029 5103_9 51040 51041 51047 51062 51064 51065 51071 52085 60001 60002 60006 60008 70022 70027 70052 80019 80021m 80025 80026 80031 80033 m 80035 80037 80040 80043 80051 80058 80062 80065 80069 80070 80073 80077 80081 20096-A ITEM NO. 5 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez Director of Public Works "" DATE: September 16, 2020 " ro�, 10 SUBJECT: Adopt Resolution No. 2020-044, "A Resolution of the City Council of the City of Baldwin Park, California, Declaring to Become a Vision Zero Community and Adopting a Vision Zero Policy and Approving the Development of an Action Plan with the Clear Goal of Eliminating Traffic Fatalities and Severe Injuries on City Roads and Streets in the Next 10 Years SUMMARY This item will Adopt Resolution No. 2020-044 allowing the City to implement a "Vision Zero" policy and join the growing number of Cities in becoming a Vision Zero Community. Vision Zero is a strategy to eliminate all traffic fatalities and severe injuries, while increasing safe, healthy, and equitable mobility for all. The City can become a Vision Zero Community and join the Vision Zero Network by meeting certain criteria and committing to develop a Vision Zero Action Plan, a data -driven plan for achieving a goal of eliminating traffic fatalities and severe injuries. RECOMMENDATION It is Staff's recommendation that the City Council adopt Resolution No. 2020-044, "A Resolution of the City Council of the City of Baldwin Park, California, Declaring to Become a Vision Zero Community and Adopting a Vision Zero Policy and Approving the Development of an Action Plan with the Clear Goal of Eliminating Traffic Fatalities and Severe Injuries on City Roads and Streets in the Next 10 Years. FISCAL IMPACT There is no fiscal impact at this time. The total estimated cost to develop the Vision Zero Action Plan is $75,000. Should the City Council approve this item, staff will seek various funding options including grant opportunities, local return allocations and other sources and bring the item back to City Council for approval consideration. BACKGROUND The City of Baldwin Park solidified its commitment to safe, equitable and healthy streets 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, the adoption of a resolution establishing a Green Streets Policy in December 2013 and the City's First Mile/Last Mile initiative in 2018. These programs 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. Joining the "Vision Zero" movement will further solidify the City's commitment to planning, designing and constructing infrastructure meant to enhance safety and equitable mobility for all users of the City's roadway network. Vision Zero is a strategy to eliminate all traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility for all. It is a movement that began in Europe and spread to American Cities, rooted in the philosophy that no loss of life, due to road crashes, is acceptable or inevitable and therefore sets the goal of reducing fatalities and severe injuries to zero. Nearby cities and transportation entities such as the City of EI Monte, City of Los Angeles, County of Los Angeles, LA County Metropolitan Transportation Authority (MTA) and the League of California Cities have all adopted a Vision Zero Policy. Vision Zero is a multidisciplinary approach, bringing together diverse and necessary stakeholders to address this complex problem while acknowledging that many factors contribute to safe mobility. Roadway design, speeds, behaviors, technology, and enforcement policies all contribute to safe mobility. The City already actively implements safety projects, programs and efforts consistent with Vision Zero through grant -funded undertakings such as the Active Transportation Program (ATP), Safe Routes to School (SRTS), Systematic Safety Analysis Report Program (SSARP) and the First Mile/Last Mile (FLM) initiative. Additionally, planning efforts such as the Transit Oriented Downtown General Plan Update have revealed there is a strong desire of our residents for a safer transportation system. A resolution adopting a Vision Zero Policy will further prioritize safety and establish a clear goal of eliminating traffic fatalities and severe injuries. DISCUSSION A core principle of Vision Zero is that traffic deaths are preventable and unacceptable. According to City of Baldwin Park Police Department traffic collision data there were 10 incidents involving traffic related fatalities between 2016 and 2020. Of the incidents, four (4) involved pedestrians and three (3) involved bicyclist. Other incidents involved speeding and DUls. These statistics are striking and demonstrate the need to prioritize the efforts to implement measures that eliminate these types of incidents. Pledging to support the Vision Zero movement by adopting a Policy and committing to develop an Action Plan will solidify the City's commitment to this issue. In order to be eligible to join the Vision Zero Network and become a Vision Zero Community the City must meet the following criteria: • Set a clear goal of eliminating traffic fatalities and severe injuries. • Publicly, officially commit to Vision Zero. • Have a Vision Zero plan or strategy in place or be committed to doing so in clear time frame. • Engagement of key departments including Police, Public Works and others. Upon City Council approval of Resolution No. 2020-044, the first three criteria will be satisfied. Subsequent to approval staff will commence working on satisfying the fourth criteria through the development of the Vision Zero Action Plan. Public Works and Police staff will work together with close coordination with the County Health Department in developing and implementing the Vision Zero Action Plan. The Action Plan will clearly layout steps, timelines, and priorities for the next 10 years providing a comprehensive document that will serve as the blueprint for planning, designing, constructing and enforcing policies for safer streets and roadways. The plan will use a systems -based approach using data from various sources including the Statewide Integrated Traffic Records System (SWITRS) and others to identify problematic areas, priorities and actionable strategies with the clear goal of eliminating severe injury and fatal crashes with criteria requiring re-evaluation and updates every five years. A Local Roadway Safety Plan or functional equivalent such as a Vision Zero Action Plan, will soon be required to be eligible for federal Highway Safety Improvement Program (HSIP) grants. The HSIP grant program is a critical funding source for safety improvement projects. Current City projects funded by HSIP include the Pacific Avenue and Bogart Avenue Traffic Signal Improvements that include rail crossing improvements to help the City achieve a Quiet Zone. If the City does not develop a Vision Zero Action Plan, it may be in a position to be less competitive and risk receiving federal grant funding. ALTERNATIVES 1. The City Council may choose not to adopt Resolution No. 2020-044. 2. Provide Staff with alternate direction. ENVIRONMENTAL REVIEW The City of Baldwin Park was determined that the action being considered by the City Council is not a project as defined by the California Environmental Quality Act (CEQA) and therefore it is exempt under Section 15378(b)(5) of CEQA Guidelines. The action considered involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. Any subsequent projects resulting from this action will be reviewed for CEQA applicability. LEGAL REVIEW None Required ATTACHMENTS 1. Resolution No. 2020-044 RESOLUTION NO. 2020-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING TO BECOME A VISION ZERO COMMUNITY AND ADOPTING A VISION ZERO POLICY AND APPROVING THE DEVELOPMENT OF AN ACTION PLAN WITH THE CLEAR GOAL OF ELIMINATING TRAFFIC FATALITIES AND SEVERE INJURIES ON CITY ROADS AND STREETS WITHIN THE NEXT 10 YEARS WHEREAS, "Vision Zero" is a strategy to eliminate all traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility for all; and, WHEREAS, the City of Baldwin Park can become a Vision Zero Community and join the Vision Zero Network by meeting the following criteria: 1) A clear goal of eliminating traffic fatalities and severe injuries has been set; 2) Publicly, officially commit to Vision Zero. 3) A Vision Zero action plan or strategy is in place or is committed to developing one in a clear time frame. 4) Key City Departments including Police and Public Works are engaged; and, WHEREAS, the California Office of Traffic Safety Report (2017) states 3,904 victims killed and injured due to motor vehicle collisions; and, WHEREAS, a high percentage of traffic injuries and fatalities involve pedestrians, bicyclists, and other vulnerable users; and, WHEREAS, the City has adopted numerous studies and plans that outline design concepts to improve safety for people walking and biking on the City's most dangerous corridors including a Bicycle Master Plan, Complete Streets Policy, Manual for Living Streets Design, Green Streets Policy and First Mile/Last Mile initiatives; and, WHEREAS, a core principal of Vision Zero is that traffic deaths are preventable and unacceptable; and WHEREAS, Vision Zero provides a framework for reducing traffic deaths to zero through a combination of safe engineering measures, education, and enforcement practices; and, WHEREAS, Vision Zero has been adopted and implemented in many cities throughout the country, and has successfully reduced traffic fatalities and severe injuries occurring on roads, streets and highways, NOW THEREFORE, IT IS NEARBY RESOLVED by the City Council of the City of Baldwin Park as follows: SECTION 1. The City Council of the City of Baldwin Park commits to supporting the Vision Zero movement and becoming a Vision Zero Community. SECTION 2. Adopt a Vision Zero Policy and approve the development of a Vision Zero action plan with a clear goal of eliminating traffic fatalities and severe injuries on City roads and streets by 2030. SECTION 3. Prioritize traffic safety within infrastructure projects and implement strategies and engineering design measures that complement the Vision Zero approach to traffic safety. SECTION 3. Engage key City departments, stakeholders, policymakers and the community members to build leadership, collaboration and accountability. PASSED, APPROVED, AND ADOPTED this 16th day September 2020. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2020-044 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on September 16, 2020 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: LOURDES MORALES CHIEF DEPUTY CITY CLERK d Std 6BIEL �i�kLLEY _� n TO: FROM: B7_r N 4 ITEM NO. 6 Honorable Mayor and Members of the City Council Sam Gutierrez, Director of Public Works September 16, 2020 SUBJECT: Authorization to Publish a Request for Proposals (RFP) for Professional Landscape Maintenance Services for Routine Maintenance of Center Medians Along Various Major City Corridors SUMMARY This item will authorize the publishing of a Request for Proposals (RFP) for Professional Landscape Maintenance Services. The services will primarily focus on routine landscape maintenance of various center medians along Badillo Street, Baldwin Park Boulevard, Puente Avenue and Ramona Boulevard. RECOMMENDATION It is Staff's recommendation that the City Council to authorize Staff to publish a Request of Proposal for Professional Landscape Maintenance Services. FISCAL IMPACT There is no impact the General Fund. Subsequent to the RFP process, Staff will prepare a staff report and provide findings and recommendations and present it to the City Council for consideration and approval. The report will include a fiscal impact analysis and make recommendations for award of a Professional Landscape Maintenance Services contract. The funding for the services will be from Fund 251, Lighting and Landscape Maintenance District (LLMD). BACKGROUND The City of Baldwin Park's Maintenance Division within the Department of Public Works is responsible for the maintenance and operations of the City's infrastructure. The Maintenance Division is comprised of Fleet, Street/Landscape, Graffiti, Traffic/Lighting and Park maintenance and operations crews. In terms of landscape maintenance, the street landscape and park maintenance crews currently maintain five (5) parks with approximately seven (7) developed acres and approximately 3.2 miles of landscaped center medians along major corridors throughout the City. These areas include maintenance of various smart irrigation systems that support the landscape features. In addition to this, the street landscape crew also maintains landscape and irrigation of parkway areas within the City's downtown along Ramona Blvd. and Maine Ave. DISCUSSION Over the past five years, new roadway and landscape improvements projects have been constructed. These projects constructed new landscaped infrastructure that will require ongoing maintenance: In 2016 the City's Center Median Improvements Project removed all the existing turf and irrigation systems and installed all-new drought -tolerant landscapes and sophisticated smart irrigation systems along Badillo Street, Baldwin Park Boulevard, Amar Road and Ramona Boulevard. While the project implemented measures to reduce the amount of water use considerably, it increased the maintenance and operations requirements significantly. • In 2018 the City completed the Maine Avenue Complete Streets Project Phase 1A between Los Angeles Street and Olive Street which installed many landscape features in newly constructed bulb -outs and widened sidewalks. The project is now complete and has been turned over to maintenance operations. Also, in 2018, the City completed the Tree Planting Project with the installation of over 200 trees along Maine Avenue between Pacific Avenue and Francisquito Avenue. • In February 2020, the City commenced construction of the Maine Avenue Complete Streets Project Phase 1B, between Olive Street and Arrow Highway. Similar to Phase 1A, this project installed many landscape features in newly constructed bulb -outs and widened sidewalks. This project has also been completed and has been turned over to maintenance operations. • In May 2020, The City commenced construction of Maine and Pacific Avenues Complete Streets Project, Phase 2, between Los Angeles Street and the South City limit. When completed, the project will have installed parkway landscaped features such as rain gardens, landscaped bulb - outs and widened sidewalks. • More recently, on September 2, 2020, a new Freeway Maintenance agreement between the City of Baldwin Park and Caltrans was approved by City Council. The agreement calls for the maintenance of any landscape and other types of roadside development lying outside of the fenced right-of-way area reserved for exclusive freeway use including the landscaped slopes along the Puente Avenue underpass. • The City's Downtown Beautification Project is scheduled to commence construction in October 2020. The project will include landscape and streetscape elements and new infrastructure including, but not limited to, drought tolerant landscape within the parkway, construction entry monument signs in various center medians and installation of wayfinding signs at various locations. • Projects currently in development include the San Gabriel Commuter Bikeway, Walnut Creek Bikeway Greening and the Big Dalton Wash Trail project and all include installation of new landscaping and irrigation infrastructure. Current staff levels are finding it difficult to balance these recently added maintenance duties with the existing and daily routine work. The street landscape crew, in addition to performing routine street landscape maintenance, is also responsible for bulky item pickups and general street maintenance and repairs. With all of the new and soon to be constructed infrastructure, there is expected to be a significant increase in the demand for landscape and irrigation maintenance above -and -beyond current levels. To address this expected increase, Staff has determined that it is necessary to seek professional services to offset routine landscape maintenance of key center medians along various corridors. These services will help to offset the load allowing the crew to focus on other duties such as bulky item pickups. With the City Council's authorization, staff will publish a Request for Proposals (RFP) for Professional Landscape Maintenance Services. The RFP will seek proposals from qualified firms that provide landscape services maintenance services within the public right-of-way. Maintenance responsibilities will be focused on various center median islands along the Badillo St., Baldwin Park Blvd., Puente Ave., and Ramona Blvd. corridors. Subsequent to the RFP process, Staff will prepare a staff report with findings and recommendations and present it to the City Council for approval consideration. The report will include a fiscal impact analysis and make recommendations for award of a professional landscape maintenance services contract. The funding for the services will be from Fund 251, Lighting and Landscape Maintenance District (LLMD). ALTERNATIVES 1. The City Council may choose not to authorize the publishing of a Request of Proposal for Professional of Landscape Maintenance Services. 2. Provide Staff with alternate direction. LEGAL REVIEW None Required ATTACHMENTS 1. Landscape Maintenance Request for Proposals (RFP) .. , �-OtTTii MiYrl T«Za 111 City of Baldwin Park, Public Works Department 14403 E. Pacific Avenue, CA 91706 'A=1L11:11:7_10Ir<I&INTi►_r0[IL1 The City of Baldwin Park is soliciting proposals from qualified firms to provide regular landscape services for the maintenance of Landscape Maintenance within the public right-of-way. Maintenance responsibilities will include maintenance of medians, parkways, slopes and trails. The City of Baldwin Park contains public properties, right of The purpose of this maintenance contract is to provide the City of Baldwin Park with the best possible landscape care to maintain the City at a level expected by the City's residents, City Council, City staff, and visitors of the community. The selected contractor will work closely with the Public Works staff to ensure the most appropriate care and maintenance of the City's landscape. It is the intent of the City to award a contract, in a form approved by the City Attorney, to the selected firm (see Exhibit "C"). The City reserves the right to further negotiate the terms and conditions of the contract. The City shall retain the right to reject any proposal for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. This contract will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This contract may not be awarded to the company submitting the proposal with the lowest costs. The City Council will approve as part of the annual budget an annual contract amount.' The City does not guarantee a specific amount of work and the quantity of work may increase or decrease dependinq on the annual needs of the Citv. The proposed contract will be for a period of Schedule All proposals must be submitted in a sealed envelope, addressed to the City Clerk office by the deadline: Thursday, October xx, 2020 at 3:00 pm. Each sealed envelope containing an original Proposal and three (3) copies and a softcopy in a PDF for format must be plainly marked on the outside as "Do Not Open- Fee Proposal For Landscape 2 Maintenance Services Within the City of Baldwin Park" with Contractor's name, address, and his/her license number. Proposals may be mailed, delivered in person and address as follows: City of Baldwin Park c/o City Clerk Division 14403 E. Pacific Avenue Baldwin Park, California 91706 I11. INQUIRIES or QUESTIONS Contractors must seek clarification of any ambiguity, conflict, omission or other error in this RFP in writing prior to submission of their proposal. If an answer materially affects the RFP, the information will be incorporated into an addendum and distributed to all contractors. It shall be the contractor's sole responsibility to check with the City staff at to determine if any addenda have been posted prior to the proposal due date. RFP Contact: Anthony Vazquez, Public Works Supervisor Email: AVazquez@baldwinpark.com Address: 14403 E. Pacific Avenue, Baldwin Park, CA 91706 IV. SELECTION PROCESS Each proposal will be evaluated based on firm qualifications and the required submittals. Firm selection will be made by utilizing the criteria described in this document. Each firm will be evaluated on their qualification submissions. All firms will be notified as to the results of this evaluation. The evaluation criteria used in the selection process includes, but is not limited to, the following: A. Quality & Completeness of Proposal 1. Relevance & Conciseness of Proposal and Statement of Qualifications 2. Work Statement and Quality Control Plan B. Corporate Capability 1. Qualifications and experience of key personnel 2. Quantity and types of equipment 3. The ability of the firm to provide the proper insurance coverage 4. Financial ability of the firm to provide services to the City of Baldwin Park 5. Internal training program for employees. 6. Equipment 7. Recycling Reporting 8. Requirement to execute City Contract per attached sample C. Reference Evaluation Kj 1. Customer Service Record 2. Performance record of the firm relating to the Project Schedule of similar scale 3. Quantity and Quality of work previously performed 4. References D. Facility Evaluation 1. The firm's customer service program 2. Equipment maintenance facility 3. The firm's plan to recycle generated greenwaste from maintenance activities. G. Fee Schedule 1. An evaluation of the firm's Fee Schedule V. REQUIRED QUALIFICATIONS TO BE SUBMITTED WITH PROPOSAL Award will be made to the firm who best meets the City's requirements. All firms submitting proposals must hold a valid State of California C-27 Contractor's License. Licenses must be in good standing for the previous five (5) consecutive years without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs. The firm shall be held liable for the faithful observance of any lawful instructions of the City, not in conflict with the contract, which may be delivered to said party or his representatives on the work. Proposals shall include a list of at least three (3) similar and separate Southern California municipal multi-year landscape maintenance contracts which have been successfully completed within the last five (5) years. Each project shall be of comparable size and scope of this project (descriptions of these projects and contact persons must be provided with proposal submission). Proposals shall include a Quality Control Plan with an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. The successful contractor shall be required to comply with this quality control throughout the term of the contract. Contractors shall include with the proposal a copy of their current Safety Manual that meets SB 198 requirements for injury and illness prevention. VI. SUBMITTALS Firms wishing to have their proposals considered for this contract shall submit the following, as a minimum: 1. Proposal form provided. See pages 7. 2. A statement of firm's qualifications applicable to this contract, including the following: M 1. State of California Contractor's License number and expiration date, C-27. 2. Names, qualifications and proposed duties of key personnel to be assigned to this project. The firm shall identify a full-time Site Superintendent, who is capable of communicating with any City representative and be authorized to act on behalf of the firm. 3. List of staff qualifications including but not limited to: a. California State Licensed Pest Control Advisor employed by the firm. b. California State Licensed Pest Control Applicator employed by the firm. C. Irrigation Technicians. 4. Technical ability and experience similar in scope to this contract. 5. Statement of past project disqualification(s) and litigation. 6. Quality Control Plan. 7. Customer Service Program. 8. Safety Training Program. 9. Industrial Safety Record. 10. Letters of Reference. 3. A description of previous experience, including projects of similar nature. D. A detailed description of the proposed services to be performed along with schedules, list of key personnel, and vehicles that would be required to complete this project. E. Affirmative statement of compliance with indemnity and insurance. F. Affirmative statement of willingness to sign City Contract (See Exhibit "C"). G. A written description of the firm's plan to report recycling generated and the method for its disposal. H. The firm must submit a proposed Quality and Cost Control Plan to enhance the service and responsiveness to the City. It should include the following: 1. The methodology in which the firm will handle complaints from the public and damage to public & private property 2. Effective means to correct problems. 3. The means the firm will use for completing the project I. Corporate and Financial Capability. The contractor shall be required to demonstrate to the satisfaction of the City that they have adequate financial resources to perform the services required by these specifications. No contract will be awarded to any contractor who, as determined by the City, has an unsatisfactory performance record or inadequate experience, or who at any time lacks the necessary financial resources to provide the services in strict accordance with the specifications. VII. INSPECTION OF SITE 101 Prior to submitting a proposal, Contractors must familiarize themselves with the work contemplated in the contract, and be responsible for any condition which adequate field inspection would have revealed. Submission of a proposal shall be deemed conclusive evidence that such examination has been made by each Contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed Agreement, or any revision thereof. The work to be done consists of furnishing all materials, equipment, transportation, tools, labor, and incidentals to provide Landscape Maintenance Services detailed in this contract as outlined throughout this proposal. VIII. SCOPE OF WORK A. GENERAL Furnish all labor, equipment, materials and supervision to perform landscape maintenance as described herein including, but not limited to the control of following: 1. Weeding and cultivating 2. Trimming and pruning 3. Hedging (where specified) 4. Irrigation system maintenance, repairs, and replacement 5. Pest control 6. Clean-up, sweeping, vacuuming, wash down 7. Trash pickup and empty trash cans where needed 8. Spraying 9. Uniforms B. WORKMANSHIP Work shall be performed by competent workers supervised by a supervisor who has experience and technical training in landscape maintenance work. The contractor shall meet with the City representative once a week to review the landscaping and discuss maintenance operations. A the weekly meeting, Contractor will provide the City Representative with all completed City work orders, a " Work Location Schedule Checklist" for other work completed during that week. This checklist will indicate locations of service and date that service was completed. 2. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully C:7 qualified and shall be authorized and permitted under applicable State and Local law to perform such tasks and services. C. WORKING HOURS Normal working hours shall be an eight-hour day Monday through Friday between hours of 7:00 am and 5:00 pm 2. Care shall be made as to not make excessive noise adjacent to residences before 8:00 a.m. 3. Irrigation of general areas is controlled by automatic time clocks and shall be watered between 9:00 p.m. and 6:00 a.m. when requested. Manual irrigation shall be performed during normal working hours. D. RESPONSIBILITY, COORDINATION, MEETINGS At Award of Bid, the Contractor shall complete a Maintenance Schedule Calendar covering the first twelve-month period of this contract. This calendar will outline a time line schedule for all maintenance activities including, weed abatement, any scheduled herbicide applications, pruning and all other required activities listed. The Maintenance Schedule Calendar shall be reviewed on a monthly basis to ensure maintenance activities adhere to the contract agreement. This Maintenance Schedule Calendar shall be renewed at the end of each twelve-month period of this contract. 2. Contractor shall complete an Irrigation Maintenance Log located at each controller which records daily maintenance activates that adhere to the schedule developed. The maintenance log shall be discussed with the City representative, at scheduled walk-through/ inspections. 3. Contractor shall secure and maintain all required permits and licenses, and pay all fees necessary to legally complete the work of this project. Contractor shall meet with the City representative once weekly to review the landscaping, discuss maintenance operations, determine progress, and identify areas needing attention. Contractor shall attend additional meetings if deemed necessary by City Representative. iANTRI1: I all MII Zi] aZ914aI1•I: I�k�� All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of the Landscape Services Agreement shall be the property of City and shall be delivered to City upon request of the City Representative or upon termination of the Agreement, and Contractor shall have no claim for further employment or additional compensation as a result 7 of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for their own use. F. EXTRA WORK I. City has the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. 1961 LANDSCAPE MAINTENANCE SERVICES The undersigned as proposer declares that he has carefully examined each location of the proposed work, that he has examined the Specifications and read the accompanying instructions to proposers, and hereby proposes and agrees, if the proposal is accepted, to furnish all labor and equipment and do all work required by Specifications and Agreement. Name of Company: Address: Phone/fax: Contact Person: Years in business: The undersigned proposer further understands that the City of Baldwin Park, California reserves the right to award all or any part of this bid without any obligation to the City. The City also reserves the right to waive any informality in proposals. Name of Contractor M_ Print Signature of Contractor Date: Contract pricing for years one (1) through three (3) must be firm fixed pricing. Pricing for subsequent contract renewals will be limited to the Consumer Price Index (CPI) for any such proposed price adjustment and shall not exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angeles -Riverside -Orange County, California, All Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (March -March comparison). The Contractor shall submit its request in writing, to be received by the City in person or via certified mail a minimum of 60 days prior to the proposed adjustment date. �01 Location Quantities Cost 1 Ramona Blvd. @ 605 Fwy. center median 6,500 sq. ft. $ 2 12670 Ramona Blvd. - Ramona Blvd. @ Syracuse center median 5,500 sq. ft. $ 3 12710 - 12760 Ramona Blvd. center median 12,000 sq. ft. $ 4 12801-13001 Ramona Blvd. center median 8,500 sq ft. $ 5 13101- 13139 Ramona Blvd. center median 2,100 sq. ft. $ 6 Across from 13177 Ramona Blvd. center median 15,000 sq. ft. $ 7 13201- 13310 Ramona Blvd. center median 3,500 sq. ft. $ 8 13348 Ramona Blvd. center median 7,250 sq. ft. $ 9 13414 - 13442 Ramona Blvd center medians 7,500 sq. ft. $ 10 13502 - 13550 Ramona Blvd center medians 8,000 sq. ft. $ 11 13604 13664 Ramona Blvd center medians 5,750 sq, ft. $ 12 13700 - 13734 Ramona Blvd. center medians 8,000 sq. ft. $ 13 13800 - 13882 Ramona Blvd. center medians 7,000 sq. ft. $ 14 13900 - 13952 Ramona Blvd. center medians 6,000 sq. ft. $ 1s 14008 - 14056 Ramona Blvd. center medians 3,500 sq. ft. $ 16 14102 - 14130 Ramona Blvd. center medians 3,250 sq. ft. $ 17 14200 - 14300 Ramona Blvd. center medians 5,750 sq ft. $ 18 14318 - 14362 Ramona Blvd center medians 5,750 sq ft. $ 19 14404 - 14436 Ramona Blvd center medians 3,000 sq ft. $ 20 14514 - 14540 Ramona Blvd center medians 2,850 sq ft. $ 21 14600 - 14608 Ramona Blvd center medians 2,000 sq ft. $ 22 14700 - 14720 Ramona Blvd center medians 2,400 sq ft. $ 23 14732 - 14752 Badillo Ave. center medians 2,500 sq ft. $ 24 14810 - 14834 Badillo Ave. center medians 2,700 sq ft. $ 25 14900 - 15010 Badillo Ave. center medians 7,250 sq ft. $ 26 15101- 15190 Badillo Ave center medians 3,800 sq ft. $ 27 15225 - 15297 Badillo Ave. center medians 2,300 sq ft. $ 28 15301- 15389 Badillo Ave center medians 3,300 sq ft. $ 29 14747 Ramona Blvd - LA County Yard center medians 500 sq ft. $ 30 Across from 2221 San bernardino Rd. center medians 700 sq ft. $ 31 Across from 2105 San bernardino rd. center medians 620 sq ft. $ 32 Across from 2009 San Bernardino Rd. center medians 1,600 sq ft. $ Sub -Total (Ramona Blvd-Badillo Street) 156,370 sq ft. $ Location Quantities Cost 1 4100 Baldwin Park Blvd. center median 3,450 sq ft. $ 2 Baldwin Park Median @ Ramona Blvd. (lust South) center median 3,200 sq ft. $ 3 3966 - 3908 B.P. Blvd. center median 11,000 sq. ft. $ 4 3884 - 3826 B.P.Blvd. center median 9,300 sq ft. $ 5 3820 - 3750 B.P. Blvd center median 9,500 sq. ft. $ 6 3732 B.P.Blvd - B.P. Blvd. @ Merced Ave. (north of) center median 3,100 sq. ft. $ 7 3111- 3133 B.P. Blvd. center median 5,250 Sq ft. $ 8 3151 B.P.Blvd center median 4,200 sq ft. $ 9 3205 B.P. Blvd center median 4,500 sq ft. $ 10 3223 - 3259 B.P. Blvd. center median 6,400 sq ft. $ 11 3309 - 3357 B.P. Blvd center median 7,500 sq ft. $ 12 3425 - 3459 B.P. Blvd center median 4,800 sq ft. $ 13 3505 - 3543 B.P. Blvd. center median 360 sq ft. $ 14 3563 - 3595 B.P. Blvd. center median 2,100 sq ft. $ 15 3613 BY Blvd. - B.P. Blvd. @ Merced Ave. center median 4,200 sq ft. $ Sub -Total (BP Blvd) 78,860 sq ft. $ Location Quantities Cost 1 Sterling Way/ S. of 14200 Ramona Blvd. right of way planters 2,700 sq ft. $ 2 4008 Sterling Way right of way planters 850 sq ft. $ 3 3974 - 3966 Baldwin Park Blvd. right of way planters 2,500 sq ft. $ Sub -Total (Sterling Blvd) 6,050 sq ft. $ Location Quantities Cost 1 SW Quadrant - Harley Davidson Side sloped planter 12,100 sq ft. $ 2 SE Quadrant - empty Lot sloped planter 15,500 sq. ft. $ 3 NW Quadrant - Walmart side sloped planter 14,200 sq. ft. $ 4 NE Quadrant - Motel 6 side sloped planter 10,770 sq. ft. $ Sub -Total (Puente Ave) 52,570 sq ft. $ Total Costs in #'s Total Costs in words: d Std GBIEL �i�kLLEY _� n SUMMARY TO: FROM: B7_r N 4 ITEM NO. 7 Honorable Mayor and Members of the City Council Robert Lopez, Interim Chief of Police September 16, 2020 SUBJECT: Re -Appropriation of Funds from Public Safety Improvement Account and Authorize Purchase of Police Vehicle This report requests City Council approval for the purchase and installation of patrol vehicle computers. The total estimated cost is $154,889.88. There is $40,000 under CIP20-170 approved for this purchase. We request approval for an additional appropriation in the amount of $41,950.73 from Fund 209 AB74 Public Safety Enhancement Fund and $72,939.15 from Fund 205 Federal Asset Forfeiture Fund to cover the remaining cost. RECOMMENDATION Staff recommends City Council approval to: 1. Authorize the Director of Finance appropriate up to $41,950.73 from AB74 Public Safety Enhancement Fund and account #209-30-340-58110-13021 and up to $72,939.15 from Federal Asset Forfeiture Fund and account #205-30-340-58110-13021 to cover the remaining estimated cost of $114,889.88. 2. Authorize the Police Department to purchase the requested up to patrol vehicle computers; and 3. Authorize the Chief of Police, or his designee, to complete all appropriate documentation necessary to complete the purchase. FISCAL IMPACT There will be no fiscal impact to the general fund. This purchase is eligible for the Police Department to utilize funds from the AB74 Public Safety Enhancement Fund and Federal Asset Forfeiture Fund for the total cost of $154,889.88, which includes the installation of the computers into the police vehicles. BACKGROUND We currently have 29 Panasonic Toughbooks computers that were purchased in 2012. Of those 29 computers, 16 are operational and 13 do not work. Based on the computers being outdated, parts for them are no longer available and we are unable to fix the 13 computer that do not work. However, the 13 inoperable computers are used for salvaging parts to keep other computers working. ALTERNATIVES The alternative would be to delay the purchase, however, as more computers become inoperable which are mission critical for our police officers, we will need to purchase patrol vehicle computers in the near future. Furthermore, it is uncertain to predict if grants for the purchase of this equipment will be available, let alone awarded to the Baldwin Park Police Department, in the future. LEGAL REVIEW Not Applicable ATTAC H M E NTS 1. Purchase Price quotes from CDCE, Inc., Rugged Depot., and L.A. Mobile Computing. CDCE Inc. 22641 Old Caml Road ora Linda, CA 92887 City of Baldwin Park Police Department Attn.Yvonne- finance Dept *2 14403 E, Pacific Ave, Baldwin Park, CA 91706 Contact; Frank Deal 'T'elephone: 626-705-5486 Email: 08/07120 A Sales Quote Wn",�1'^r`.' 6�:1�k`4"".JCE . INCORPORATED Sales to. 114336.-A CuStonVl' ;. OBALDPRK SWP TO City of"Baldwin Park Police Departrnent 14403 E Pacific Ave. Baldwin Park, CA 91706 Contact. Frank Real Telephone, 626-705-5486 Enail: sm 9 25 33-LTJ-32VN Public Sector Specific, Intel Core i5-730OU 2.60CH7, 3,595,{18 89,875,00 vPtnl2,W'QHD Gloved Mold Toticli+DigitinrgGB256CGBSSDIntel Wiri atb/gln1acTl Iv1' 2,0BluetoodiDuualPass (Upper, WAN/Lo%ver:dGPS)4GLfEl iltiCarrier(EMi51I)dGPSHello WeileattMPCanfiintactlessSrautCbrd2DBarLasser(K6[103)TouglibookPte Cl✓ DEP3Y'_ Touglilook&TouglipadPraxierpoplo t-luclude,LTDgiiig,QistonurPoitaI Access,Nltilocation Shipping Anti Disk TtrugeManagerrentAtThePalasonicNational rviceC'enter(Years1;2,3)FZ, SW256SSD3Y-2566BSSD-TougbpadNoRetumOfDekliveDrivWem1,2,3)FJ5W'TP Yp.- Protection Plus warranty -Tablet PC(Yeats l„2,3)CF-S"IOSI -NSCCitstornB10SPostWe Buitlemuff DPRM12B-AbsoluteResihence-12ivktntl3Tent-PanusonicPSBundleSled ClrstorrerOuly Wrni(1Pr€l 10 25 FEE,100001 Recycle Fee for Monitors V'-1 ”' 4.00 100.00 11 25 WR -105014 PANASONIC: 4th and 5th years Public Safety Service 495.00 12,375.00 Bundle Add on (1'car 4 & 3 only). Must bepurebased in coritaiction tvitb PSbundlebase unit. Includes Precries, Protection Plus, Ckistoner Portal, Disk Cnuge Nhiagenrut. 12 2 NIA -210048 Prerrlium.Keyboard for CF -33, Boissive Red Backlit 575:00 1,150.00 (4 levels).13andlelkickstand - display can beopeled to any angle.[ onpatiblesvith Tablet, 331-aptop Vehicle Dock, and 33 Desktop Dock.rAbem , SDYC(ftll size),I-DM, vGA,(TSl32.0,USI33.0(2),Serial (USB) 13 25 PR 220118 TdrnLine CF -33 Tablet (Lite port rep, Dual RF) 765.00 19,125.00 No video outputs 14 25 PS -202013 Lind 120 Watt P-31,33;51 IAC Cid Adapter 110.00 2,750.00 15 25 ANT -141061 1411.IL'1l1'w'IAXFV2-in-1 Sharklin Body Mount Black 19 TI Q0, 145.00 3,625.00 antenna designed specifeally brany Panasonicruggednotebook ortabletincluding theGT-33that hasan caboddedLTE andadedic ated UNSS»oder» This antenna offits alilgla On cellular/LTE antenaa %Adch includes LTEBmd'14 support fat FirstNet, and aGNSS ante nainside asinglembustand conpact housing, 16 25 LAB -320001 installation Customer Site - Baldwin Park, CA 585.00 ' 14,625.00 Deinstallold docklpower,Instal lCT-33Tiin9snedock, runpow 5—oinexistingtioertodock,runnew antersnafiornroofto docking station CDCE Inc. 1 iSales Quote 22641 Old Canal Road orba IjWa, CA 92887 rs r"" I,. INCORPORATED 11 Sales Quo $i' Nein' 114336-A 'Fele : 714-282-8881 Clustonwr Nod ....MALDPR Bin, T City of Baldwin Park Police Departrrient Attn: 'vonne- Finance Dept * 14403 E Pacific Ave.. Baldwin Park, CA 41706' Contact: Frank Steal Telephone: 626-705-5486 Email: 08/07/20 Casey Le KK T City ofBaldwin Park Police Departnient 14403 E. Pacific Ave. Baldwin Park, CA 91706 Contact: Frank l al `fele one:626-7175-5486 Email: Es tin ted delivery 4-6 weeks ARO. Installation to take place at Baldwin Park Police Department; Panasonic Warranty Entitlernents Porsche Rungrotevnich 626-960-.1955 knightCaft1dwinpark.corn By Signing, you are confirming not onlyyourrequest to purchase, but also your authority to purchase the goods and services on this quote on behalf ofthe organization you represent. Signed quotes are de facto purchase orders and fall under the snare term and conditions of sale. if you choose to pay by credit card then you approve an additonal3a✓'a processing fee on total order. Signature Printed Narne Date Approved By PdntDate 08/07/20 Pdnt lim 04:30:48 PM 1 MICE hie. Sales Quote 22641 Old Caml Road Yorba L a , CA 92887 E� INCORPORATED ED Sales Quote No. 114336-A Telephone: 714-282-8881 >r No. CLeAmm> City of Baldwin Park Police Departirent A ttn.Yvonne- Finance Dept *2 14103 R Pacific Ave. Baldwin Park, CA 91706 Smp To City of Baldwin Park Police Depailtrent, 14403 E Pacific Ave. Baldwin Park, CA 91706 Contact, Fra ADeal Contact. F'rankReal "Telephone: 626-705-5486 'Telephone: 626-705-5486 F5 il: ail. tri i -11. _ ILEA . _._. 27060 Decker prairie Rosehill Road Magnolia, Texas 77355 a m «� `��Jorge .�� M� E Pacific Ave. Baldwin MENEM 'QuotationSales Quotation Page 1 of 1 Order Date: 08/0112020 Valid Until: 09/06/2020 Rep- TMLead Terms: TBD Customer Ref. 14403 E. Pacific Ave Baldwin Park, CA 91706 . 1 d a it tj ii i{ rice Total Pnblic5eciur5pecsbc.5'.rtsaY�Prcr.➢1�".eCira€xcL.73ir�4t'Pf;€rC�FEi.vp'ru,t�L" , OHL) Ctoved Tinto Touch-DagJizer, RG0, 256GO SSD, Intel Wfl atr�ygahls`aet TFTT 2-0, Htuetoolh, Dual Pass (UtL .t,".M1 L° R Lc saes d F p 4G LIE t3€iib Carnes (EL47511), 2D Bar + Laser(i9CaFi13),TougF6 ctEreiewred,CE-CrVCFDEP3-Tough1pout& Cr_31_E-32V51 .TaugtpadPremBetReptngnert-includes(rrlan:ng.CsstonxtrPorlatAecess, New 2 ;3,77di' 94,325.90 rdrslt'slocatiun Shipping And mist Finale Management .4 The Panasonic hlationat Service Center (years 1,2,3), FZ-1,VC256;SSD?Y - 25CSGI3 8SD - ToutJhpad No Return 01 Detective Ddire (Years 1,2, 3), FZ-.SyICTPNF3YR- Protection Plus 4Yaaranty- iatlel PC (Years 1, 2„ 3), CF-TVCBIISI - fdt3C Custom BIOS Post Sale Entitlement, CF-MA17i1PMA12B-Absolule Resilience -12 lJonth Term - Panasonic PC Bundle Bred Customer Only. CIF1-NOLIC12D 1 Land 120 walt 12-32 Volt hirer Gar Chargee New 25 ,dr 118.00; 2,959:110 premium Keyboard tor CF -33, Fmsaiwe Red Dactil€t(4 levels). Idandlesticksland- display can be Opened to any, angle CompatiblEwth Tablet, 33 Laptop Vehicle Dart and 33DecFiePDock, EdiemetSDC&W E t F-1dE1t539LPotP LSetk' 2 " 699.00 1,200.00 size), FIDf,ll, VGA, USt32.0, 1.18133 b (2)Senor {USS}, Pryer, DOCking I Cmnnedar, Kensington Loc&, Tablet Release wrth LocuAlniuck Lairh Arm. Forward ofReveesed ckabletoCrrwertphieCrodd: (: Gannber-Johnsen Trimline Lite Tablet Vehicle Dock (dual pass) for [he C F 13 i HJT -33 TtF1 2 L , tablet only, USB2.0 (4), USB 3.6 (2), Serial, Ethernet (2), Clucking Connector, ^ New 29 9 817,00 F S 201425.00 Dual NF, Power, Release Leveer.Lack (Keyed ahke). ` 41h and 51h years Public Saiete SeA%ce Bunors Add on (Year 4 a 5 may)Must CE-SV'C:PSY5 be purchased in conjunctunuaM PS bundle base uniiAncludeh Premier, New 25 S 545.00 S 13,625.00 Protection Plus. Customin Portal, Diskinuote hranageanent, Klee No Raluin,a aP•Ct�-St1.pL- An Celg(4Gt3CG GPSTt4CiNC%Yhite-19' New 26 9 f4700 S 3,675.00 [rssia3l Inetatlafrgn WA 25, 5 740.94 ;: 17,500,00 C) ANO SB20 Calrtomia Re-TTcreTny mani ars 4"'-15" NA 25 4,00 ; 5 100 Oil Subtotal: J1C1te`tl. I. 953,8000 Freight $175.06 Tax $11,644.63 Total $165,619.63 Terms and Conditions * All shipments are FOB Destination, Freight Collect:. * Payment must be made in U.S. dollars. * Pricing and quantities are subject to change.; * Rumor Enterprises reserves the right to substitute products of equal or greater, specifications. invoices are subject to late payment charges of 18% per year computed monthly after due date... + All products are sold "AS IS" * No credit allowed for goods returned without prior approval. *. ALL,: RETURNS FAUST BE ACCOMPANIED. BY A RETURN MATERIAL. AUTHORIZATION NUMBER AND ARE: SUBJECT TO A 20%:.RESTOCKING/HANDLING. FEE; IF A.SPECIAL ORDER PART.., ADDITIONAL VENDO RESTOCKING/HANDLING FEES PLAY APPLY. ° Claims for doss or damage in shipment must: be made to the carrier by the Custumer, All others must be made to Nomar Enterprises .LLC within:2 days of receipt of goods. All goods shipped at the: buyer's risk. * Customer also: agrees to. pay such attorney's fees and costs as are actually incurred for the collection of this amount whether or not suit is instituted. * All product and services an this invoice will remain the property of Nomar Enterprises and will be :fully encumbered until full payment has been remitted, Sales Quote Sales Quote No. 9002 Customer No. BA.I_,DWINPI Customer PO Bill TO Shi To City of Baldwin Park Police Department City of Baldwin Park :AttnXvon ae- Finance Dept *2 Information Services - Btasctnent 14403 E. Pacific Ave. 14403 E, Pacific Ave. Baldwin Park, CA 91706 Baldwin mark, CA 91706 Contact: Jorge Iluerta Telephone, 626-813-5227' ME PE W 25 M Telephone: 626-960-4011 Corinne Matlick WINIO PRO, MT EL CORE 15.73DOU 2.60 HZ, VPRCI, 12.0"° Q11D GLOVED MULTI TOUCILi DIGITIZER 8G8, 256CYB :SSD, INTEL WI FI AA3/G/N/AC, TP1v12.0, BLUETOOTH; DUAL PASS (UPPEI'i:WNVAN/LOWER:DGIIS), 4G LTE MULTI CARRIER( M7511), DGPS, HELLO WEEBC;AM, I ee.1001 Recycle Fee for Monitors V-15" 81002 Lind 120 Watt CF -33 DC Cig;A.dapter: 84011 Panasonic 4th and 5th year warranty Bundle Add o (Year4 &a5 only). Must be ptircliasedin conjunction with PS bundle hese unit. Includes Premier; Protection Mitts, Custosue( Portal, Disk Image Management. 82004 Premium ICeyhrrard lbr CF -33 Emissive Red Backlit (4 levels).Handlekcacksland: - display can be opened to any angle.Crnapatible-withTablet, 33 Laptop Vehicle Dock, and 33 Desktop Dock:Ethernet, SDXC (hill -size), P DMI, VGA, USI3 2.0, USR 3,0 (2), Serial (USE) Print Date 08/16/20 P"rint'Tinte, &49:17 AM Page No. I oft Printed By: Corinne Matlick Continued on Next Page 3,556.000 N 96,250,00 120.0001 3,000.00 595.0001 1,196.00 L.A. Mobile Computing 925 N. La Brea Ave., 4th Floor Los Angeles, CA 90038 Telephone- 310-365-8280 City ol"Baldwin Park Police Department Attn:Yvonne- Finance Dept ' -12 14403 E. Pacific Ave, Baldwin Park, CA 91706 Sales Quote Sales not No. 9002 Customer No. BALI WIN11K ON stomer. PO H Shi To .......... City of Baldwin Park Information Services - Basement 14403 B. Pacific Ave. Baldwin Park, CA 91706 Contact* Jorge I'luerta Telephone: 626-813-5227 Telephone, 626-960-4011 PrintDate 08/10/20 Print Time 8:49:17 AM Page No. 2 oft Printed By: Corinne Matlick 157,790.00 0.00 11,821.80 169;611.80 ST ITEM NO. 8 TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: September 16, 2020 SUBJECT: Award of Contract for Citywide Janitorial Services SUMMARY The purpose of this staff report is to request for City Council to consider the award of a contract for citywide janitorial services. RECOMMENDATION Staff recommends that the City Council award a contract to CA Cleaning Maintenance for janitorial services. FISCAL IMPACT The current budget has sufficient funds allocated for janitorial services, the increase will be offset from the cost savings generated from the first three (3) months of the contract. The expenditure of this contract will be for a period of three months at $7,500.00 and thirty three (33) months at $11,355.00 per month. The subsequent Budgets for FY 21/22 and FY 22/23 will be appropriated during the budget process. BACKGROUND In accordance with City Code, a request for proposals was prepared and presented at their City Council meeting on March 4, 2020 and publicly posted. The Request for Proposals were mailed to over 10 local companies. A mandatory bidders meeting was held on April 20, 2020 and only one (1) contractor participated. Bids for this deadline were due on April 20, 2020 and no bids were received. The contract with the existing contractor terminated May 6, 2020, subsequently the contract has been on a month- to-month with a modified scope of work. The original contract has a line item cost for each facility, thus facilities in need of cleaning services are only being serviced: city hall, parking structure, city yard, and all outdoor restrooms at Hilda L. Solis, Morgan Park, Walnut Creek Nature Park, and Barnes Park. For clarification facilities temporarily being serviced by staff are closed to the public, they are not being serviced under the contract: Esther Snyder Community Center, Julia McNeill Senior Center, Family Service Center, ARC, Teen Center, and Barnes & Recreation Center. Staff was able to re -advertise the Request for Proposals with a regular bid which includes all the facilities and a modified bid to on only include those facilities that are open to the public. Five (5) companies participated in a mandatory walk-through meeting held on August 28, 2020. Proposals were opened on September 3, 2020, at 3:00 pm at Esther Snyder Community Center, Front Counter, and four (4) contractors' submitted proposals. The lowest responsible bidder was California Cleaning Maintenance, which currently provides satisfactory janitorial services for city facilities. The proposed contract is for three (3) years and provides an option for the City to extend the agreement for an additional one (1) year. Below is a summary of the bid proposals received: Company Name Regular Bid Monthly (all facilities) Modified Bid Monthly (Only facilities that are open) California Cleaning Maintenance 11,355.00 7,500.00 Guaranteed Janitorial Service 45,436.00 24,002.00 Omni Enterprise 15,520.00 9,970.00 United Maintenance Systems 21,140.00 15,300.00 The contract is being awarded based on the Regular Bid. The monthly fee will commence with the Modified Bind of $7,500.00 until the closed facilities are open to the public. Once those facilities are open to the public the monthly fee will transition to Regular Bid of $11,355.00. Since it's anticipated for the closed facilities to continue till early next year, staff is anticipating a cost savings of $11,565.00 for next three (3) months. Since the contract is anticipated to have a cost savings, the annual increase from the previous contract of $4,440 will be offset by the cost savings and will have a net cost savings of $6,915.00 for the current year. The new contract will be effective September 17, 2020. ALTERNATIVES The alternative would be to not award a contract and continue services as they are currently in place. LEGAL REVIEW The City Attorney has reviewed the contract and approved it as to form. ATTACHMENT 1. Agreement with CA Cleaning Maintenance THIS AGREEMENT made and entered into this 16 th day of �2020, by and between the CITY OF BALDWIN PARK, a municipal corporation (hereinafter "CITY") and California Cleaning Maintenance (hereinafter" CONTRACTOR"): ffAA 27 9 10 2 MI RV = 2 m 5 ME33NIM (1) RECITAL& This Agreement is made and entered into with respect to the following facts! (a) That CITY has heretofore solicited sealed public bids for janitorial services as specified herein and accordance with the plans and specifications in said City; and (b) That CONTRACTOR has submitted bid to accomplish said work; and (c) That the City Council of CITY has heretofore determined, in accordance with all applicable laws, that CONTRACTOR'S said bid constitutes the lowest responsible bid and has heretofore awarded said bid to said CONTRACTOR and (d) That CONTRACTOR is fully qualified to perform the work as hereinafter described. (a). Notice Inviting Sealed Bids dated (b). Contractor's Bid Dated (c). Bid Proposals (d). Instructions to Bidders (e). Specifications Bidder's Bond or Guarantee Bond (g). Workers Compensation Certificate (h). Liability Insurance Certificate (3) NATURE OEWORK� CONTRACTOR agrees to furnish all materials, tools, equipment, apparatus, transportation, labor and service necessary to perform and complete in a good and workmanlike manner the services in the manner designated in the Agreement and tht contract documents. (4) TERM QFAOR EEMENL_ This Agreement shall commerce within ten days of the Notice to Proceed and shall be valid for a period of thirty-six months thereafter. The Agreement may be terminated at anytime by a majority vote of the City Council. The Agreement shall not be assignable or transferable by either party without the express written consent of the other party. The City reserves the right to negotiate an extension to the initial contract for an additional period of one (1) year prior to expiration of the contract. (5) VVARRANTY: Warranty for labor and material will be for a period of not less than one (1) year. (6) 1NDENINIFICATION. The CONTRACTOR shall hold harmless the CITY and the City's agents and employees against all claims, demands, actions and suits brought against any of them arising from the • work under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: City Clerk Date M MM Carlos Valle Name Owner Title ITEM NO. SA -1 TO: Honorable Chair and Board Members of the Successor Agency ,HU OF" r r to the Dissolved Community Development Commission of The City of Baldwin Park BRIE'L LLEV =. n FROM: Rose Tam, Director of Finance JANO DATE: September 16, 2020 SUBJECT: Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park was $15,881.48. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The July 7 to September 8, 2020, Successor Agency Warrant with check number 13558 in the total amount of $15,881.48 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register .,wtJG% +e � , . Payment Number 13558 City of Baldwin Park, CA Check Register By (None) Payment Dates 7/7/2020 - 9/8/2020 Payment Date Vendor Name Description (Item) Account Number Amount 07/20/2020 A-1 CONCRETE & CONSTRUCT REPLACEMENT OF PUBLIC CO 890-50-520-58100-15101 15,881,48 Grand Total: ry 15,881.48 Check Register Payment Rates: 7/7/2020 - 9/8/2020 Report Summary Fund Summary Fund Payment Amount 890 - LOW -MOD INCOME HOUSING 15,881 48 Grand Total: 15,881.48 Account Summary Account Number Account Name Payment Amount 890-50-520-58100-15101 CONTRACT SERVICES 15,881.48 Grand Total: 1 1.5,681.4,8 Project Account Summary Project Account Key Payment Amount **None** _15,881.48 Grand Total: - 15,881.48 ITEM NO. SA -2 Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Rose Tam, Director of Finance September 16, 2020 Treasurer's Report — July 2020 SUMMARY Attached is the Treasurer's Report for the month of July 2020. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for July 2020. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report TO: o r 'r�y ko FROM: JANOa�`�� DATE: SUBJECT: ITEM NO. SA -2 Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Rose Tam, Director of Finance September 16, 2020 Treasurer's Report — July 2020 SUMMARY Attached is the Treasurer's Report for the month of July 2020. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for July 2020. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 713112020 INVESTMENT INTEREST PURCHASE MATURITY DESCRIPTION RATE DATE DATE State of California Local Agency Investment 96,468,42 SuccessorAgency 112,466:34 City dirj­domrat Fund & all other Special Revenue Funds 0.920% Varies Varies Housing Authority 0,920% Varies Varies CertiflcateofDeposit Citibank National Association (Mutual Securities) 2.66% 112512019 112612021 Barclays Bank Del (Cantella) 3.05% 121I912018 1212112020 PAR CURRENT BOOK MARKET 29,402,841A0 $ 29,402,841.40 $ 29,402,841,40 $ 2%402,841-40 14,027,67 14,027.67 14,027.67 14,027.67 29,416,869-07 29,416,869.07 29,416,869.07 29,416,869.07 250,000.00 250,000.00 250,000.0 263,150.00 250,00000 260,000.00 260,000.00 252,935.00 600,000.00 600,000,00 600,000.00 606,085.00 US Bank - Debt Service T"stge _Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 6,755,332.54 6,756,332,64 6,765,332,64 6,756,332.64 Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fund) Varies Varies Varies 1,276,624.00 1,276,624,00 11,276,624A0 1,276,624.00 8,031,956.64 8,031,966.64 0,031,966,64 8,031,056.64 Total Investments $ 37,848;825.81 Cash with Bank of the West City Checking 3,212,632.96 Money Market Plus 133,694,73 City Miscellaneous Cash 96,468,42 SuccessorAgency 112,466:34 Housing Authority 256,262.94 Financing Authority 11,700.00 Total Cash with Bank of the West 3,721,016.39 Investment Brokerage Capita Reserves (Dlvdend Option Cash) 3,823.34 Total Cash and Investments $ , 41,673,684.34 In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012. The successor agency name is "The City of Baldwin Park as Successor Agency to the Community Development Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transactions made for the month of July 2020 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tani Director of Finance ITEM NO. 9 TO: Honorable Mayor and Members of the City Council FROM: Ben Martinez, Director of Community Development "" PREPARED BY: Melissa Chipres, Associate Planner VALLEY ',ki) JAW n� DATE: September 16, 2020 SUBJECT: A Request to the City Council from the Planning Commission to Approve Development Agreement 20-04 to Grant a Cannabis Permit for a New Cannabis Cultivation and Manufacturing facility within the I, Industrial Zone Pursuant to Ordinance 1408. (Location: 4517 Little John St.; Applicant: Freshmade LLC; Case Number: DA 20-04 for CAN 20-01). SUMMARY This report requests City Council consideration of approving Development Agreement 20-04 between the City of Baldwin Park and Freshmade LLC. to grant a cannabis permit to permit a Cannabis Cultivation and Manufacturing facility located at 4517 Little John Street within the I, Industrial Zone pursuant to Ordinance 1408. RECOMMENDATION Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1454, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH FRESHMADE, LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4517 LITTLE JOHN STREET. (APN 8535-023-039) WITHIN THE CITY OF BALDWIN PARK". FISCAL IMPACT The Development Agreement has a financial component that provides a positive fiscal impact to the City. Please refer to Attachment No. 1 for the specific financial details of the Agreement. CEQA In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined that the proposed Development Agreement, DA 20-04, will not have a significant impact of the environment and is Categorically Exempt pursuant to Article 19, Section 15301, Class 1, `Existing Facilities'. Furthermore, the proposed facility is within an existing building. DISCUSSION The Planning Division has reviewed the application to ensure compliance with all requirements set forth in Cannabis Ordinances 1442 and 1443. The location is within the required zone district and is at a distance greater than 600 feet from a school, childcare facility, youth center or park and is a distance greater than 25 feet from a dwelling unit within a residential zone. A certified survey was included in the application, at the request of staff for verification. The applicant is proposing to cultivate and manufacture cannabis and is proposing to utilize approximately 17,985 -square feet within an existing 29,589 -square foot two-story commercial industrial building. Therefore complying with the maximum 22,000 -square feet allowed for cannabis use. The interior of the building will undergo tenant improvements to modify and isolate the areas used for cannabis related activity. In addition to annual mitigation fees the applicant has committed to donating an annual $50,000 to the City of Baldwin Park towards the salary of one Police Officer. As regulated by the City's Municipal Code, no outside signage will be permitted and no public visitation will occur as the business will not be open to the public. PLANNING COMMISSION ACTION On August 26, 2020 the Planning Commission adopted Resolution 20-19 recommending approval to the City Council to adopt Ordinance 1454 and approve DA 20-04 to grant a cannabis license to a new cultivation and manufacturing facility located at 4517 Little John Street. within the 1, Industrial Zone pursuant to Ordinance 1408. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTAC H M E NTS #1 Development Agreement 20-04 #2 Ordinance 1454 #3 PC Resolution 20-19 #4 Vicinity Map #5 Application DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BALDWIN PARK AND FRESHMADE, LLC ARTICLE 1. PARTIES AND DATE. This Government Code Statutory Development Agreement is Case No. 20.04. This Government Code Statutory Development Agreement is entered into between (i) the City of Baldwin Park ("City"), a California municipal corporation, and (ii) FRESHMADE, LLC, a California limited liability company ("Owner") ("STATUTORY AGREEMENT"). This STATUTORY AGREEMENT shall become effective on the Effective Date defined in Section 3.1.9 below. ARTICLE 2. RECITALS. 2.1 WHEREAS, this Statutory Development Agreement is pursuant to Government Code and is intended to be a Statutory Development Agreement under and through Government Code Section 65864 et seq.; and 2.2 WHEREAS, the City is authorized pursuant to Government Code Section 65864 et seq. to enter into binding statutory development agreements with persons having legal or equitable interests in real property for the development of such property; and 2.3 WHEREAS, Owner commenced its efforts to obtain approvals and clearances to cultivate and manufacture medical and adult use cannabis in or about July 2020; and at that time the City determined that the uses authorized in this STATUTORY AGREEMENT were lawfully permitted and authorized to occur on Owner's Property, subject to Owner's acquisition of various entitlements, as discussed herein; and 2.4 WHEREAS, Owner voluntarily enters into this STATUTORY AGREEMENT and after extensive negotiations and proceedings have been taken in accordance with the rules and regulations of the City, Owner has elected to execute this STATUTORY AGREEMENT as it provides Owner with important economic and development benefits; and 2.5 WHEREAS, this STATUTORY AGREEMENT and the Project are consistent with the City's General Plan and Zoning Code and applicable provisions of the City's applicable Zoning Map and the Baldwin Park Municipal Code as of the Agreement Date; and M 2.6 WHEREAS, all actions taken and approvals given by the City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and 2.7 WHEREAS, this STATUTORY AGREEMENT will eliminate uncertainty in planning and provide for the orderly development of the Project and/or Property, ensure progressive installation of necessary improvements, and provide for public services appropriate to the development of the Project; and 2.8 WHEREAS, in implementation of the promulgated state policy to promote private participation in comprehensive planning and to strengthen the public planning process and to reduce the economic risk of development, the City deems the implementation of this STATUTORY AGREEMENT to be in the public interest and intends that the adoption of this STATUTORY AGREEMENT be considered an exercise of the City's police powers to regulate the development of the Property during the Term of this STATUTORY AGREEMENT; and 2.9 WHEREAS, this STATUTORY AGREEMENT is consistent with the public health, safety and welfare needs of the residents of the City and the surrounding region and the City has specifically considered and approved the impact and benefits of the development of the Property in accordance with this STATUTORY AGREEMENT upon the welfare of the region; and 2.10 WHEREAS, Owner intends to develop a Cannabis Manufacturing and Cultivation Facility pursuant to the Baldwin Park Municipal Code ("BPMC") Chapter 127 and all applicable state laws, rules, and regulations; and 2.11 WHEREAS, concurrently with execution of this STATUTORY AGREEMENT, City acknowledges that Owner has been authorized to cultivate and manufacture cannabis and cannabis related products at its facility or facilities up to 22,000 square feet. 2.11.1 WHEREAS, Owner's location will be 4517 Little John Street for their approved cannabis permit. The APN is 8535-032-039. 2.12 WHEREAS, the City entered into a Development Agreement with Rukli, Inc. to be the exclusive distributor of cannabis and cannabis related products in the City of Baldwin Park. The City is entering into development agreements with owners for permits for cultivation and manufacturing of cannabis and cannabis related products in the City of Baldwin Park. The City prohibits the sale of cannabis and cannabis related products within the City of Baldwin Park so the cannabis and cannabis related products must be distributed to and sold in cities where it is legal to do so. Rukli, Inc. shall be the exclusive distributor for the cultivation and/or manufacturing permit holders within the City of Baldwin Park and City conditions the cultivation and/or manufacturing permits on Rukli, Inc. being the exclusive distributor for any permit issued by Baldwin Park for cultivation or manufacturing unless, the City settles with Rukli and eliminates the exclusive distribution permit. In that case, this Section is null and void. IN ARTICLE 3. GENERAL TERMS. 3.1 Definitions and Exhibits. The following terms when used in this STATUTORY AGREEMENT shall be defined as follows: 3.1 .1 "Agreement" means this STATUTORY AGREEMENT pursuant to Government Code Section 65864 et seq. corporation. 3.1.2 "City" means the City of Baldwin Park, a California municipal 3.1.3 "Days" mean calendar days unless otherwise specified. 3.1.4 "Dedicate" means to offer the subject land for dedication and to post sufficient bonds or other security if necessary for the improvements to be constructed including, but not limited to: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of buildings and structures, and the installation of landscaping. 3.1.5 "Development" If applicable, includes grading, construction or installation of public and private facilities and the right to maintain, repair or reconstruct any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction take place within the Term of this STATUTORY AGREEMENT on the Property. 3.1.6 "Development Approvals" If applicable, means all other entitlements for the Development of the Property, including any and all conditions of approval, subject to approval or issuance by the City in connection with Development of the Property. "Development Approvals" also include both the Existing Development Approvals and the Subsequent Development Approvals approved or issued by the City that are consistent with this STATUTORY AGREEMENT. 3.1.7 "Development Plan" If applicable, means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property for the Project, as modified and supplemented by Subsequent Development Approvals. 3.1.8 "BPMC" means the City of Baldwin Park Municipal Code. 3.1.9 "Effective Date" means the day this STATUTORY AGREEMENT is approved and adopted by the Baldwin Park City Council and signed by the Mayor of Baldwin Park or his designee. 3.1.10 "Existing Development Approvals" If applicable, means all Development Approvals approved or issued prior to or on the Effective Date. Existing Development Approvals include the approvals set forth in Section 3.1.6 and all other approvals which are a matter of public record prior to or on the Effective Date. -3- 3.1.11 "Existing Land Use Regulations" If and where applicable, means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals. 3.1.12 "Land Use Regulations" If and where applicable means all ordinances, resolutions and codes adopted by the City governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 3.1.13 "Mortgagee" If applicable, means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender and its successors - in interest. 3.1.14 "Owner" means Freshmade, LLC 3.1.15 "Processing Fees" means the normal and customary application, filing, plan check, permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, and other similar permits and entitlements, and inspection fees, which fees are charged to reimburse the City's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the City. 3.1.16 "Project" If applicable means the Development of the Property contemplated by the Development Plan, as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this STATUTORY AGREEMENT. The Project shall consist of this STATUTORY AGREEMENT, the Development Plans, the application, any and all entitlements, licenses, and permits related to the Project. 3.1.17 "Property" means the property described as APN 8535-032-039, 4517 Little John Street and identified in Section 3.4 and incorporated herein by this reference. Owner may modify the location or locations or add locations to the Property subject to City approval and all applicable zoning and distance requirements. 3.1.18 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objectives of the STATUTORY AGREEMENT. 3.1.19 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to Owner under this STATUTORY AGREEMENT and reserved to the City as described in Section 4.4. -4- 3.1.20 "Space or Canopy Space" shall mean any space or ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre -flowering, flowering, curing and/or harvesting phases, including without limitation any space used for activities such as growing, planting, seeding, germinating, lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used for storing any cannabis, no matter where such storage may take place or such storage space may be located. 3.1.21 "Subsequent Development Approvals" If applicable, means all future discretionary approvals and all ministerial Development Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements that require the provision of bonds or other securities. Subsequent Development Approvals include, but are not limited to, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other permits or approvals necessary, convenient or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as Owner may choose consistent with the Development Plan and this STATUTORY AGREEMENT. 3.1.22 "Subsequent Land Use Regulations" If applicable means any Land Use Regulations defined in Section 3.1.12 that are adopted and effective after the Effective Date of this STATUTORY AGREEMENT. 3.2 Documents. The following documents are attached to and, by this reference, are made part of this STATUTORY AGREEMENT: No. 1 — Legal Description of the Property and/or Properties. No. 2 — Map showing Property and its or their location(s). No. 3 — Application. 3.3 Binding Effect of STATUTORY AGREEMENT. The Property is hereby made subject to this STATUTORY AGREEMENT. Subject to Owner's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this STATUTORY AGREEMENT, be carried out only in accordance with the terms of this STATUTORY AGREEMENT and the Development Plan, if any. In the event of conflict or uncertainty between this STATUTORY AGREEMENT and the Development Plan, the provisions of this STATUTORY AGREEMENT shall control. 3.4 Ownership of Property. Owner represents and covenants that it has a legal or equitable interest in the Property in Assessor's Parcel Number 8535-032-039, which is more particularly described as 4517 Little John Street, Baldwin Park, California 91706. -5- 3.5 Term. The parties agree that the Term of this STATUTORY AGREEMENT shall be fifteen (15) years commencing on the Effective Date subject to the written extension and early termination provisions described in this STATUTORY AGREEMENT. Upon termination of this STATUTORY AGREEMENT, this STATUTORY AGREEMENT shall be deemed terminated and of no further force and effect, except terms that are expressly stated in this STATUTORY AGREEMENT to survive termination without the need of further documentation from the parties hereto. The STATUTORY AGREEMENT's Fee is subject to renegotiation after the first term, and every five year term thereafter. 3.5.1 Term Extension. This STATUTORY AGREEMENT may only be extended by mutual agreement of City and Owner in writing and signed by Owner and the Mayor of Baldwin Park. If the Mayor of Baldwin Park does not sign the agreement or renegotiated agreement any such agreement is null and void. 3.6 Automatic Termination. This STATUTORY AGREEMENT shall automatically terminate upon the occurrence of any of the following events: (i) Expiration of the Term of this STATUTORY AGREEMENT as set forth in Section 3.5; (ii) The entry of a final judgment (or a decision on any appeal therefrom) voiding the City's General Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the City is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal. (iii) Failure to timely pay any fees to the City. Failure to timely pay the $50,000 towards the policy salary or benefits. Failure to pay any fees due to the City under this STATUTORY AGREEMENT which includes Mitigation Fees. (iv) Failure to move forward in good faith to obtain a Certificate of Occupancy. 3.6.1 Effect of Termination. Termination of this STATUTORY AGREEMENT shall constitute termination of all land use entitlements and permits approved for the Owner and/or the Property. Upon the termination of this STATUTORY AGREEMENT, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this STATUTORY AGREEMENT which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this STATUTORY AGREEMENT. 3.7 Notices. 3.7.1 Notice Defined. As used in this STATUTORY AGREEMENT, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. 3.7.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or (ii) three days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (iii) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below; or (iv) on the date of delivery by facsimile transmission to the recipient named below if a hard copy of the notice is deposited in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows: If to the City: Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 If to Owner: Freshmade, LLC 4517 Little John St. Baldwin Park, CA 91706 3.7.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3.8 Validity of this STATUTORY AGREEMENT. Owner and the City each acknowledge that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this STATUTORY AGREEMENT. The parties acknowledge and agree that neither party shall allege in any administrative or judicial proceeding that the entering into or the performance of any obligations created in this STATUTORY AGREEMENT violates federal or state law, with respect to all federal, state and local statutes, ordinances or regulations in effect as of the Effective Date. 3.9 Fee. Fee means the amount(s) set by the City, negotiated with Owner, to provide City commensurate benefit based on a private benefit conferred upon Owner. Fee shall include City's cost to research cannabis and cannabis laws and regulations, draft cannabis ordinance, conduct public meetings, negotiate development agreements, process applications, and any other acts taken by the City in furtherance of medical and adult commercial use of cannabis. -7- ARTICLE 4. DEVELOPMENT OF THE PROPERTY. 4.1 Right to Develop. Owner shall, subject to the terms of this STATUTORY AGREEMENT, develop the Property with a commercial cannabis facility in accordance with and to the extent of the Development Plan and/or application. The Property shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan and/or application. 4.2 Effect of STATUTORY AGREEMENT on Land Use Regulations. Except as otherwise provided by this STATUTORY AGREEMENT, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be the Development Plan and/or application. Provided, however, that in approving tentative subdivision maps, the City may impose ordinary and necessary dedications for rights-of-way or easements for public access, utilities, water, sewers and drainage, having a nexus with the particular subdivision; provided, further, that the City may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of Owner's obligations thereunder. 4.3 Changes to Project. The parties acknowledge that changes to the Project or Development Approvals may be appropriate and mutually desirable. The City shall act on such applications, if any, in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority, or except as otherwise provided by this STATUTORY AGREEMENT. If approved, any such change in the Existing Development Approvals shall be considered an additional Existing Development Approval. 4.4 Reservations of Authority. Any other provision of this STATUTORY AGREEMENT to the contrary notwithstanding, the Development of the Property shall be subject to subsequently adopted ordinances, resolutions ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") on the following topics: (i) Processing Fees imposed by the City to cover the estimated or actual costs to the City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, which fees are charged to reimburse the City's lawful expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlement are granted or conducted by the City. (ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (iii) Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the City. (iv) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety; provided, however, the following shall apply: (a) That to the extent possible, such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided in this STATUTORY AGREEMENT; (b) That such regulations apply uniformly to all new development projects of the same uses within the City; and (v) Regulations that do not conflict with the Development Plan. The term "do not conflict" means new rules, regulations, and policies which: (a) do not modify the Development Plan, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of Development of the Project, the maximum height and size of proposed buildings on the Property, provisions for Dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this STATUTORY AGREEMENT, and standards for design, development and construction of the Project; (b) do not prevent Owner from obtaining any Subsequent Development Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as Owner would otherwise be entitled by the Development Plan; or (c) do not prevent Owner from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as Owner would otherwise be entitled to do so by the Development Plan. (vi) The City shall not be prohibited from applying Project Subsequent Land Use Regulations that do not affect permitted uses of the land, density, design, public improvements (including construction standards and specifications) or the rate of development of the Development, nor shall the City be prohibited from denying or conditionally approving any Subsequent Development applications on the basis of such subsequent Land Use Regulations. 4.5 Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the City possess authority to regulate aspects of the development of the Property separately from or jointly with the City, and this STATUTORY AGREEMENT does not limit the authority of such other public agencies. The City shall reasonably cooperate with other public agencies processing Development Approvals for the Project. 4.6 Tentative Subdivision Map and Development Approvals Lifespan. The term of any tentative subdivision map shall be in effect for a period of fifteen (15) years, and may be extended pursuant to the provisions of the California Subdivision Map Act m (Government Code §§ 66410 et seq.) All Development Approvals shall not expire if Owner commences substantial construction of the Project within one (1) year from the Effective Date of this STATUTORY AGREEMENT. "Substantial Construction" means the issuance of a building permit in furtherance of the Project. 4.7 Satisfaction of Conditions of Approval. Owner shall comply with any and all conditions of approval for any entitlement, permit, or license it receives from the City. 4.8 Subsequent Entitlements. Prior to commencement of construction of the Project, Owner shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this STATUTORY AGREEMENT. 4.9 City Records Inspection. Owner acknowledges and agrees that the City is empowered to examine Owner's books and records, including tax returns. The City has the power and authority to examine such books and records at any reasonable time, including but not limited to, during normal business hours. If the City wishes to inspect the areas of the Property where the cannabis is being cultivated or manufactured, City may do so at any time with no prior notice to Owner. In addition, City agrees that all of its employees or agents which enter the cultivation, manufacturing, and curing areas shall follow all of the policies and guidelines imposed on Owner's employees, including without limitation, the wearing of any clothing or equipment to insure that no pests or impurities shall enter the cultivation and curing areas. ARTICLE 5. PUBLIC BENEFITS. 5.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this STATUTORY AGREEMENT confers substantial private benefits on Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 5.2 For the first year, Owner will pay the City a total of $220,000 as a Mitigation Fee. 5.3 In year two and year three, the Fee will increase to $12.50 per sq. foot for a total of $275,000 per year. 5.4 At the beginning of year four, Owner will pay a Fee of $15.00 per sq. foot for a total of $330,000 per year. In year five, and until the end of the contract, Owner will pay a Fee of $330,000. 5.5 The Fee schedule is as follows: The first Fee payment is due 6 months after the original STATUTORY AGREEMENT was signed by the Mayor of Baldwin Park. The second and last payment for the first year is due 6 months after the first payment. For years 2 through 15, the Fee schedule is as follows: divide the total Fee for the respective year into four and make four equal payments due at the end of each quarter. If Owner and City cannot agree to a new Fee or Fees by December 22, 2022, this STATUTORY AGREEMENT will automatically terminate on December 23, 2022. 5.6 The Fee is subject to reassessment by the City every five years. At the end of year five, the City will set a new Fee which will be applied in years 6 through 10. At the end of year 10, the City will set new Fee which will be applied in years 11 through 15. No one factor is dispositive in the City's determination of the new Fee. The Cannabis permit will expire at the close of the 15th year and will require the Owner to reapply with the City for a new permit. 5.7 Further, Owner will pay a yearly payment of $50,000 each year to the City that can be used to mitigate the impact of the cannabis business on the City and its police department and other staff which includes but is not limited to, to use to pay a part of a police officer's salary and/or benefits. This $50,000 amount will be due at the time the permit is issued. Subsequent annual payments will be due on the permit issuance anniversary date. This payment is due within thirty (30) days of issuance of the permit and thereafter on the anniversary of the issuance of the permit. 5.8 Jobs and Wage Creation. 5.8.1 Local Hiring. Owner agrees to use its reasonable efforts to hire qualified City residents for jobs at the Project. Owner shall also use reasonable efforts to retain the services of qualified contractors and suppliers who are located in the City or who employ a significant number of City residents. At least 40 percent of the Project's workforce shall consist of residents of the City. Job announcements shall be posted at City Hall, along with proof that the job announcements were advertised in at least two newspapers published, printed or distributed in the City and on various social media sites accessible to the general public. In addition, Owner shall make a good faith effort to advertise job announcements at local job fairs and on local radio 5.9 Development Agreement Administrative Fee Deposit. Owner shall be responsible for all of the City's actual costs associated with processing Development Approvals for the Project including, but not limited to, costs associated with the City's review and processing of the Project, including but not limited to reviewing the Project's entitlements, including all environmental clearance documents, permits, licenses and all documents evidencing compliance with state and local law. As such, upon issuance of its permit, Owner must deposit $15,000 with the City for the purpose of reimbursing the City for any associated costs with processing the Project, as detailed above and reimbursing the City for its actual costs incurred in drafting and processing this STATUTORY AGREEMENT. Owner will be liable for the City's actual costs incurred in processing future Development Approval applications. City acknowledges and agrees that this payment is not merely a deposit, but is a cap on the amount of the City's actual costs incurred in processing this STATUTORY AGREEMENT. -11- ARTICLE 6. DISTRIBUTION AND TRANSPORTATION 6.1 Transportation of Cannabis. All pick ups and drop offs of cannabis and cannabis products into and out of the City of Baldwin Park shall be by the exclusive distributor, Rukli, Inc., or such other company should Rukli, Inc. no longer hold that right. Owner shall not, on its own or through any person or entity, arrange for pick ups or drop offs of cannabis or cannabis products into or out of the City of Baldwin Park for any purpose, except by the exclusive distributor. 6.2 Distribution of Cannabis. Owner shall distribute its cannabis and cannabis products only through the City's exclusive distributor unless that agreement is terminated by mutual agreement. Owner shall cooperate fully with the City's exclusive distributor regarding the accounting for product, revenue and tax collection. 6.3 Owner and the City's exclusive distributor shall reach their own agreement regarding fees for the exclusive distributor's services, if applicable. ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1 Periodic Review. The City Council shall review this STATUTORY AGREEMENT annually, on or before each anniversary of the Effective Date, in order to ascertain Owner's good faith compliance with this STATUTORY AGREEMENT. During the periodic review, Owner shall be required to demonstrate good faith compliance with all the terms of the STATUTORY AGREEMENT including good faith towards getting a Certificate of Occupancy. 7.2 Special Review. The City Council may order a special review of compliance with this STATUTORY AGREEMENT at any time. The City may also inspect any Property at any time without notice. The failure by Owner to allow entry into the Property or Properties at any time is a breach of this STATUTORY AGREEMENT and could result in the termination of this STATUTORY AGREEMENT and any modifications to this STATUTORY AGREEMENT. 7.3 Review Hearing. At the time and place set for the review hearing, Owner shall be given an opportunity to be heard. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this STATUTORY AGREEMENT, the City Council may automatically terminate this STATUTORY AGREEMENT notwithstanding any other provision of this STATUTORY AGREEMENT to the contrary, or modify this STATUTORY AGREEMENT and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final, subject only to judicial review. 7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, the City Council determines that Owner is in compliance with this STATUTORY AGREEMENT, the City shall issue a Certificate of Agreement Compliance ("Certificate") to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the City Council, that (i) this -12- STATUTORY AGREEMENT remains in effect and (ii) Owner is not in default. The City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the City Council, regardless of whether or not the Certificate is relied upon by assignees or other transferees or Owner. 7.5 Failure to Conduct Review. The City's failure to conduct a periodic review of this STATUTORY AGREEMENT shall not constitute a breach of this STATUTORY AGREEMENT. 7.6 Cost of Review. The costs incurred by City in connection with the periodic reviews shall be borne by the City. The Owner is not liable for any costs associated with any City periodic review of this STATUTORY AGREEMENT. The Owner is not liable for costs incurred for reviews. ARTICLE 8. DEFAULTS AND REMEDIES. 8.1 Remedies in General. It is acknowledged by the parties that the City would not have entered into this STATUTORY AGREEMENT if it were to be liable in damages under this STATUTORY AGREEMENT, or with respect to this STATUTORY AGREEMENT or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure or delay by either party to perform any term or provision of this STATUTORY AGREEMENT shall constitute a default. In the event of alleged default or breach of any terms or conditions of this STATUTORY AGREEMENT, the party alleging such default or breach shall give the other party thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this STATUTORY AGREEMENT through any state court, except that the City shall not be liable in monetary damages, unless expressly provided for in this STATUTORY AGREEMENT, to Owner, to any mortgagee or lender, or to any successors in interest of Owner if successors in interest are permitted under this STATUTORY AGREEMENT or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest, if successors in interest are permitted under this STATUTORY AGREEMENT, to the Property or any portion thereof, not to sue for damages or claim any damages: (i) For any breach of this STATUTORY AGREEMENT or for any cause of action which arises out of this STATUTORY AGREEMENT; or (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this STATUTORY AGREEMENT, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or -13- (iii) Arising out of or connected with any dispute, controversy or issue regarding the application or request for a permit for cultivation, manufacturing and/or distribution or interpretation or effect of the provisions of this STATUTORY AGREEMENT. Owner hereby agrees to waive and/or release the City of Baldwin Park for any claim or claims or cause of action, not specifically and expressly reserved herein, which Owner may have at the time of execution of this STATUTORY AGREEMENT relating to any application to the City of Baldwin Park including but not limited to, any application for any type of distribution, cultivation or manufacturing permit, any application for any distribution, cultivation or manufacturing rights, or any application for any distribution, cultivation or manufacturing license from the City of Baldwin Park. CALIFORNIA CIVIL CODE SECTION 1542 The Owner expressly acknowledges that this STATUTORY AGREEMENT is intended to include in its effect, a waiver without limitation, of all claims or causes of actions which have arisen and of which each side knows or does not know, should have known, had reason to know or suspects to exist in their respective favor at the time of execution hereof, that this STATUTORY AGREEMENT contemplates the extinguishment of any such Claim or Claims. The Owner specifically acknowledges and waives and releases the rights granted to Owner under California Civil Code Section 1542, which states as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." By expressly waiving the rights granted to Owner under California Civil Code Section 1542, the Owner represents that they understand and acknowledge that if they have suffered any injury, damage as a result of the application for or request for any permit from the City of Baldwin Park and (i) they are not presently aware of any damage or injury, or (ii) any damage or injury has not yet manifested itself, any claims for any such damage or injury are forever released and discharged. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the exercise by the City of its power of eminent domain. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. Except as set forth in the preceding paragraph relating to eminent domain, Owner's remedies shall be limited to those set forth in this Section 8.1, Section 8.2, and Section 8.3. -14- 8.2 Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this STATUTORY AGREEMENT and should be available to all parties for the following reasons: (i) Except as provided in Section 8.1, money damages are unavailable against the City as provided in Section 8.1 above. (ii) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this STATUTORY AGREEMENT has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this STATUTORY AGREEMENT and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this STATUTORY AGREEMENT, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. 8.3 Termination of Agreement for Default of the City Owner may terminate this STATUTORY AGREEMENT only in the event of a default by the City in the performance of a material term of this STATUTORY AGREEMENT and only after providing written notice to the City of default setting forth the nature of the default and the actions, if any, required by the City to cure such default and, where the default can be cured, the City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 8.4 Attorneys' Fees and Costs. In any action or proceeding between the City and Owner brought to interpret or enforce this STATUTORY AGREEMENT, or which in any way arises out of the existence of this STATUTORY AGREEMENT or is based upon any term or provision contained herein, the "prevailing party" in such action or proceeding shall be entitled to recover from the non -prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this STATUTORY AGREEMENT, the prevailing party's reasonable attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 9.4 include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding. 8.5 Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by the City to be in default of the terms and conditions of this STATUTORY AGREEMENT until -15- such default thereafter is cured by Owner or is waived by the City. If the City terminates this STATUTORY AGREEMENT because of Owner's default, then the City shall retain any and all benefits, including money or land received by the City hereunder. ARTICLE 9. THIRD PARTY LITIGATION. 9.1 General Plan Litigation. The City has determined that this STATUTORY AGREEMENT is consistent with its General Plan. Owner has reviewed the General Plan and concurs with the City's determination. The City shall have no liability under this STATUTORY AGREEMENT or otherwise for any failure of the City to perform under this STATUTORY AGREEMENT, or for the inability of Owner to develop the Property as contemplated by the Development Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this STATUTORY AGREEMENT or any of the City's actions in adopting it were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that the STATUTORY AGREEMENT or any Development Approval is unenforceable based upon federal, state or local statutes, ordinances or regulations in effect on the Effective Date. 9.2 Hold Harmless Agreement. Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner or Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner's contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. 9.3 Indemnification. Owner shall defend, indemnify and hold harmless City and defend its agents, officers and employees against and from any and all liabilities, demands, lawsuits, claims, government claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which the City and its City Council members may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this STATUTORY AGREEMENT and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) if applicable, the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; and (iii) the proceedings or procedure undertaken in connection with the adoption or approval of any permit or any of the above. In the event of any legal or equitable action or other proceeding instituted by anyone against the City -16- or its City Council, any third party (including a governmental entity or official) challenging the validity of any provision of this STATUTORY AGREEMENT or procedure upon which the permit was issued, or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at is sole option, may tender to Owner and Owner agrees to accept any such tender of the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City may do so in its sole discretion and Owner will be required to pay the defense costs of the City as the costs are incurred. Owner agrees to pay any and all attorney's fees or retainer regarding the selection of counsel, and Owner shall pay all costs and all attorneys' fees related to retention of such counsel. 9.4 Environmental Contamination. Owner shall indemnify and hold the City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of the Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, the City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. The City may in its discretion participate in the defense of any such claim, action or proceeding. The provisions of this Section 9.4 do not apply to environmental conditions that predate Owner's ownership or control of the Property or applicable portion; provided, however, that the foregoing limitation shall not operate to bar, limit or modify any of Owner's statutory or equitable obligations as an owner or seller of the Property. 9.5 The City May Choose its Own Counsel. With respect to Sections 9.1 through 9.4, the City reserves the right to select its own special counsel or otherwise engages special counsel to defend the City hereunder, which fees will be paid by Owner. 9.6 Accept Reasonable Good Faith Settlement. With respect to Article 9, the City shall not reject any reasonable good faith settlement. Before accepting any such settlement offer, City shall notify Owner of the offer and provide Owner with a copy of the offer. If Owner disagrees with the City's intention to accept the offer, prior to the City's response to any offer, the parties shall meet and confer in order to attempt to resolve the parties' differences. If the City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and the City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section 9.6 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and the City expressly agree that this Section 9.6 does not apply to any settlement that requires an exercise of the City's police powers, limits the City's exercise of its police powers, or affects the conduct of the City's municipal operations. -17- 9.7 Administrative Actions. The parties acknowledge that in the future there could be claims, enforcement actions, requests for information, subpoenas, criminal or civil actions initiated or served by either the Federal Government or the State Government in connection with Owner's development, operation and use of the Property (collectively, "Actions"). The City shall not disclose information and documents to the Federal Government or State Government, its officers, or agents regarding any party to this agreement absent a grand jury subpoena, civil or administrative subpoena, warrant, discovery request, summons, court order or similar process authorized under law hereinafter called "Governmental Notice". If any Action is brought by either the Federal or State Government, City shall immediately notify Owner of the nature of the Claim including all correspondence or documents submitted to the City. Prior to responding to the Governmental Notice, City shall provide Owner ten (10) days from the date of such notice subpoena or the like to serve and obtain on the City a protective order, or the like, from a court of competent jurisdiction. 9.8 Survival. The provisions of Sections 9.1 through 9.7 inclusive, shall survive the termination or expiration of this STATUTORY AGREEMENT, until such time as the uses of the Property established in the Development Plan are permanently terminated. ARTICLE 10. THIRD PARTY LENDERS, ASSIGNMENT & SALE. 10.1 Encumbrances. The parties hereto agree that this STATUTORY AGREEMENT shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. 10.2 Lender Requested Modification/Interpretation. The City acknowledges that the lenders providing such financing may request certain interpretations and modifications of this STATUTORY AGREEMENT and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this STATUTORY AGREEMENT and as long as such requests do not minimize, reduce, curtail, negate or in any way limit City's rights under this STATUTORY AGREEMENT. 10.2.1 This permit and its benefits cannot be sold or transferred without prior written approval by the City Council. No new owners without prior written approval by the City. ARTICLE 11. MISCELLANEOUS PROVISIONS. 11.1 Entire Agreement. This STATUTORY AGREEMENT sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly contained herein. No testimony or -18- evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this STATUTORY AGREEMENT, provided, however, City at its option may rely on statements by Owner's agents at the public hearings leading to the City's approval of the project or on written documents by Owner's agents that are a part of the public record. 11.2 Severability. If any term, provision, covenant or condition of this STATUTORY AGREEMENT shall be determined invalid, void or unenforceable, by a court of competent jurisdiction, the remainder of this STATUTORY AGREEMENT shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this STATUTORY AGREEMENT. The foregoing notwithstanding, the provision of the public benefits set forth in Article 5, including the payment of the fees set forth therein, are essential elements of this STATUTORY AGREEMENT and the City would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at the City's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the development rights set forth in Article 4 of this STATUTORY AGREEMENT are essential elements of this STATUTORY AGREEMENT and Owner would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at Owner's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. 11.3 Interpretation and Governing Law. This STATUTORY AGREEMENT and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This STATUTORY AGREEMENT shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this STATUTORY AGREEMENT, since all parties were represented by counsel in the negotiation and preparation hereof. 11.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this STATUTORY AGREEMENT. 11.5 Singular and Plural; Gender, and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity. 11.6 Time of Essence. Time is of the essence in the performance of the provisions of this STATUTORY AGREEMENT as to which time is an element. -19- 11.7 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this STATUTORY AGREEMENT by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this STATUTORY AGREEMENT thereafter. 11.8 No Third Party Beneficiaries. The only parties to this STATUTORY AGREEMENT are Owner and the City. This STATUTORY AGREEMENT is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third party beneficiaries and this STATUTORY AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 11.9 INTENTIONALLY BLANK 11.10 INTENTIONALLY BLANK 11.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 11.12 Counterparts. This STATUTORY AGREEMENT may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 11.13 Jurisdiction and Venue. Any action at law or in equity arising under this STATUTORY AGREEMENT or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this STATUTORY AGREEMENT shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of federal or state law or judicial decision providing for the filing, removal or change of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394. 11.14 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this STATUTORY AGREEMENT. No partnership, joint venture or other association of any kind is formed by this STATUTORY AGREEMENT. The only relationship between the City and Owner is that of a government entity regulating the development of private property and the owner of such property. 11.15 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this STATUTORY AGREEMENT and the satisfaction of the conditions of this STATUTORY AGREEMENT. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings Kea and take any actions as may be reasonably necessary under the terms of this STATUTORY AGREEMENT to carry out the intent and to fulfill the provisions of this STATUTORY AGREEMENT or to evidence or consummate the transactions contemplated by this STATUTORY AGREEMENT. 11.16 Eminent Domain. No provision of this STATUTORY AGREEMENT shall be construed to limit or restrict the exercise by the City of its power of eminent domain. 11.17 Agent for Service of Process. In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer, resident of the State of California, or if it is a foreign corporation, then Owner shall file, upon its execution of this STATUTORY AGREEMENT, with the Chief Executive Officer or his or her designee, upon its execution of this STATUTORY AGREEMENT, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this STATUTORY AGREEMENT, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of the County of Los Angeles and such service shall constitute valid service upon Owner. Owner is amenable to the process so described, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto. 11.18 Authority to Execute. The person or persons executing this STATUTORY AGREEMENT on behalf of Owner warrants and represents that he/she/they have the authority to execute this STATUTORY AGREEMENT on behalf of his/her/their corporation, partnership or business entity and warrants and represents that he/she/they has/have the authority to bind Owner to the performance of its obligations hereunder. Owner shall each deliver to City on execution of this STATUTORY AGREEMENT a certified copy of a resolution and or minute order of their respective board of directors or appropriate governing body authorizing the execution of this STATUTORY AGREEMENT and naming the officers that are authorized to execute this STATUTORY AGREEMENT on its behalf. Each individual executing this STATUTORY AGREEMENT on behalf of his or her respective company or entity shall represent and warrant that: (i) The individual is authorized to execute and deliver this STATUTORY AGREEMENT on behalf of that company or entity in accordance with a duly adopted resolution of the company's board of directors or appropriate governing body and in accordance with that company's or entity's articles of incorporation or charter and bylaws or applicable formation documents; and (ii) This STATUTORY AGREEMENT is binding on that company or entity in accordance with its terms; and (iii) The company or entity is a duly organized and legally existing company or entity in good standing; and -21- (iv) The execution and delivery of this STATUTORY AGREEMENT by that company or entity shall not result in any breach of or constitute a default under any mortgage, deed of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound. 11.19 Nexus/Reasonable Relationship Challenges. Owner agrees that the fees imposed are in fact reasonable and related to the mitigation of the negative impacts of the business on the City and consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this STATUTORY AGREEMENT including, without limitation, any claim that the terms in this STATUTORY AGREEMENT constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, and/or impose an unlawful tax. 11.20 [RESERVED] 11.21 No Damages Relief Against City. The parties acknowledge that the City would not have entered into this STATUTORY AGREEMENT had it been exposed to damage claims from Owner, or anyone acting on behalf of Owner for any breach thereof. As such, the parties agree that in no event shall Owner, or Owners' partners, or anyone acting on behalf of Owner be entitled to recover damages against City for breach of this STATUTORY AGREEMENT. 11.22 Laws. Owner agrees to comply with all applicable state, regional, and local laws, regulations, polices and rules. In addition, Owner further agrees to comply with all issued entitlements, permits, licenses, including any and all applicable development standards. Specifically, Owner agrees to comply with all applicable provisions of BPMC. 11.23 Compliance with Conditions of Approval. Owner agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it receives from the City. All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference. 11.24 The City acknowledges that this STATUTORY AGREEMENT shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future, either by legislative action or voter approval. In the event national or statewide regulations are promulgated which decriminalize or legalize the adult -use of marijuana for recreational use, this STATUTORY AGREEMENT shall govern the conduct of the property under such future regulations. WA IN WITNESS WHEREOF, the parties hereto have caused this STATUTORY AGREEMENT to be executed as of the dates written above. CITY OF BALDWIN PARK By: Manuel Lozano, Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: By: Robert N. Tafoya, City Attorney -23- FRESHMADE, LLC By: Hsiao Yu Chung Member APPROVED AS TO FORM: By: Legal Counsel for Freshmade, LLC ORDINANCE NO. 1454 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH FRESHMADE LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4517 LITTLE JOHN STREET (APN 8535-032-039) WITHIN THE CITY OF BALDWIN PARK WHEREAS, a Development Agreement with the City of Baldwin Park has been or will be executed; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on August 26, 2020, to receive comments and consider recommendation to City Council of the proposed Development Agreement; and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the City Council held or will hold a duly noticed public hearing pursuant to law on the Agreement on September 16, 2020; and WHEREAS, the City Council has reviewed the Development Agreement (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement; and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5; and WHEREAS, as required by law, the City Council will conduct a first reading to the proposed ordinance on September 16, 2020. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. In accordance with the provisions of the California Environmental Quality Act (CEQA), it has been determined that the proposed Development Agreement Projects (DA 20-04) will not have a significant impact of the environment and is Categorically Exempt pursuant to Article 19, Section 15301, Class 1, `Existing Facilities'. Furthermore the location is proposed within an existing building. SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the City's Municipal Code relating to Development Agreements: 1. The Development Agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the cannabis business is located within the I, Industrial Zone, it is anticipated that the use of the property is consistent with the other industrial uses within the area. The adoption of cannabis cultivation and manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on-going campaign with local businesses to hire local residents. This Development Agreement requires that a minimum of 20% of the businesses workforce shall consist of Baldwin Park residents. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1403 refining the measurement of distances) cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. 3. The Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The Development Agreement is in conformance with the general area and City as a whole as it is located within the I, Industrial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers, parks or youth centers. Security measures for the facility include, alarms, video surveillance, and a comprehensive employee training program. 4. The Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement (Reference Attachments #2 through #5 to the Planning Commission and City Council staff report dated September 16, 2020) is consistent with California Government Code Sections 65864-65869.5. SECTION 3. The City Council hereby approves and adopts the Development Agreement, in the form as attached hereto as Exhibit "A" and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. First read at a regular meeting of the City Council of the City of Baldwin Park held on the September 16, 2020 and adopted and ordered published at a regular meeting of said Council on the 16th day of September, 2020. PASSED, APPROVED, AND ADOPTED this 16th day of September, 2020. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, LOURDES MORALES, Chief Deputy 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 September 16, 2020. Thereafter, said Ordinance No. 1454 was duly approved and adopted at a regular meeting of the City Council on September 16, 2020 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LOURDES MORALES, Chief Deputy City Clerk ITEM NO. 10 TO: Honorable Mayor and Members of the City Council FROM: Ben Martinez, Director of Community Development "" PREPARED BY: Ron Garcia, City Planner VALLEY ',ki) JAW n� DATE: September 16, 2020 SUBJECT: A Request to the City Council from the Planning Commission on an Amendment to Development Agreement 18-14 (currently located at 15010 Arrow Highway) to add an additional location 13110 Spring Street, for a Cannabis Cultivation and Manufacturing Facility within the IC, Industrial Commercial Zone Pursuant to Ordinance 1442. (Location: 15010 Arrow Highway; Applicant: VRD Inc.; Case Number: DA -18-14) SUMMARY This report requests City Council consideration of amending Development Agreement 18-14 between the City of Baldwin Park and VRD Inc. to add an additional location 13110 Spring Street, for a Cannabis cultivation and or manufacturing facility within the I, Industrial Zone, pursuant to Ordinance 1442. RECOMMENDATION Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1455, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH VRD INC. FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 15010 ARROW HIGHWAY (APN 8535-023-011) AND 13110 SPRING STREET (APN 8535-023-025) WITHIN THE CITY OF BALDWIN PARK". FISCAL IMPACT The Development Agreement has a financial component that provides a positive fiscal impact to the City. CEQA In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined that the proposed Amendment to the Development Agreement, DA 18-14, will not have a significant impact of the environment and is Categorically Exempt pursuant to Article 19, Section 15301, Class 1, `Existing Facilities'. Furthermore the new proposed location is within an existing building. DISCUSSION Development Agreement 18-14 was originally considered by the Planning Commission on April 12, 2018. Planning Commission adopted Resolution 18-08 recommending approval to the City Council of fifteen (15) development agreements for Cannabis facilities, including DA 18-14. City Council adopted Ordinance 1423 on April 18, 2018 to authorize the City of Baldwin Park to enter into a development agreement with VRD Inc. for the cultivation and/or manufacturing of Cannabis at 4800 Littlejohn Street (APN: 8535-023-011) within the City of Baldwin Park. On January 23, 2019 the Planning Commission adopted Resolution 19-03 recommending approval to the City Council an amendment to Development Agreement 18-14 to change the location from 4802 Littlejohn Street to 15010 Arrow Highway, for a Cannabis manufacturing facility within the IC, Industrial Commercial Zone. City Council adopted Ordinance 1437 on February 2, 2019 to enter into a development agreement with VRD Inc. to change the location. On July 1, 2020, the Planning Division received an application from VRD Inc. to add an additional location at 13110 Spring Street (APN: (8535-023-025) of their approved cannabis permit located at 15010 Arrow Highway. The application included a letter describing the main reason for the request for the cultivation of Cannabis. In addition to the letter and application, an application fee, a new radius and label package, a revised site plan, a revised floor plan, a revised security plan, a revised neighborhood compatibility plan, a revised air quality plan, an environmental impact plan, and a vicinity map, were submitted. No change in principals is proposed. The Planning Division conducted the preliminary review of the new proposed site to ensure it complies with the zoning and distance requirements. The new location is within the Industrial Commercial (IC) zone and is at a distance greater than 600 feet from a school, childcare facility, youth center or park and is a distance greater than 50 feet from a residential zone On August 26, 2019 the Planning Commission adopted Resolution 20-21 recommending approval to the City Council to adopt Ordinance 1455 and amend DA 18-14 to add an additional location 13110 Spring Street, for the cultivation of adult and/or medical cannabis. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS #1 Amended DA 18-14, "Exhibit A" #2 Ordinance 1455 #3 Revised Informational Table: CAN 17-28 #4 Revised Vicinity Map #5 Planning Commission Resolution PC 20-21 #6 Amendment Application AMENDED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BALDWIN PARK AND VRD INC. ARTICLE 1. PARTIES AND DATE. A Government Code Amended Statutory Development Agreement was entered January 23, 2019 for references purposes only and is Case No. 18-14. This Government Code Amended Statutory Development Agreement is entered into between (i) the City of Baldwin Park ("City"), a California municipal corporation, and (ii) VRD INC. ("Owner") ("STATUTORY AGREEMENT"). This STATUTORY AGREEMENT shall become effective on the Effective Date defined in Section 3.1.9 below. ARTICLE 2. RECITALS. 2.1 WHEREAS, this Statutory Development Agreement is pursuant to Government Code and is intended to be a Statutory Development Agreement under and through Government Code Section 65864 et seq.; and 2.2 WHEREAS, the City is authorized pursuant to Government Code Section 65864 et seq. to enter into binding statutory development agreements with persons having legal or equitable interests in real property for the development of such property; and 2.3 WHEREAS, Owner commenced its efforts to obtain approvals and clearances to cultivate and manufacture medical and adult use cannabis in September 2017; and at that time the City determined that the uses authorized in this STATUTORY AGREEMENT were lawfully permitted and authorized to occur on Owner's Property, subject to Owner's acquisition of various entitlements, as discussed herein; and 2.4 WHEREAS, Owner voluntarily enters into this Amended STATUTORY AGREEMENT and after extensive negotiations and proceedings have been taken in accordance with the rules and regulations of the City, Owner has elected to execute this STATUTORY AGREEMENT as it provides Owner with important economic and development benefits; and 2.5 WHEREAS, this STATUTORY AGREEMENT and the Project are consistent with the City's General Plan and Zoning Code and applicable provisions of the City's applicable Zoning Map and the Baldwin Park Municipal Code as of the Agreement Date; and 2.6 WHEREAS, all actions taken and approvals given by the City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and M 2.7 WHEREAS, this STATUTORY AGREEMENT will eliminate uncertainty in planning and provide for the orderly development of the Project and/or Property, ensure progressive installation of necessary improvements, and provide for public services appropriate to the development of the Project; and 2.8 WHEREAS, in implementation of the promulgated state policy to promote private participation in comprehensive planning and to strengthen the public planning process and to reduce the economic risk of development, the City deems the implementation of this STATUTORY AGREEMENT to be in the public interest and intends that the adoption of this STATUTORY AGREEMENT be considered an exercise of the City's police powers to regulate the development of the Property during the Term of this STATUTORY AGREEMENT; and 2.9 WHEREAS, this STATUTORY AGREEMENT is consistent with the public health, safety and welfare needs of the residents of the City and the surrounding region and the City has specifically considered and approved the impact and benefits of the development of the Property in accordance with this STATUTORY AGREEMENT upon the welfare of the region; and 2.10 WHEREAS, Owner intends to develop a Cannabis Manufacturing and Cultivation Facility pursuant to the Baldwin Park Municipal Code ("BPMC") Chapter 127 and all applicable state laws, rules, and regulations; and 2.11 WHEREAS, concurrently with execution of this STATUTORY AGREEMENT, City acknowledges that Owner has been authorized to cultivate and manufacture cannabis and cannabis related products at its facility or facilities up to 22,000 square feet. 2.11.1 WHEREAS, VRD would like to add 13110 Spring Street as an additional location of their approved cannabis permit. The APN is 8535-023-025. 2.12 WHEREAS, the City entered into a Development Agreement with Rukli, Inc. to be the exclusive distributor of cannabis and cannabis related products in the City of Baldwin Park. The City is entering into development agreements with owners for permits for cultivation and manufacturing of cannabis and cannabis related products in the City of Baldwin Park. The City prohibits the sale of cannabis and cannabis related products within the City of Baldwin Park so the cannabis and cannabis related products must be distributed to and sold in cities where it is legal to do so. Rukli, Inc. shall be the exclusive distributor for the cultivation and/or manufacturing permit holders within the City of Baldwin Park and City conditions the cultivation and/or manufacturing permits on Rukli, Inc. being the exclusive distributor for any permit issued by Baldwin Park for cultivation or manufacturing unless, the City settles with Rukli and eliminates the exclusive distribution permit. In that case, this Section is null and void. ARTICLE 3. GENERAL TERMS. 3.1 Definitions and Exhibits. The following terms when used in this STATUTORY AGREEMENT shall be defined as follows: IN 3.1.1 "Agreement" means this STATUTORY AGREEMENT pursuant to Government Code Section 65864 et seq. corporation. 3.1.2 "City" means the City of Baldwin Park, a California municipal 3.1.3 "Days" mean calendar days unless otherwise specified. 3.1.4 "Dedicate" means to offer the subject land for dedication and to post sufficient bonds or other security if necessary for the improvements to be constructed including, but not limited to: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of buildings and structures, and the installation of landscaping. 3.1.5 "Development" If applicable, includes grading, construction or installation of public and private facilities and the right to maintain, repair or reconstruct any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction take place within the Term of this STATUTORY AGREEMENT on the Property. 3.1.6 "Development Approvals" If applicable, means all other entitlements for the Development of the Property, including any and all conditions of approval, subject to approval or issuance by the City in connection with Development of the Property. "Development Approvals" also include both the Existing Development Approvals and the Subsequent Development Approvals approved or issued by the City that are consistent with this STATUTORY AGREEMENT. 3.1.7 "Development Plan" If applicable, means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property for the Project, as modified and supplemented by Subsequent Development Approvals. 3.1.8 "BPMC" means the City of Baldwin Park Municipal Code. 3.1.9 "Effective Date" means the day this STATUTORY AGREEMENT is approved and adopted by the Baldwin Park City Council and signed by the Mayor of Baldwin Park or his designee. 3.1.10 "Existing Development Approvals" If applicable, means all Development Approvals approved or issued prior to or on the Effective Date. Existing Development Approvals include the approvals set forth in Section 3.1.6 and all other approvals which are a matter of public record prior to or on the Effective Date. 3.1.11 "Existing Land Use Regulations" If and where applicable, means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals. -3- 3.1.12 "Land Use Regulations" If and where applicable means all ordinances, resolutions and codes adopted by the City governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 3.1.13 "Mortgagee" If applicable, means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender and its successors - in interest. 3.1.14 "Owner" means VRD, Inc. 3.1.15 "Processing Fees" means the normal and customary application, filing, plan check, permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, and other similar permits and entitlements, and inspection fees, which fees are charged to reimburse the City's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the City. 3.1.16 "Project" If applicable means the Development of the Property contemplated by the Development Plan, as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this STATUTORY AGREEMENT. The Project shall consist of this STATUTORY AGREEMENT, the Development Plans, the application, any and all entitlements, licenses, and permits related to the Project. 3.1.17 "Property" means the property described as APN 8535-023-025, 13110 Spring Street, and the real property described as APN 8558-029-031 and identified in Section 3.4 and incorporated herein by this reference. Owner may modify the location or locations or add locations to the Property subject to City approval and all applicable zoning and distance requirements. 3.1.18 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objectives of the STATUTORY AGREEMENT. 3.1.19 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to Owner under this STATUTORY AGREEMENT and reserved to the City as described in Section 4.4. 3.1.20 "Space or Canopy Space" shall mean any space or ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre -flowering, flowering, curing and/or harvesting phases, including without limitation any space used for activities such as growing, -4- planting, seeding, germinating, lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used for storing any cannabis, no matter where such storage may take place or such storage space may be located. 3.1.21 "Subsequent Development Approvals" If applicable, means all future discretionary approvals and all ministerial Development Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements that require the provision of bonds or other securities. Subsequent Development Approvals include, but are not limited to, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other permits or approvals necessary, convenient or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as Owner may choose consistent with the Development Plan and this STATUTORY AGREEMENT. 3.1.22 "Subsequent Land Use Regulations" If applicable means any Land Use Regulations defined in Section 3.1.12 that are adopted and effective after the Effective Date of this STATUTORY AGREEMENT. 3.2 Documents. The following documents are attached to and, by this reference, are made part of this STATUTORY AGREEMENT: No. 1 — Legal Description of the Property and/or Properties. No. 2 — Map showing Property and its or their location(s). No. 3 — Application. 3.3 Binding Effect of STATUTORY AGREEMENT. The Property is hereby made subject to this STATUTORY AGREEMENT. Subject to Owner's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this STATUTORY AGREEMENT, be carried out only in accordance with the terms of this STATUTORY AGREEMENT and the Development Plan, if any. In the event of conflict or uncertainty between this STATUTORY AGREEMENT and the Development Plan, the provisions of this STATUTORY AGREEMENT shall control. 3.4 Ownership of Property. Owner represents and covenants that it has a legal 3or equitable interest in the Property at Assessor's Parcel Number 8535-023-025, 13110 Spring Street, and the Assessor's Parcel Number of 8535-023-011 which is more particularly described as 15010 Arrow Highway, Baldwin Park, California 91706. 3.5 Term. The parties agree that the Term of this STATUTORY AGREEMENT shall be fifteen (15) years commencing on the Effective Date subject to the written extension and early termination provisions described in this STATUTORY AGREEMENT. Upon termination of this STATUTORY AGREEMENT, this STATUTORY AGREEMENT -5- shall be deemed terminated and of no further force and effect, except terms that are expressly stated in this STATUTORY AGREEMENT to survive termination without the need of further documentation from the parties hereto. The STATUTORY AGREEMENT's Fee is subject to renegotiation after the first term, and every five year term thereafter. 3.5.1 Term Extension. This STATUTORY AGREEMENT may only be extended by mutual agreement of City and Owner in writing and signed by Owner and the Mayor of Baldwin Park. If the Mayor of Baldwin Park does not sign the agreement or renegotiated agreement any such agreement is null and void. 3.6 Automatic Termination. This STATUTORY AGREEMENT shall automatically terminate upon the occurrence of any of the following events: (i) Expiration of the Term of this STATUTORY AGREEMENT as set forth in Section 3.5; (ii) The entry of a final judgment (or a decision on any appeal therefrom) voiding the City's General Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the City is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal. (iii) Failure to timely pay any fees to the City. Failure to timely pay the $50,000 towards the policy salary or benefits. Failure to pay any fees due to the City under this STATUTORY AGREEMENT which includes Mitigation Fees. (iv) Failure to move forward in good faith to obtain a Certificate of Occupancy. 3.6.1 Effect of Termination. Termination of this STATUTORY AGREEMENT shall constitute termination of all land use entitlements and permits approved for the Owner and/or the Property. Upon the termination of this STATUTORY AGREEMENT, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this STATUTORY AGREEMENT which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this STATUTORY AGREEMENT. 3.7 Notices. 3.7.1 Notice Defined. As used in this STATUTORY AGREEMENT, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. 3.7.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or (ii) three days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (iii) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below; or (iv) on the date of delivery by facsimile transmission to the recipient named below if a hard copy of the notice is deposited in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows: If to the City: Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 If to Owner: VRD Inc. 4225 Via Arbolada #595 Los Angeles, CA 90042 3.7.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3.8 Validity of this STATUTORY AGREEMENT. Owner and the City each acknowledge that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this STATUTORY AGREEMENT. The parties acknowledge and agree that neither party shall allege in any administrative or judicial proceeding that the entering into or the performance of any obligations created in this STATUTORY AGREEMENT violates federal or state law, with respect to all federal, state and local statutes, ordinances or regulations in effect as of the Effective Date. 3.9 Fee. Fee means the amount(s) set by the City, negotiated with Owner, to provide City commensurate benefit based on a private benefit conferred upon Owner. Fee shall include City's cost to research cannabis and cannabis laws and regulations, draft cannabis ordinance, conduct public meetings, negotiate development agreements, process applications, and any other acts taken by the City in furtherance of medical and adult commercial use of cannabis. ARTICLE 4. DEVELOPMENT OF THE PROPERTY. 4.1 Right to Develop. Owner shall, subject to the terms of this STATUTORY AGREEMENT, develop the Property with a commercial cannabis facility in accordance with and to the extent of the Development Plan and/or application. The Property shall -7- remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan and/or application. 4.2 Effect of STATUTORY AGREEMENT on Land Use Regulations. Except as otherwise provided by this STATUTORY AGREEMENT, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be the Development Plan and/or application. Provided, however, that in approving tentative subdivision maps, the City may impose ordinary and necessary dedications for rights-of-way or easements for public access, utilities, water, sewers and drainage, having a nexus with the particular subdivision; provided, further, that the City may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of Owner's obligations thereunder. 4.3 Changes to Project. The parties acknowledge that changes to the Project or Development Approvals may be appropriate and mutually desirable. The City shall act on such applications, if any, in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority, or except as otherwise provided by this STATUTORY AGREEMENT. If approved, any such change in the Existing Development Approvals shall be considered an additional Existing Development Approval. 4.4 Reservations of Authority. Any other provision of this STATUTORY AGREEMENT to the contrary notwithstanding, the Development of the Property shall be subject to subsequently adopted ordinances, resolutions ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") on the following topics: (i) Processing Fees imposed by the City to cover the estimated or actual costs to the City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, which fees are charged to reimburse the City's lawful expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlement are granted or conducted by the City. (ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (iii) Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the City. (iv) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety; provided, however, the following shall apply: (a) That to the extent possible, such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided in this STATUTORY AGREEMENT; (b) That such regulations apply uniformly to all new development projects of the same uses within the City; and (v) Regulations that do not conflict with the Development Plan. The term "do not conflict" means new rules, regulations, and policies which: (a) do not modify the Development Plan, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of Development of the Project, the maximum height and size of proposed buildings on the Property, provisions for Dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this STATUTORY AGREEMENT, and standards for design, development and construction of the Project; (b) do not prevent Owner from obtaining any Subsequent Development Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as Owner would otherwise be entitled by the Development Plan; or (c) do not prevent Owner from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as Owner would otherwise be entitled to do so by the Development Plan. (vi) The City shall not be prohibited from applying Project Subsequent Land Use Regulations that do not affect permitted uses of the land, density, design, public improvements (including construction standards and specifications) or the rate of development of the Development, nor shall the City be prohibited from denying or conditionally approving any Subsequent Development applications on the basis of such subsequent Land Use Regulations. 4.5 Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the City possess authority to regulate aspects of the development of the Property separately from or jointly with the City, and this STATUTORY AGREEMENT does not limit the authority of such other public agencies. The City shall reasonably cooperate with other public agencies processing Development Approvals for the Project. 4.6 Tentative Subdivision Map and Development Approvals Lifespan. The term of any tentative subdivision map shall be in effect for a period of fifteen (15) years, and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code §§ 66410 et seq.) All Development Approvals shall not expire if Owner commences substantial construction of the Project within one (1) year from the Effective Date of this STATUTORY AGREEMENT. "Substantial Construction" means the issuance of a building permit in furtherance of the Project. 02 4.7 Satisfaction of Conditions of Approval. Owner shall comply with any and all conditions of approval for any entitlement, permit, or license it receives from the City. 4.8 Subsequent Entitlements. Prior to commencement of construction of the Project, Owner shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this STATUTORY AGREEMENT. 4.9 City Records Inspection. Owner acknowledges and agrees that the City is empowered to examine Owner's books and records, including tax returns. The City has the power and authority to examine such books and records at any reasonable time, including but not limited to, during normal business hours. If the City wishes to inspect the areas of the Property where the cannabis is being cultivated or manufactured, City may do so at any time with no prior notice to Owner. In addition, City agrees that all of its employees or agents which enter the cultivation, manufacturing, and curing areas shall follow all of the policies and guidelines imposed on Owner's employees, including without limitation, the wearing of any clothing or equipment to insure that no pests or impurities shall enter the cultivation and curing areas. ARTICLE 5. PUBLIC BENEFITS. 5.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this STATUTORY AGREEMENT confers substantial private benefits on Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 5.2 For the first year, Owner will pay the City a total of $220,000 as a Mitigation Fee. 5.3 In year two and year three, the Fee will increase to $12.50 per sq. foot for a total of $275,000 per year. 5.4 At the beginning of year four, Owner will pay a Fee of $15.00 per sq. foot for a total of $330,000 per year. In year five, and until the end of the contract, Owner will pay a Fee of $330,000. 5.5 The Fee schedule is as follows: The first Fee payment is due 6 months after the original STATUTORY AGREEMENT was signed by the Mayor of Baldwin Park. The second and last payment for the first year is due 6 months after the first payment. For years 2 through 15, the Fee schedule is as follows: divide the total Fee for the respective year into four and make four equal payments due at the end of each quarter. If Owner and City cannot agree to a new Fee or Fees by December 22, 2022, this STATUTORY AGREEMENT will automatically terminate on December 23, 2022. 5.6 The Fee is subject to reassessment by the City every five years. At the end of year five, the City will set a new Fee which will be applied in years 6 through 10. At the end of year 10, the City will set new Fee which will be applied in years 11 through 15. No one factor is dispositive in the City's determination of the new Fee. The Cannabis permit will expire at the close of the 151h year and will require the Owner to reapply with the City for a new permit. 5.7 Further, Owner will pay a yearly payment of $50,000 each year to the City that can be used to mitigate the impact of the cannabis business on the City and its police department and other staff which includes but is not limited to, to use to pay a part of a police officer's salary and/or benefits. This $50,000 amount will be due at the time the permit is issued. Subsequent annual payments will be due on the permit issuance anniversary date. This payment is due within thirty (30) days of issuance of the permit and thereafter on the anniversary of the issuance of the permit. 5.8 Jobs and Wage Creation. 5.8.1 Local Hiring. Owner agrees to use its reasonable efforts to hire qualified City residents for jobs at the Project. Owner shall also use reasonable efforts to retain the services of qualified contractors and suppliers who are located in the City or who employ a significant number of City residents. At least 40 percent of the Project's workforce shall consist of residents of the City. Job announcements shall be posted at City Hall, along with proof that the job announcements were advertised in at least two newspapers published, printed or distributed in the City and on various social media sites accessible to the general public. In addition, Owner shall make a good faith effort to advertise job announcements at local job fairs and on local radio 5.9 Development Agreement Administrative Fee Deposit. Owner shall be responsible for all of the City's actual costs associated with processing Development Approvals for the Project including, but not limited to, costs associated with the City's review and processing of the Project, including but not limited to reviewing the Project's entitlements, including all environmental clearance documents, permits, licenses and all documents evidencing compliance with state and local law. As such, upon issuance of its permit, Owner must deposit $15,000 with the City for the purpose of reimbursing the City for any associated costs with processing the Project, as detailed above and reimbursing the City for its actual costs incurred in drafting and processing this STATUTORY AGREEMENT. Owner will be liable for the City's actual costs incurred in processing future Development Approval applications. City acknowledges and agrees that this payment is not merely a deposit, but is a cap on the amount of the City's actual costs incurred in processing this STATUTORY AGREEMENT. ARTICLE 6. DISTRIBUTION AND TRANSPORTATION 6.1 Transportation of Cannabis. All pick ups and drop offs of cannabis and cannabis products into and out of the City of Baldwin Park shall be by the exclusive distributor, Rukli, Inc., or such other company should Rukli, Inc. no longer hold that right. Owner shall not, on its own or through any person or entity, arrange for pick ups or drop -11- offs of cannabis or cannabis products into or out of the City of Baldwin Park for any purpose, except by the exclusive distributor. 6.2 Distribution of Cannabis. Owner shall distribute its cannabis and cannabis products only through the City's exclusive distributor unless that agreement is terminated by mutual agreement. Owner shall cooperate fully with the City's exclusive distributor regarding the accounting for product, revenue and tax collection. 6.3 Owner and the City's exclusive distributor shall reach their own agreement regarding fees for the exclusive distributor's services, if applicable. ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1 Periodic Review. The City Council shall review this STATUTORY AGREEMENT annually, on or before each anniversary of the Effective Date, in order to ascertain Owner's good faith compliance with this STATUTORY AGREEMENT. During the periodic review, Owner shall be required to demonstrate good faith compliance with all the terms of the STATUTORY AGREEMENT including good faith towards getting a Certificate of Occupancy. 7.2 Special Review. The City Council may order a special review of compliance with this STATUTORY AGREEMENT at any time. The City may also inspect any Property at any time without notice. The failure by Owner to allow entry into the Property or Properties at any time is a breach of this STATUTORY AGREEMENT and could result in the termination of this STATUTORY AGREEMENT and any modifications to this STATUTORY AGREEMENT. 7.3 Review Hearing. At the time and place set for the review hearing, Owner shall be given an opportunity to be heard. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this STATUTORY AGREEMENT, the City Council may automatically terminate this STATUTORY AGREEMENT notwithstanding any other provision of this STATUTORY AGREEMENT to the contrary, or modify this STATUTORY AGREEMENT and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final, subject only to judicial review. 7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, the City Council determines that Owner is in compliance with this STATUTORY AGREEMENT, the City shall issue a Certificate of Agreement Compliance ("Certificate") to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the City Council, that (i) this STATUTORY AGREEMENT remains in effect and (ii) Owner is not in default. The City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the City Council, regardless of whether or not the Certificate is relied upon by assignees or other transferees or Owner. -12- 7.5 Failure to Conduct Review. The City's failure to conduct a periodic review of this STATUTORY AGREEMENT shall not constitute a breach of this STATUTORY AGREEMENT. 7.6 Cost of Review. The costs incurred by City in connection with the periodic reviews shall be borne by the City. The Owner is not liable for any costs associated with any City periodic review of this STATUTORY AGREEMENT. The Owner is not liable for costs incurred for reviews. ARTICLE 8. DEFAULTS AND REMEDIES. 8.1 Remedies in General. It is acknowledged by the parties that the City would not have entered into this STATUTORY AGREEMENT if it were to be liable in damages under this STATUTORY AGREEMENT, or with respect to this STATUTORY AGREEMENT or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure or delay by either party to perform any term or provision of this STATUTORY AGREEMENT shall constitute a default. In the event of alleged default or breach of any terms or conditions of this STATUTORY AGREEMENT, the party alleging such default or breach shall give the other party thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this STATUTORY AGREEMENT through any state court, except that the City shall not be liable in monetary damages, unless expressly provided for in this STATUTORY AGREEMENT, to Owner, to any mortgagee or lender, or to any successors in interest of Owner if successors in interest are permitted under this STATUTORY AGREEMENT or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest, if successors in interest are permitted under this STATUTORY AGREEMENT, to the Property or any portion thereof, not to sue for damages or claim any damages: (i) For any breach of this STATUTORY AGREEMENT or for any cause of action which arises out of this STATUTORY AGREEMENT; or (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this STATUTORY AGREEMENT, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or (iii) Arising out of or connected with any dispute, controversy or issue regarding the application or request for a permit for cultivation, manufacturing and/or distribution or interpretation or effect of the provisions of this STATUTORY AGREEMENT. Owner hereby agrees to waive and/or release the City of Baldwin Park for any claim or claims or cause of action, not specifically and expressly reserved herein, which Owner -13- may have at the time of execution of this STATUTORY AGREEMENT relating to any application to the City of Baldwin Park including but not limited to, any application for any type of distribution, cultivation or manufacturing permit, any application for any distribution, cultivation or manufacturing rights, or any application for any distribution, cultivation or manufacturing license from the City of Baldwin Park. CALIFORNIA CIVIL CODE SECTION 1542 The Owner expressly acknowledges that this STATUTORY AGREEMENT is intended to include in its effect, a waiver without limitation, of all claims or causes of actions which have arisen and of which each side knows or does not know, should have known, had reason to know or suspects to exist in their respective favor at the time of execution hereof, that this STATUTORY AGREEMENT contemplates the extinguishment of any such Claim or Claims. The Owner specifically acknowledges and waives and releases the rights granted to Owner under California Civil Code Section 1542, which states as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." By expressly waiving the rights granted to Owner under California Civil Code Section 1542, the Owner represents that they understand and acknowledge that if they have suffered any injury, damage as a result of the application for or request for any permit from the City of Baldwin Park and (i) they are not presently aware of any damage or injury, or (ii) any damage or injury has not yet manifested itself, any claims for any such damage or injury are forever released and discharged. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the exercise by the City of its power of eminent domain. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. Except as set forth in the preceding paragraph relating to eminent domain, Owner's remedies shall be limited to those set forth in this Section 8.1, Section 8.2, and Section 8.3. 8.2 Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this STATUTORY AGREEMENT and should be available to all parties for the following reasons: -14- (i) Except as provided in Section 8.1, money damages are unavailable against the City as provided in Section 8.1 above. (ii) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this STATUTORY AGREEMENT has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this STATUTORY AGREEMENT and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this STATUTORY AGREEMENT, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. 8.3 Termination of Agreement for Default of the City Owner may terminate this STATUTORY AGREEMENT only in the event of a default by the City in the performance of a material term of this STATUTORY AGREEMENT and only after providing written notice to the City of default setting forth the nature of the default and the actions, if any, required by the City to cure such default and, where the default can be cured, the City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 8.4 Attorneys' Fees and Costs. In any action or proceeding between the City and Owner brought to interpret or enforce this STATUTORY AGREEMENT, or which in any way arises out of the existence of this STATUTORY AGREEMENT or is based upon any term or provision contained herein, the "prevailing party" in such action or proceeding shall be entitled to recover from the non -prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this STATUTORY AGREEMENT, the prevailing party's reasonable attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 9.4 include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding. 8.5 Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by the City to be in default of the terms and conditions of this STATUTORY AGREEMENT until such default thereafter is cured by Owner or is waived by the City. If the City terminates this STATUTORY AGREEMENT because of Owner's default, then the City shall retain any and all benefits, including money or land received by the City hereunder. -15- ARTICLE 9. THIRD PARTY LITIGATION. 9.1 General Plan Litigation. The City has determined that this STATUTORY AGREEMENT is consistent with its General Plan. Owner has reviewed the General Plan and concurs with the City's determination. The City shall have no liability under this STATUTORY AGREEMENT or otherwise for any failure of the City to perform under this STATUTORY AGREEMENT, or for the inability of Owner to develop the Property as contemplated by the Development Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this STATUTORY AGREEMENT or any of the City's actions in adopting it were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that the STATUTORY AGREEMENT or any Development Approval is unenforceable based upon federal, state or local statutes, ordinances or regulations in effect on the Effective Date. 9.2 Hold Harmless Agreement. Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner or Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner's contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. 9.3 Indemnification. Owner shall defend, indemnify and hold harmless City and defend its agents, officers and employees against and from any and all liabilities, demands, lawsuits, claims, government claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which the City and its City Council members may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this STATUTORY AGREEMENT and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) if applicable, the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; and (iii) the proceedings or procedure undertaken in connection with the adoption or approval of any permit or any of the above. In the event of any legal or equitable action or other proceeding instituted by anyone against the City or its City Council, any third party (including a governmental entity or official) challenging the validity of any provision of this STATUTORY AGREEMENT or procedure upon which the permit was issued, or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the -16- above, the City, at is sole option, may tender to Owner and Owner agrees to accept any such tender of the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City may do so in its sole discretion and Owner will be required to pay the defense costs of the City as the costs are incurred. Owner agrees to pay any and all attorney's fees or retainer regarding the selection of counsel, and Owner shall pay all costs and all attorneys' fees related to retention of such counsel. 9.4 Environmental Contamination. Owner shall indemnify and hold the City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of the Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, the City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. The City may in its discretion participate in the defense of any such claim, action or proceeding. The provisions of this Section 9.4 do not apply to environmental conditions that predate Owner's ownership or control of the Property or applicable portion; provided, however, that the foregoing limitation shall not operate to bar, limit or modify any of Owner's statutory or equitable obligations as an owner or seller of the Property. 9.5 The City May Choose its Own Counsel. With respect to Sections 9.1 through 9.4, the City reserves the right to select its own special counsel or otherwise engages special counsel to defend the City hereunder, which fees will be paid by Owner. 9.6 Accept Reasonable Good Faith Settlement. With respect to Article 9, the City shall not reject any reasonable good faith settlement. Before accepting any such settlement offer, City shall notify Owner of the offer and provide Owner with a copy of the offer. If Owner disagrees with the City's intention to accept the offer, prior to the City's response to any offer, the parties shall meet and confer in order to attempt to resolve the parties' differences. If the City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and the City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section 9.6 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and the City expressly agree that this Section 9.6 does not apply to any settlement that requires an exercise of the City's police powers, limits the City's exercise of its police powers, or affects the conduct of the City's municipal operations. 9.7 Administrative Actions. The parties acknowledge that in the future there could be claims, enforcement actions, requests for information, subpoenas, criminal or civil actions initiated or served by either the Federal Government or the State Government in connection with Owner's development, operation and use of the Property (collectively, -17- "Actions"). The City shall not disclose information and documents to the Federal Government or State Government, its officers, or agents regarding any party to this agreement absent a grand jury subpoena, civil or administrative subpoena, warrant, discovery request, summons, court order or similar process authorized under law hereinafter called "Governmental Notice". If any Action is brought by either the Federal or State Government, City shall immediately notify Owner of the nature of the Claim including all correspondence or documents submitted to the City. Prior to responding to the Governmental Notice, City shall provide Owner ten (10) days from the date of such notice subpoena or the like to serve and obtain on the City a protective order, or the like, from a court of competent jurisdiction. 9.8 Survival. The provisions of Sections 9.1 through 9.7 inclusive, shall survive the termination or expiration of this STATUTORY AGREEMENT, until such time as the uses of the Property established in the Development Plan are permanently terminated. ARTICLE 10. THIRD PARTY LENDERS, ASSIGNMENT & SALE. 10.1 Encumbrances. The parties hereto agree that this STATUTORY AGREEMENT shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. 10.2 Lender Requested Modification/Interpretation. The City acknowledges that the lenders providing such financing may request certain interpretations and modifications of this STATUTORY AGREEMENT and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this STATUTORY AGREEMENT and as long as such requests do not minimize, reduce, curtail, negate or in any way limit City's rights under this STATUTORY AGREEMENT. 10.2.1 This permit and its benefits cannot be sold or transferred without prior written approval by the City Council. No new owners without prior written approval by the City. ARTICLE 11. MISCELLANEOUS PROVISIONS. 11.1 Entire Agreement. This STATUTORY AGREEMENT sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly contained herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this STATUTORY AGREEMENT, provided, however, City at its option may rely on -18- statements by Owner's agents at the public hearings leading to the City's approval of the project or on written documents by Owner's agents that are a part of the public record. 11.2 Severability. If any term, provision, covenant or condition of this STATUTORY AGREEMENT shall be determined invalid, void or unenforceable, by a court of competent jurisdiction, the remainder of this STATUTORY AGREEMENT shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this STATUTORY AGREEMENT. The foregoing notwithstanding, the provision of the public benefits set forth in Article 5, including the payment of the fees set forth therein, are essential elements of this STATUTORY AGREEMENT and the City would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at the City's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the development rights set forth in Article 4 of this STATUTORY AGREEMENT are essential elements of this STATUTORY AGREEMENT and Owner would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at Owner's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. 11.3 Interpretation and Governing Law. This STATUTORY AGREEMENT and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This STATUTORY AGREEMENT shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this STATUTORY AGREEMENT, since all parties were represented by counsel in the negotiation and preparation hereof. 11.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this STATUTORY AGREEMENT. 11.5 Singular and Plural; Gender, and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity. 11.6 Time of Essence. Time is of the essence in the performance of the provisions of this STATUTORY AGREEMENT as to which time is an element. 11.7 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this STATUTORY AGREEMENT by the other party, or the failure by a party -19- to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this STATUTORY AGREEMENT thereafter. 11.8 No Third Party Beneficiaries. The only parties to this STATUTORY AGREEMENT are Owner and the City. This STATUTORY AGREEMENT is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third party beneficiaries and this STATUTORY AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 11.9 INTENTIONALLY BLANK 1 l l •lam �1� 11.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 11.12 Counterparts. This STATUTORY AGREEMENT may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 11.13 Jurisdiction and Venue. Any action at law or in equity arising under this STATUTORY AGREEMENT or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this STATUTORY AGREEMENT shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of federal or state law or judicial decision providing for the filing, removal or change of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394. 11.14 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this STATUTORY AGREEMENT. No partnership, joint venture or other association of any kind is formed by this STATUTORY AGREEMENT. The only relationship between the City and Owner is that of a government entity regulating the development of private property and the owner of such property. 11.15 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this STATUTORY AGREEMENT and the satisfaction of the conditions of this STATUTORY AGREEMENT. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this STATUTORY AGREEMENT to carry out the intent and to fulfill the provisions of this Kea STATUTORY AGREEMENT or to evidence or consummate the transactions contemplated by this STATUTORY AGREEMENT. 11.16 Eminent Domain. No provision of this STATUTORY AGREEMENT shall be construed to limit or restrict the exercise by the City of its power of eminent domain. 11.17 Agent for Service of Process. In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer, resident of the State of California, or if it is a foreign corporation, then Owner shall file, upon its execution of this STATUTORY AGREEMENT, with the Chief Executive Officer or his or her designee, upon its execution of this STATUTORY AGREEMENT, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this STATUTORY AGREEMENT, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of the County of Los Angeles and such service shall constitute valid service upon Owner. Owner is amenable to the process so described, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto. 11.18 Authority to Execute. The person or persons executing this STATUTORY AGREEMENT on behalf of Owner warrants and represents that he/she/they have the authority to execute this STATUTORY AGREEMENT on behalf of his/her/their corporation, partnership or business entity and warrants and represents that he/she/they has/have the authority to bind Owner to the performance of its obligations hereunder. Owner shall each deliver to City on execution of this STATUTORY AGREEMENT a certified copy of a resolution and or minute order of their respective board of directors or appropriate governing body authorizing the execution of this STATUTORY AGREEMENT and naming the officers that are authorized to execute this STATUTORY AGREEMENT on its behalf. Each individual executing this STATUTORY AGREEMENT on behalf of his or her respective company or entity shall represent and warrant that: (i) The individual is authorized to execute and deliver this STATUTORY AGREEMENT on behalf of that company or entity in accordance with a duly adopted resolution of the company's board of directors or appropriate governing body and in accordance with that company's or entity's articles of incorporation or charter and bylaws or applicable formation documents; and (ii) This STATUTORY AGREEMENT is binding on that company or entity in accordance with its terms; and (iii) The company or entity is a duly organized and legally existing company or entity in good standing; and (iv) The execution and delivery of this STATUTORY AGREEMENT by that company or entity shall not result in any breach of or constitute a default under any -21- mortgage, deed of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound. 11.19 Nexus/Reasonable Relationship Challenges. Owner agrees that the fees imposed are in fact reasonable and related to the mitigation of the negative impacts of the business on the City and consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this STATUTORY AGREEMENT including, without limitation, any claim that the terms in this STATUTORY AGREEMENT constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, and/or impose an unlawful tax. 11.20 [RESERVED] 11.21 No Damages Relief Against City. The parties acknowledge that the City would not have entered into this STATUTORY AGREEMENT had it been exposed to damage claims from Owner, or anyone acting on behalf of Owner for any breach thereof. As such, the parties agree that in no event shall Owner, or Owners' partners, or anyone acting on behalf of Owner be entitled to recover damages against City for breach of this STATUTORY AGREEMENT. 11.22 Laws. Owner agrees to comply with all applicable state, regional, and local laws, regulations, polices and rules. In addition, Owner further agrees to comply with all issued entitlements, permits, licenses, including any and all applicable development standards. Specifically, Owner agrees to comply with all applicable provisions of BPMC. 11.23 Compliance with Conditions of Approval. Owner agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it receives from the City. All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference. 11.24 The City acknowledges that this STATUTORY AGREEMENT shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future, either by legislative action or voter approval. In the event national or statewide regulations are promulgated which decriminalize or legalize the adult -use of marijuana for recreational use, this STATUTORY AGREEMENT shall govern the conduct of the property under such future regulations. WA IN WITNESS WHEREOF, the parties hereto have caused this STATUTORY AGREEMENT to be executed as of the dates written above. CITY OF BALDWIN PARK VRD INC. M- Manuel Lozano, Mayor By: ATTEST: By: City Clerk Ren Yoneyama CEO APPROVED AS TO FORM: APPROVED AS TO FORM: By: in Robert N. Tafoya, City Attorney -23- Legal Counsel for VRD Inc. ORDINANCE NO. 1455 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A MODIFIED DEVELOPMENT AGREEMENT WITH VRD INC. FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 13110 SPRING STREET (APN 8535-023-025) AND 15010 ARROW HIGHWAY (APN 8535-023-011) WITHIN THE CITY OF BALDWIN PARK WHEREAS, a Development Agreement with the City of Baldwin Park has been executed; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on August 26, 2020, to receive comments and consider recommendation to City Council of the proposed Development Agreement; and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the City Council held a duly noticed public hearing pursuant to law on the Agreement on January 30, 2019 to approve the original Development Agreement; and WHEREAS, the City Council has reviewed the Development Agreement (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement; and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5; and WHEREAS, as required by law, the City Council will conduct a first reading to the proposed ordinance on September 16, 2020. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. In accordance with the provisions of the California Environmental Quality Act (CEQA), it has been determined that the proposed Development Agreement Projects (DA 18-14) will not have a significant impact of the environment and is Categorically Exempt pursuant to Article 19, Section 15301, Class 1, `Existing Facilities'. Furthermore the location is proposed within an existing building. SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the City's Municipal Code relating to Development Agreements: 1. The Development Agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the cannabis business is located within the I -C, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other industrial uses within the area. The adoption of cannabis cultivation and manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on-going campaign with local businesses to hire local residents. This Development Agreement requires that a minimum of 20% of the businesses workforce shall consist of Baldwin Park residents. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1403 refining the measurement of distances) cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. 3. The Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The Development Agreement is in conformance with the general area and City as a whole as it is located within the I -C, Industrial Commercial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers, parks or youth centers. Security measures for the facility include, alarms, video surveillance, and a comprehensive employee training program. 4. The Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement (Reference Attachments #2 through #5 to the Planning Commission and City Council staff report dated January 30, 2019) is consistent with California Government Code Sections 65864-65869.5. SECTION 3. The City Council hereby approves and adopts the Development Agreement, in the form as attached hereto as Exhibit "A", and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. First read at a regular meeting of the City Council of the City of Baldwin Park held on the September 16, 2020, and adopted and ordered published at a regular meeting of said Council on the 16th day of September, 2020. PASSED, APPROVED, AND ADOPTED this 16th day of September, 2020. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, LOURDES MORALES, Chief Deputy 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 September 16, 2020. Thereafter, said Ordinance No. 1455 was duly approved and adopted at a regular meeting of the City Council on September 16, 2020 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LOURDES MORALES, Chief Deputy City Clerk ITEM NO. 11 TO: Honorable Mayor and Members of the City Council T' r FROM: Lourdes Morales Chief Deputy City Clerk "" DATE: September 16, 2020 " ro�, 10 SUBJECT: Approve and Adopt Resolution No. 2020-045 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 City for the San Gabriel Valley Water Association, Independent Cities Lease Finance Authority, and the Foothill Transit Zone SUMMARY This report requests City Council selection of designated representatives and alternates as official representatives of the City for the San Gabriel Valley Water Association, Independent Cities Lease Finance Authority, and the Foothill Transit Zone. RECOMMENDATION Staff recommends that the City Council rescind Resolution 2020-037 and complete the review and appointment of delegate and alternate to the San Gabriel Valley Water Association, Independent Cities Lease Finance Authority, and the Foothill Transit Zone in Resolution No. 2020-045, 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 Currently there is a vacancy on the San Gabriel Valley Water Association, Independent Cities Lease Finance Authority, and the Foothill Transit Zone due to the resignation/retirement of former Council Member Pacheco. The appointed delegate/alternate will serve on these agencies until December 2020. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTAC H M E NTS 1. Resolution No. 2020-045 — New Appointment 2. Current Roster of City Council Appointed Delegates RESOLUTION NO. 2020-045 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. 2019-056 adopted December 4, 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 Representative: Mayor Manuel Lozano Mayor Manuel Lozano Alternate: Councilmember Ricardo Pacheco Vacant Section 2. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 — 4t" Wednesday at 1:30 p.m.; Joint Administration Office (MEMBERS RECEIVE A STIPEND — $125 per meeting) Existing Appointees New Appointees Representative: *Mayor Manuel Lozano Mayor Manuel Lozano Alternate: Councilmember 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 Councilmember Alejandra Avila Alternate: Councilmember Susan Rubio Councilmember 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 — 3rd Thursday at 8:30 a.m.; Area D Office (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: 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 — 2„d Tuesday at 7:00 p.m.; rotating Council Chambers (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Mayor Pro Tem Monica Garcia Councilmember Paul C. Hernandez Alternate: Councilmember Ricardo Pacheco Councilmember Aleiandra 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) 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 Representative: *Mayor 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 Councilmember 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) 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 Representative: Councilmember Cruz Baca Mayor Pro Tem Monica Garcia Alternate: Mayor Pro Tem Monica Garcia Councilmember Jean M. Ayala 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 Mayor Manuel Lozano Expires: 12/31/2021 per Health and Safety Code § 2024 a Alternate: Councilmember Ricardo Pacheco Mayor Pro Tem Monica Garcia *Not required Expires: 12/31/2021 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 Representative: Councilmember Cruz Baca Mayor Pro Tem Monica Garcia Alternate: Mayor Pro Tem Monica Garcia Councilmember Jean M. Ayala 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 16th day of September, 2020. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, LOURDES MORALES, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2020-045 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on September 16, 2020 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LOURDES MORALES CHIEF DEPUTY CITY CLERK City Council Appointed Delegates to Various Organizations City Council Appointed Delegates to Various Organizations City Council Appointed Delegates to Various Organizations California Contract Monica Garcia Manuel Lozano 3ra Wednesday of the month No Stipend Contact: Kelli Lofing Cities Association California Contract Cities Various Locations Association (CCCA) 17315 Studebaker Rd. #210 6:00 — 8:00 pm Cerritos, CA 90703 info@contractcities.org staff@contractcities.org Governing Board Of Manuel Lozano Modica Garda 2nd Friday of the Month $10© Contact: Esther Elliot the San Gabriel *Alternate is not Per Meeting 626-814-9466 required 1145 N. Azusa Canyon Road eelliotts vmosuito,org Valley Mosquito West Covina, CA 9.790 and hector. Control *Term Expires `e m Expires District 121.3112020 1213112020 10:00 am San Gabriel Valley Monica Garcia Jean M. Ayala 3rd Thursdays of the month at 6:00 $75 Contact: Stephanie Hernandez Council of PM Per Meeting 1000 S. Fremont Avenue A -10N, Suite 10-210 Governments Municipal Water District Unit #42 (SGVCOG) 602 E. Huntington, Suite B Alhambra, CA 91803 Monrovia, CA 91016 shernandez@sgvocog.org 626-457-1800 6:00 om AGENDA BALDWIN PARK FINANCE AUTHORITY VIRTUAL MEETING SEPTEMER 16, 2020 7:00 PM THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS In accordance with the Governor's Declarations of Emergency for the State of California (executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home Order (Executive Order N-33-20), the Baldwin Park City Council Meetings are being conducted via teleconference to limit in-person attendance. Audio Streaming will be available at: https://www.youtube.com/channeVUCFLZO dDFRiY59rhiDZ13Fp/featured?view as=subscriber http://boldwinpark.pranicus.com/ViewPublisher.php?view id=10 �AL� H U +O F F. _7 Jrw H E V, SAN G,AB R I E t✓ �v n VAt_LEY" t JAN)PN Manuel Lozano - Chair Paul C. Hernandez - Vice Chair Jean M. Ayala - Board Member Alejandra Avila - Board Member Monica Garcia - Board Member PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Se invita al publico a dirigirse al Concilio o City Council or any of its Agencies listed cualquiera otra de sus Agencias nombradas en on this agenda on any matter posted on esta agenda, para hablarsobre cualquierasunto the agenda or on any other matter within publicado en la agenda o cualquier tema que its jurisdiction. In accordance with este bajo su jurisdiccion. De acuerdo con el Chapter 39 of the Baldwin Park Municipal capitulo 39 del Codigo Municipal de la Ciudad Code, Speakers must address the de Baldwin Park, los comentaros deben se Council as a whole and refrain from dirigidos al Concilio como una sola entidad, y no making impertinent, slanderous, or ser impertinentes, difamatorios, o profanos, o profane remarks or disrupt the peace of interrumpir la paz de la reunion. the meeting. FINANCE AUTHORITY REGULAR VIRTUAL MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Jean M. Ayala, Monica Garcia, Vice Chair Paul C. Hernandez, and Chair Manuel Lozano PUBLIC COMMUNICATIONS If you wish to comment, please email your name, City of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on September 16, 2020 to comments@baldwingark. cam. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. In order to provide all with an equal opportunity to voice their concerns, staff needs time to compile and sort speaker cards received. As such, we respectfully request that you email your information between the posting of this agenda and 5:00 PM on September 16, 2020. If large numbers of persons Wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. CONSENT CALENDAR 1. Treasurer's Report — July 2020 Staff recommends that the Board receive and file the Treasurer's Report for July 2020. ADJOURNMENT CERTIFICATION 1, Lourdes Morales, Chief Deputy Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not le 5,s than 72 hours prior to the meeting. Dated this 10th day of September, 2020. 40u=sMorales, Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2` Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at Imorales(a)bald winpark. com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ITEM NO. 1 Honorable Chair and Board Members of the Financing Authority Rose Tam, Director of Finance September 16, 2020 Treasurer's Report — July 2020 SUMMARY Attached is the Treasurer's Report for the month of July 2020. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for July 2020 FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report TO: O r 'r�y ...as',,. FROM: ko DATE: JANOa SUBJECT: ITEM NO. 1 Honorable Chair and Board Members of the Financing Authority Rose Tam, Director of Finance September 16, 2020 Treasurer's Report — July 2020 SUMMARY Attached is the Treasurer's Report for the month of July 2020. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for July 2020 FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 713112020 INVESTMENT INTEREST PURCHASE MATURITY DESCRIPTION RATE DATE DATE State of California Local Agency Investment 96,468,42 SuccessorAgency 112,466:34 City dirj­domrat Fund & all other Special Revenue Funds 0.920% Varies Varies Housing Authority 0,920% Varies Varies CertiflcateofDeposit Citibank National Association (Mutual Securities) 2.66% 112512019 112612021 Barclays Bank Del (Cantella) 3.05% 121I912018 1212112020 PAR CURRENT BOOK MARKET 29,402,841A0 $ 29,402,841.40 $ 29,402,841,40 $ 2%402,841-40 14,027,67 14,027.67 14,027.67 14,027.67 29,416,869-07 29,416,869.07 29,416,869.07 29,416,869.07 250,000.00 250,000.00 250,000.0 263,150.00 250,00000 260,000.00 260,000.00 252,935.00 600,000.00 600,000,00 600,000.00 606,085.00 US Bank - Debt Service T"stge _Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 6,755,332.54 6,756,332,64 6,765,332,64 6,756,332.64 Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fund) Varies Varies Varies 1,276,624.00 1,276,624,00 11,276,624A0 1,276,624.00 8,031,956.64 8,031,966.64 0,031,966,64 8,031,056.64 Total Investments $ 37,848;825.81 Cash with Bank of the West City Checking 3,212,632.96 Money Market Plus 133,694,73 City Miscellaneous Cash 96,468,42 SuccessorAgency 112,466:34 Housing Authority 256,262.94 Financing Authority 11,700.00 Total Cash with Bank of the West 3,721,016.39 Investment Brokerage Capita Reserves (Dlvdend Option Cash) 3,823.34 Total Cash and Investments $ , 41,673,684.34 In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012. The successor agency name is "The City of Baldwin Park as Successor Agency to the Community Development Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transactions made for the month of July 2020 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tani Director of Finance AGENDA BALDWIN PARK HOUSING AUTHORITY VIRTUAL MEETING SEPTEMBER 16, 2020 7:00 PM THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS In accordance with the Governor's Declarations of Emergency for the State of California (executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home Order (Executive Order N-33-20), the Baldwin Park City Council Meetings are being conducted via teleconference to limit in-person attendance. Audio Streaming will be available at: https://www.youtube.com%hannel/UCFLZO dDFRiy59rhiDZ13Fp1featured?view as=subscriber hUP.-Ilbaldwinpark.granicus.com%ViewPublisher.php?view id=10 LD OF THE SAN rGABR] E L VALLEY' 0�'q Manuel Lozano - Chair Paul C. Hernandez - Vice Chair Alejandra Avila Board Member Jean M. Ayala - Board Member Monica Garcia - Board Member PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Se invita al publico a dirigirse al Concilio o City Council or any of its Agencies listed cualquiera otra de sus Agencias nombradas en on this agenda on any matter posted on esta agenda, para hablar sobre cualquier asunto the agenda or on any other matter within publicado en la agenda o cualquier tema que este its jurisdiction. In accordance with bajo su jurisdiccion. De acuerdo con el capitulo 39 Chapter 39 of the Baldwin Park Municipal del Codigo Municipal de la Ciudad de Baldwin Code, Speakers must address the Park, los comentaros deben se dirigidos al Council as a whole and refrain from Concilio como una sola entidad, y no ser making impertinent, slanderous, or impertinentes, difamatorios, o profanos, o profane remarks or disrupt the peace of interrumpir la paz de la reunion. the meeting. HOUSING AUTHORITY REGULAR VIRTUAL MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Jean M. Ayala, Monica Garcia, Vice Chair Paul C. Hernandez and Chair Manuel Lozano PUBLIC COMMUNICATIONS If you wish to comment, please email your name, City of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on September 16, 2020 to comments(d)baldwinpark. com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. In order to provide all with an equal opportunity to voice their concerns, staff needs time to compile and sort speaker cards received. As such, we respectfully request that you email your information between the posting of this agenda and 5:00 PM on September 16, 2020. If large numbers of persons Wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. CONSENT CALENDAR 1. Treasurer's Report — July 2020 Staff recommends that the Board receive and file the Treasurer's Report for July 2020. 2. Baldwin Park Housing Authority's Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. ADJOURNMENT CERTIFICATION 1, Lourdes Morales, Chief Deputy Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this loth day of September, 2020. Lourdes Morales, Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2"d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at lmoralesabaldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) L ITEM NO. 1 TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance SA " DATE: September 16, 2020 v�4LLEY n, SUBJECT: Treasurer's Report —July 2020 Q1 inenenw Attached is the Treasurer's Report for the month of July 2020. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for July 2020. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 713112020 INVESTMENT INTEREST PURCHASE MATURITY DESCRIPTION RATE DATE DATE State of California Local Agency Investment 96,468,42 SuccessorAgency 112,466:34 City dirj­domrat Fund & all other Special Revenue Funds 0.920% Varies Varies Housing Authority 0,920% Varies Varies CertiflcateofDeposit Citibank National Association (Mutual Securities) 2.66% 112512019 112612021 Barclays Bank Del (Cantella) 3.05% 121I912018 1212112020 PAR CURRENT BOOK MARKET 29,402,841A0 $ 29,402,841.40 $ 29,402,841,40 $ 2%402,841-40 14,027,67 14,027.67 14,027.67 14,027.67 29,416,869-07 29,416,869.07 29,416,869.07 29,416,869.07 250,000.00 250,000.00 250,000.0 263,150.00 250,00000 260,000.00 260,000.00 252,935.00 600,000.00 600,000,00 600,000.00 606,085.00 US Bank - Debt Service T"stge _Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 6,755,332.54 6,756,332,64 6,765,332,64 6,756,332.64 Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fund) Varies Varies Varies 1,276,624.00 1,276,624,00 11,276,624A0 1,276,624.00 8,031,956.64 8,031,966.64 0,031,966,64 8,031,056.64 Total Investments $ 37,848;825.81 Cash with Bank of the West City Checking 3,212,632.96 Money Market Plus 133,694,73 City Miscellaneous Cash 96,468,42 SuccessorAgency 112,466:34 Housing Authority 256,262.94 Financing Authority 11,700.00 Total Cash with Bank of the West 3,721,016.39 Investment Brokerage Capita Reserves (Dlvdend Option Cash) 3,823.34 Total Cash and Investments $ , 41,673,684.34 In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012. The successor agency name is "The City of Baldwin Park as Successor Agency to the Community Development Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transactions made for the month of July 2020 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tani Director of Finance SA, GBIE'L,,. FROM: '•. V�kLLEY :, n DATE: #5 JAB34±P� SUBJECT: SUMMARY Honorable Chair and Board Members of the Housing Authority Rose Tam, Director of Finance September 16, 2020 Baldwin Park Housing Authority's Warrants and Demands Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority was $1,015,294.70. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The July 7 to September 8, 2020 Warrant check numbers from 72347 through 72362 in the amount of $8,006.48 and Automated Clearing House (ACH) in the amount of $1,007,288.22 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Happy Check Register 2. Happy Check Register ACH Check Register Report 9/8/2020 Date Range: 07/07/2020 VMS Date Range: Program: Payment Type: Check Numbers: Direct Deposit: Check Cleared: Port Status: Zero HAPS: Voided Payments: Held Checks: 09/08/2020 Exclude Direct Deposit All Omit Port Ins Include Zero HAPs Omit Voided Payments Exclude Held Checks Grouped by: Sorted by: Program and Increment Check Number Housing Choice Voucher Check Number Check Date VMS Date ____Payee Name DD Amount ❑ 72347 07/14/2020 05/01/2020 Michele Yvette Sales ❑ $55.00 ❑ 72348 08/01/2020 08/01/2020 Bertha Cedillo ❑ $72,00 ❑ 72349 08/01/2020 08/01/2020 Vanessa G Ross ❑ $22.00 ❑ 72350 08/01/2020 08/01/2020 Nora M. Aguila ❑ $12,00 ❑ 72351 08/01/2020 08/01/2020 Annie L Henderson ❑ $17.00 ❑ 72352 08/01/2020 08/01/2020 Yesenia Viviana Elizarraras ❑ $64.00 ❑ 72353 08/01/2020 08/01/2020 Eternal Link LLC ❑ $1536.00 ❑ 72354 08/01/2020 06/17/2020 Rahmat Ray Nehdar ❑ $2395.00 ❑ 72355 08/01/2020 08/01/2020 City of Carlsbad ❑ $751.74 ❑ 72356 08/11/2020 07/01/2020 Ramiro Viramontes and Veronica ❑ $674.00 ❑ 72357 09/01/2020 09/01/2020 Bertha Cedillo ❑ $72.00 ❑ 72358 09/0112020 09/01/2020 Vanessa G Ross ❑ $22.00 ❑ 72359 09/01/2020 09/01/2020 Nora M. Aguila ❑ $12.00 ❑ 72360 09/01/2020 09/01/2020 Leticia A Aguirre ❑ $14.00 ❑ 72361 09/01/2020 09/01/2020 Eternal Link LLC ❑ $1536.00 ❑ 72362 09/01/2020 09/01/2020 City of Carlsbad ❑ $751,74 Housing Choice Voucher Total $8,006.48 Average $381.26 Unit Count 8 Average Weighted by Unit Count $888.76 Hard to House Count 1 Copyright 0 2011-2020, HAPPY Software, Inc, Check Register Report YR 09/08/2020 Page 1 Check Register Report 9/8/2020 Date Range: 0710712020... 09/08/2020 Grouped by: Program and Increment VMS Date Range: Program: - Sorted by: Check Number Payment Type: Check Numbers: ... Direct Deposit: Include Direct Deposit Check Cleared: All Port Status: Omit Port Ins Zero HAPS: Include Zero HAPs Voided Payments: Omit Voided Payments Held Checks: Exclude Held Checks Housing Choice Voucher V Check Number Check Date VMS Date Payee Name DD _ Amount ❑ 23227 07/14/2020 05/21/2020 EI Monte Housing Partners LP - The ® $2727.00 ❑ 23228 07/14/2020 05/06/2020 Everardo Garcia ® $3230.00 ❑ 23229 0711412020 07/01/2020 Roger Hin Nam Mak ® $906.00 ❑ 23230 07/14/2020 04/27/2020 TPA/NASCH LLC, Westgate as a sole ® $3039.00 [--123231 07/14/2020 07/01/2020 Jiarong Chen c/o EI Camino Property ® $416.00 ❑ 23232 07/14/2020 05/23/2020 Paul A Rourman, Rourman Properties ® $2322.00 ❑ 23233 08/01/2020 08/01/2020 Y & H Investment, Inc. ® $1635.00 [:123234 08/01/2020 08/01/2020 Eunice Property, LLC ® $1173.00 ❑ 23235 08/01/2020 08/01/2020 Dimitris Papadopoulous ® $883.00 ❑ 23236 08/01/2020 08/01/2020 Wilson Apartment Associates L.P. ® $3137,00 17123237 08/01/2020 08/01/2020 Monet Huong Nguyen ® $2070.00 17123238 08/0112020 08/01/2020 ASCENSION HOLDINGS LLC ® $1078.00 ❑ 23239 08/01/2020 08/01/2020 Tom Cinquegrani ® $145.00 ❑ 23240 08/01/2020 08/01/2020 Louis Tong 19 $1030.00 ❑ 23241 08/01/2020 08/01/2020 Mark T. Fernandez ® $413.00 ❑ 23242 08/01/2020 08/01/2020 Melody (Muol) Rao ® $1331.00 ❑ 23243 08/01/2020 08/01/2020 John W. Ruwitch and Anh Lam Truong ® $1187.00 ❑ 23244 0810112020 08/01/2020 SAE GROUP, LLC 1Z $1298.00 ❑ 23245 08101/2020 08/01/2020 Wei Zhen Su ® $570.00 [--123246 08/01/2020 08/01/2020 Mallorca Apartments, LTD ® $1105-00 ❑ 23247 08/01/2020 08/01/2020 The Sam Gurfinkel and Renee ® $1358.00 ❑ 23248 08/01/2020 08101/2020 Michael 1. or Ling Brooks ® $1249.00 ❑ 23249 08/01/2020 08/01/2020 Donna J Fails ® $746.00 ❑ 23250 08/01/2020 08/01/2020 Cipriano Salazar Jr, ® $1238.00 [:123261 08/01/2020 08/01/2020 Dung Tran ® $402.00 ❑ 23252 08/01/2020 08/01/2020 Monrovia 612, LP ® $10533.00 E:123253 08/01/2020 08/01/2020 Leslie K Ng ® $1227.00 ❑ 23254 08/01/2020 08/01/2020 Peter R Nasmyth ® $646.00 ❑ 23255 08/01/2020 08/01/2020 Quoc T. Vo ® $941.00 ❑ 23256 08/01/2020 08/01/2020 Orange County Housing Authority ® $1413.70 ❑ 23257 08/01/2020 08/01/2020 Lien Diep ® $1094.00 ❑ 23258 08/01/2020 08/01/2020 Rosa Lamas-Serratos ® $1035.00 Copyright © 2011-2020, HAPPY Software, Inc. Check Register Report YR 09/08/2020 Page 1 ❑ 23259 08/0112020 08/01/2020 Primrose Villa ® $4421.00 ❑ 23260 08/01/2020 08/01/2020 Vinh H. Lai ® $1007,00 ❑ 23261 08/01/2020 08/01/2020 Malcolm Oso ® $624.00 ❑ 23262 08/01/2020 08/01/2020 Dieu -Thug Nu Ton ® $1610,00 ❑ 23263 08/01/2020 08/01/2020 Dajojo, LLC ® $956.00 ❑ 23264 08/01/2020 08/01/2020 Lan Hua Mi Ku ® $1188.00 ❑ 23265 08/01/2020 08/01/2020 Maria Luz Rodriguez ® $1307,00 ❑ 23266 08/01/2020 08/01/2020 Dinghwa Eddy Liu ® $1362,00 [:123267 08/01/2020 08/01/2020 Billy Theodorakopoulos ® $1021,00 ❑ 23268 08/01/2020 08/01/2020 Wal Keng Tam ® $1044.00 ❑ 23269 08/01/2020 08/01/2020 Don Norwood ® $1115,00 ❑ 23270 08/01/2020 08/01/2020 Aaron Abdus Shakoor ® $1244.00 ❑ 23271 08/01/2020 08/01/2020 Ana Thai ® $929.00 ❑ 23272 08/01/2020 08/01/2020 Larry Chow ® $3430.00 [:123273 08/01/2020 08101/2020 Antonio & Aida Rinos ® $964.00 ❑ 23274 08/01/2020 08/01/2020 T & T Asset Holding, LLC ® $2692,00 ❑ 23275 08/01/2020 08/01/2020 Michael Alfred Alarcon ® $1328,00 ❑ 23276 08/01/2020 08/01/2020 Mousa Boushaaya ® $1177,00 ❑ 23277 08/01/2020 08/01/2020 Tuan Viet He ® $1855,00 ❑ 23278 08/01/2020 08/01/2020 Housing Authority Of The County Of ® $5122.91 ❑ 23279 08/01/2020 08/01/2020 Jun Ye and Ming Feng ® $1590,00 ❑ 23280 08/01/2020 08/01/2020 EI Monte Housing Partners LP -The ® $6437,00 ❑ 23281 08/01/2020 08/01/2020 Joseph T. Tung ® $1088,00 ❑ 23282 08/01/2020 08/01/2020 Alamitas LLC ® $1780.00 [--123283 08/01/2020 08/01/2020 Luan Trong Hoang ® $802.00 ❑ 23284 08/01/2020 08/01/2020 Andrew & Eva Fogg ® $936.00 ❑ 23285 08/01/2020 08/01/2020 Heritage Park Villas LP ® $15629.00 ❑ 23286 08/0112020 08/01/2020 Mohamad Tavakkoli ® $7809.00 [:123287 08101 /2020 08/01/2020 Tyler Court Associates, LP ® $509,00 E:1 23288 08/01/2020 08/01/2020 Palo Verde Apartments, LP ® $948.00 ❑ 23289 08/01/2020 08/01/2020 Ha X Van ® $2981.00 E:123290 08/01/2020 08/01/2020 Chen Jackson ® $626.00 ❑ 23291 08/01/2020 08/01/2020 Philip Tsui ® $891.00 ❑ 23292 08/01/2020 08/01/2020 Paul Yen ® $204.00 ❑ 23293 08/01/2020 08/01/2020 Mie Chen ® $2021,00 [--123294 08/01/2020 0810112020 Becky Binh Nguyet Luu or Eddie Ma ® $1578.00 [--123295 08/01 /2020 08/01/2020 Thomas Pang 19 $1169.00 ❑ 23296 08/01/2020 08/01/2020 Tinh Van Le 19 $738.00 ❑ 23297 08/01/2020 08/01/2020 Everardo Garcia ® $1138.00 0 23298 08/01/2020 08/01/2020 Ngoc T. Lieu 19 $2177.00 ❑ 23299 08/01/2020 08/01/2020 Alfred Tai -Kong He and Lisa Chen ® $861.00 ❑ 23300 08/01/2020 08/01/2020 1015 West Garvey West Covina, LP ® $614,00 ❑ 23301 08/01/2020 08/01/2020 Covina 023 Woods 206 LP c/o ® $1042.00 ❑ 23302 08/01/2020 08/01/2020 Doreen Han ® $679.00 [:123303 08/01/2020 08/01/2020 Roland Wiekamp ® $1296.00 ❑ 23304 08/01/2020 08/01/2020 PI Properties No, 94 LLC ® $957,00 Copyright OO 2011-2020, HAPPY Software, Inc. Check Register Report YR 09/08/2020 Page 2 ❑ 23305 08/01/2020 08/01/2020 AMFP IV Atrium LLC c/o Abacus ® $2350.00 ❑ 23306 08/0112020 08/01/2020 Slu Fung Mak ® $491.00 ❑ 23307 08/01/2020 08/01/2020 Baldwin Park Family Housing Limited ® $13219.00 ❑ 23308 08/01/2020 08/01/2020 Grace Chiou 0 $1212.00 ❑ 23309 08/01/2020 08/01/2020 Marina Alvarez ® $1704.00 ❑ 23310 08/01/2020 08/01/2020 Sul Man Mak ® $8$8.00 ❑ 23311 08/09/2020 08/01/2020 Henry Wong 0 $2345.00 ❑ 23312 08/01/2020 08/01/2020 Karen Lin 0 $618.00 ❑ 23313 08/01/2020 08/01/2020 West Covina Senior Villas II, LP ® $540.00 ❑ 23314 08/01/2020 08/01/2020 Dung Trung Pham and Tammy Tram ® $415.00 ❑ 23315 08/01/2020 08/01/2020 Francisco J. Sanchez and Gloria ® $919.00 ❑ 23316 08/01/2020 08/01/2020 John Young ® $1101.00 ❑ 23317 08/01/2020 08/01/2020 Blessed Rock of EI Monte ® $16910.00 ❑ 23318 08/01/2020 08/01/2020 Vintage West Covina ® $9636.00 ❑ 23319 08/01/2020 08/01/2020 Alfonso Contreras ® $425.00 ❑ 23320 08/01/2020 08/09/2020 Alta Vista Villas, LP c/o Yale ® $793.00 ❑ 23321 08/0112020 08/01/2020 Miriam Barrera ® $1923.00 ❑ 23322 08/01/2020 08/09/2020 West Covina Seniors Villas 1 ® $1711.00 ❑ 23323 08/01/2020 08/09/2020 Brook hollow Apartments ® $9621.00 ❑ 23324 08/01/2020 08/01/2020 Alexander Chan ® $1752.00 ❑ 23325 08/01/2020 08/01/2020 Kimberly U Dao ® $891.00 ❑ 23326 08/01/2020 08/01/2020 Alan Wu ® $805.00 ❑ 23327 08/01/2020 08/01/2020 Henry Ho ® $1048.00 ❑ 23328 08/01/2020 08/01/2020 PAMA IV Properties, LP ® $3374.00 ❑ 23329 08/01/2020 08/01/2020 Roger Hin Nam Mak ® $9098,00 ❑ 23330 08/01/2020 08/01/2020 LAT Investments, LLC ® $3659,00 ❑ 23331 08/01/2020 08/01/2020 Xitlalai Sanchez ® $1264.00 ❑ 23332 08/01/2020 08/01/2020 Mary L Haynes ® $998.00 ❑ 23333 08/01/2020 08/01/2020 Clinett Glazis ® $749.00 ❑ 23334 08/0112020 08/01/2020 Jim & Nancy Bailey ® $589.00 [:123335 08/01/2020 08/01/2020 Kimberly Nguyen ® $721.00 ❑ 23336 08/01/2020 08/01/2020 Hilbert Properties 11 ® $734.00 ❑ 23337 08/01/2020 08/01/2020 Joseph M. Kwok ® $2192.00 ❑ 23338 08/01/2020 08/01/2020 Mack E Titus ® $679.00 ❑ 23339 08/01/2020 08/01/2020 William J Rogers ® $986.00 ❑ 23340 08/01/2020 08/01/2020 Alejandra Gutierrez ® $599.00 ❑ 23341 08/01/2020 08/01/2020 Angelica Garcia ® $1062.00 ❑ 23342 08/01/2020 08101/2020 Sophia Wong ® $1111.00 ❑ 23343 08/01/2020 08/01/2020 Lois J Gaston ® $1538.00 ❑ 23344 08/01/2020 08/01/2020 Doan & Lily Thi ® $1650.00 ❑ 23345 08/01/2020 08/01/2020 EI Monte Affordable Housing Partner ® $162.00 ❑ 23346 08/01/2020 08/01/2020 Jose Baudelio Delgado ® $1550.00 ❑ 23347 08/01/2020 08/01/2020 Larry Mimms ® $1067.00 ❑ 23348 08/01/2020 08/01/2020 Jaime Jimenez ® $753.00 ❑ 23349 08/01/2020 08/01/2020 Guillermo Vasquez ® $919.00 ❑ 23350 08/01/2020 08/01/2020 Joe Diaz ® $1638.00 Copyright© 2011-2020, HAPPY Software, Inc. Check Register Report YR 09/08/2020 Page 3 ❑ 23351 08/01/2020 08/01/2020 Raul Varela Ayala ® $874.00 ❑ 23352 08/01/2020 08/01/2020 Fat Law ® $895.00 ❑ 23353 08/01/2020 08/01/2020 Kan Investments LTD, LLC ® $538.00 ❑ 23354 08/01/2020 08/01/2020 Dwight Chang 9 $1632.00 ❑ 23355 08/01/2020 08/01/2020 Cameron Park Community Partners, ® $1034.00 ❑ 23356 08/01/2020 08/01/2020 Jun Tang 9 $472.00 ❑ 23357 08/01/2020 08/01/2020 Thanh M Tang 0 $835.00 ❑ 23358 08/01/2020 08/01/2020 Lourdes Vela 0 $2704.00 ❑ 23359 08/01/2020 08/01/2020 Philip & Fanny Kwok ® $1127.00 ❑ 23360 08/01/2020 08/01/2020 Woodside Village Apartments LP ® $9678.00 ❑ 23361 08/01/2020 08/01/2020 Robert Lawe 9 $869.00 ❑ 23362 08/01/2020 08/01/2020 Cynthia Pham 0 $758.00 ❑ 23363 08/01/2020 08/01/2020 Fanny Chan ® $800.00 ❑ 23364 08/01/2020 08/01/2020 Baldwin Rose LP ® $1087.00 ❑ 23365 08/01/2020 08/01/2020 Kwan Chiang 0 $1148,00 ❑ 23366 08/01/2020 08/01/2020 Sergio Molina ® $275.00 ❑23367 08/01/2020 08/01/2020 Velma Alarcon 9 $1344.00 ❑ 23368 08/01/2020 08101/2020 Chuen Lau 9 $1741.00 ❑ 23369 08/01/2020 08/0112020 Tanya H Chen 0 $2089,00 ❑ 23370 08/01/2020 08/01/2020 JM Lam Investment LLC ® $874.00 ❑ 23371 08/01/2020 08/01/2020 Vijay Gulati 0 $4509.00 ❑ 23372 08/01/2020 08/01/2020 Joseph H. Garcia ® $2495.00 ❑ 23373 08/01/2020 08/01/2020 Xue Fen Xu 0 $1212.00 ❑ 23374 08/01/2020 08/01/2020 Lark Ellen Village ® $9076.00 ❑ 23375 08/01/2020 08/01/2020 Eric C. Otte 9 $762.00 ❑ 23376 08/01/2020 08/01/2020 Kim Chau ® $872.00 ❑ 23377 08/0112020 08/01/2020 Bharat B. Garg, Darshana Garg and ® $1741.00 ❑ 23378 08/01/2020 08/01/2020 Xuyen Thach Han ® $2097.00 ❑ 23379 08/01/2020 08/01/2020 EZ APT LLC ® $1351.00 ❑ 23380 08/01/2020 08/01/2020 Lucena A Ewing ® $2908.00 ❑ 23381 08/0112020 08/01/2020 Jocelyn Jae Jhong ® $2344.00 ❑ 23382 08/01/2020 08/01/2020 Virginia Carlson ® $1136.00 ❑ 23383 08/01/2020 08/01/2020 Emilio De Jesus Cruz ® $1024.00 ❑ 23384 08/01/2020 08/01/2020 Dinh Thom Tran ® $1706.00 ❑ 23385 08/01/2020 08/01/2020 Isabel R Sanchez ® $1081.00 ❑ 23386 08/01/2020 08/01/2020 Cienega Garden Apartments ® $2275.00 ❑ 23387 08/01/2020 08/01/2020 The risa LTyck ® $1180.00 ❑ 23388 08/01/2020 08/01/2020 Vinh Hong Lai ® $882.00 ❑ 23389 08101/2020 08/01/2020 Doreen E. Ewing ® $2582.00 ❑ 23390 08/01/2020 08/01/2020 Olive RE Holdings, LLC ® $3514.00 ❑ 23391 08/01/2020 08/01/2020 Moller Property Management ® $1011.00 ❑ 23392 08/01/2020 08/01/2020 TPANASCH LLC, Westgate as a sole ® $970.00 ❑ 23393 08/01/2020 08/01/2020 TDF LP - Pacific Towers c/o Winn ® $7966.00 ❑ 23394 08/01/2020 08/01/2020 Paul & Annie W Chau ® $1009.00 ❑23395 08/01/2020 08/01/2020 LEFA Trust 0 $1052.00 [:123396 08/01/2020 08/01/2020 Gilbert Dominguez ® $5481.00 Copyright O 2011-2020, HAPPY Software, Inc. Check Register Report YR 09/08/2020 Page 4 ❑ 23397 08/01/2020 08/01/2020 German Ghibaudo ® $1105.00 ❑ 23398 08/01/2020 08/01/2020 Monica Alber ® $872.00 ❑ 23399 08/01/2020 08/01/2020 Ortencia Banuelos ® $547.00 ❑ 23400 08/01/2020 08/01/2020 Up Hill investment Inc. ® $1507.00 E-123401 08/01/2020 08/01/2020 Dieu Van Huynh ® $954.00 ❑23402 08/01/2020 08/01/2020 Badillo Street Senior Apartments, LLC ® $14798.00 ❑ 23403 08/01/2020 08/01/2020 Monrovia Heritage Park LP ® $18838.00 ❑ 23404 08/01/2020 08/01/2020 Jiarong Chen c/o El Camino Property ® $1337.00 ❑ 23405 08/01/2020 08/01/2020 Los Angeles County Housing Authority ® $2992.60 ❑ 23406 08/01/2020 08/01/2020 James or Barbara Fox ® $1112.00 ❑ 23407 08/01/2020 08/0112020 Mayra Ortega ® $982.00 ❑ 23408 08/01/2020 08/01/2020 Sel Homes LLC ® $5309.00 ❑ 23409 08/01/2020 08/01/2020 Hui Chuan Wang ® $3044.00 ❑ 23410 08/01/2020 08/01/2020 725-731 W. Duarte Rd, LLC ® $2386.00 ❑ 23411 08/01/2020 08/01/2020 Nhan Nguyen and Amy Tran ® $2108,00 ❑ 23412 08/01/2020 08/01/2020 Paul P Simon ® $1050.00 ❑ 23413 08/01/2020 08/01/2020 RAMONA BLVD. FAMILY ® $5383.00 ❑ 23414 08/01/2020 08/01/2020 Maria Martha Martinez ® $2336.00 [--123415 08/01/2020 08/01/2020 Greater San Gabriel Valley Property ® $1814.00 ❑ 23416 08/01/2020 08/01/2020 Ronald & Pamela Layne ® $516.00 ❑ 23417 08/01/2020 08/01/2020 Annette C Scott ® $1472,00 ❑ 23418 08/01/2020 08/01/2020 Denise Van Pham ® $1250.00 ❑ 23419 08/01/2020 08101/2020 1024 Royal Oaks LP dba Whispering ® $12063.00 0 23420 08/01/2020 08/01/2020 Derek Sim ® $995.00 [:123421 08/01/2020 08/01/2020 Allan M, & Virginia J Chipp and Ralph ® $3367.00 0 23422 08101/2020 08/01/2020 Amparo M Limon ® $416.00 E-123423 08/01/2020 08/01/2020 2i Jian Li ® $1276.00 ❑ 23424 08/01/2020 08/01/2020 Minh A Nguyen ® $498.00 ❑ 23425 08/01/2020 08/01/2020 Jaime Barcena ® $1070.00 ❑ 23426 08101/2020 08/01/2020 Monica D Mao ® $1436.00 ❑ 23427 08/01/2020 08/01/2020 Shlu-Fin Huang ® $939.00 ❑ 23428 08/01/2020 08/01/2020 LAI MING LEUNG ® $561.00 ❑ 23429 08/01/2020 08/01/2020 The Promenade Housing Partners, LP ® $7341.00 [:123430 08/01/2020 08/01/2020 Paramjit S Nijjar ® $2857.00 ❑ 23431 08/01/2020 08/01/2020 Estate of Rosetta Mix ® $839.00 ❑ 23432 08/01/2020 08/01/2020 Rosa Beltran ® $984.00 E:123433 08/01/2020 08/0112020 James Ronald Nguyen ® $878.00 ❑ 23434 08/01/2020 08/01/2020 John Nguyen ® $931.00 ❑ 23435 08/01/2020 08/01/2020 Takis Bogris ® $684.00 ❑ 23436 08/01/2020 08/01/2020 Ynfante Holdings I, LLC ® $726.00 ❑ 23437 08/01/2020 08/01/2020 Roman Basin ® $573.00 ❑ 23438 08/01/2020 08/01/2020 Nomer Lacson ® $1098.00 ❑ 23439 08/01/2020 08/01/2020 Anna & Simon Choi ® $1320.00 ❑ 23440 08/01/2020 08/01/2020 Fenistine Nagengast ® $68.00 ❑ 23441 08/01/2020 08/01/2020 Tanya Hang Chen ® $1199.00 ❑ 23442 08/01/2020 08/01/2020 Chung Thi Pharn ® $1840.00 Copyright© 2011.2020, HAPPY Software, Inc, Check Register Report YR 09/08/2020 Page 5 0 23443 08101/2020 08/01/2020 Rosie Leon ® $869.00 ❑ 23444 08/01/2020 08/01/2020 Roy Lam ® $1052.00 ❑ 23445 08/01/2020 08/01/2020 Nancy H Shen ® $888.00 ❑ 23446 08/01/2020 08/01/2020 Olie S Johnson ® $876.00 ❑ 23447 08/01/2020 08/01/2020 Joe Clark ® $596.00 ❑ 23448 08101/2020 0810112020 Richard A DaSylveira ® $777.00 [--123449 08/01/2020 08/01/2020 Sara Romo ® $1386.00 ❑ 23450 08/01/2020 08/01/2020 Jeff Ma ® $1054.00 ❑ 23451 08/01/2020 08/01/2020 T & P Property LLC ® $830.00 ❑ 23452 08/01/2020 08/01/2020 Singing Wood Senior Housing LP ® $5940.00 ❑ 23453 08/01/2020 08/01/2020 Michael H Phuong ® $826.00 ❑ 23454 08/01/2020 08/01/2020 Sitara B. Mamdani ® $1683.00 ❑ 23455 08/01/2020 08/01/2020 Joseph Pham ® $824.00 [--123466 08/01/2020 08/01/2020 Garvey Senior Affordable Partners, LP ® $2152.00 ❑ 23457 08/01/2020 08/01/2020 Paul A Rourman, Rourman Properties ® $1014.00 ❑ 23458 08/01/2020 08/01/2020 Fred Lau ® $994.00 ❑ 23459 08/11/2020 08/01/2020 Siu Fung Mak ® $854.00 ❑ 23460 08/11/2020 06/18/2020 Gilbert Roybal ® $2667.00 ❑ 23461 08/11/2020 08/01/2020 Lucena A Ewing ® $24.00 ❑ 23462 08/11/2020 08/01/2020 Cienega Garden Apartments ® $969.00 [:123463 08/11/2020 08/01/2020 Gilbert Dominguez ® $541.00 ❑ 23464 08/11/2020 08/01/2020 Hui Chuan Wang ® $135.00 ❑ 23465 08/11/2020 06/16/2020 Shawn Hui Zhen ® $4498.00 ❑ 23466 09/01/2020 09/01/2020 Y & H Investment, Inc. ® $1635.00 ❑ 23467 09/01/2020 09101/2020 Eunice Property, LLC ® $1173.00 ❑ 23468 09/01/2020 09/01/2020 Dimitris Papadopoulous ® $840.00 ❑ 23469 09/01/2020 09/01/2020 Wilson Apartment Associates L, P. ® $3133.00 ❑ 23470 09/01/2020 09/01/2020 Monet Huong Nguyen ® $2070.00 ❑ 23471 09/01/2020 09101/2020 ASCENSION HOLDINGS LLC ® $1078.00 ❑ 23472 09/01/2020 09/01/2020 Tom Cinquegrani ® $145.00 ❑ 23473 09/01/2020 09/01/2020 Mark T. Fernandez ® $413.00 ❑ 23474 09/01/2020 09/01/2020 Melody (Muol) Dao ® $1331.00 [:123476 09/01/2020 09/01/2020 John W. Ruwitch and Anh Lam Truong ® $1187.00 ❑ 23476 09/01/2020 09/01/2020 SAE GROUP, LLC ® $1298.00 ❑ 23477 09/01/2020 09/01/2020 Wei Zhen Su ® $570.00 ❑ 23478 09/01/2020 09/01/2020 Mallorca Apartments, LTD ® $1105.00 ❑ 23479 09/01/2020 09/01/2020 The Sam Gurfinkel and Renee ® $1358.00 [:123480 09/01/2020 09/01/2020 Michael 1. or Ling Brooks ® $1249.00 ❑ 23481 09/01/2020 09/01/2020 Donna J Falls ® $734.00 ❑ 23482 09/01/2020 09/01/2020 Cipriano Salazar Jr. ® $1238.00 ❑ 23483 09/01/2020 09/01/2020 Dung Tran ® $402.00 ❑ 23484 09/01/2020 09/01/2020 Monrovia 612, LP ® $10533.00 ❑ 23485 09/01/2020 09/01/2020 Leslie K Ng ® $1227.00 ❑ 23486 09/01/2020 09/01/2020 Peter R Nasmyth ® $646.00 ❑ 23487 09/01/2020 09/01/2020 Quoc T. Vo ® $941.00 ❑ 23488 09/01/2020 09/01/2020 Orange County Housing Authority ® $1272.70 Copyright O 2011-2020, HAPPY Software, Inc. Check Register Report YR 09/08/2020 Page 6 ❑ 23489 09/01/2020 09/01/2020 Lien Diep ® $1094.00 ❑ 23490 09/01/2020 09/01/2020 Rosa Lamas-Serratos ® $1035.00 ❑ 23491 09/01/2020 09/01/2020 Primrose Villa ® $4421.00 ❑ 23492 09/01/2020 09/01/2020 Vinh H. Lai ® $1007.00 [:123493 09/01/2020 09/01/2020 Malcolm Oso ® $624.00 ❑ 23494 09/01/2020 09/01/2020 Dieu-Thuy Nu Ton ® $1610.00 ❑ 23495 09/01/2020 09/01/2020 Dajojo, LLC ® $956.00 ❑ 23496 09/01/2020 09/01/2020 Lan Hua Mi Ku ® $1188.00 ❑ 23497 09/01/2020 09/01/2020 Maria Luz Rodriguez ® $1307.00 ❑ 23498 09/01/2020 09/01/2020 Dinghwa Eddy Liu ® $1388.00 ❑ 23499 09/01/2020 09/01/2020 Billy Theodorakopoulos ® $1021.00 E-123500 09/01/2020 09/01/2020 Wai Keng Tam ® $1049.00 ❑ 23501 09/01/2020 09/01/2020 Don Norwood ® $1391.00 ❑ 23502 09/01/2020 09/01/2020 Aaron Abdus 5hakoor ® $1244.00 ❑ 23503 09/01/2020 09/01/2020 Ana Thai ® $929.00 ❑ 23504 09/01/2020 09/01/2020 Larry Chow ® $3430.00 ❑ 23505 09/01/2020 09/01/2020 Antonio & Aida Rinos ® $964.00 ❑ 23506 09/01/2020 09/01/2020 T & T Asset Holding, LLC ® $2544.00 ❑ 23507 09/01/2020 09/01/2020 Michael Alfred Alarcon ® $1328.00 ❑ 23508 09/01/2020 09/01/2020 Mousa Boushaaya ® $1177.00 [:123509 09/01/2020 09/01/2020 Tuan Viet Ho ® $1855.00 [--123510 09/01/2020 07/01/2020 Carl P Heinzen ® $4824.00 ❑ 23511 09/01/2020 09/01/2020 Housing Authority Of The County Of ® $9928.31 ❑ 23512 09/0112020 09/01/2020 Jun Ye and Ming Feng ® $1590.00 ❑ 23513 09/01/2020 09/01/2020 El Monte Housing Partners LP - The ® $6437.00 ❑ 23514 09/01/2020 09/01/2020 Joseph T. Tung ® $1088.00 ❑ 23515 09/01/2020 09/01/2020 Alamitas LLC ® $1780.00 ❑ 23516 09/01/2020 09/01/2020 Luan Trong Hoang ® $802.00 ❑ 23517 09/01/2020 09/01/2020 Andrew & Eva Fogg ® $936.00 ❑ 23518 09/01/2020 09/01/2020 Heritage Park Villas LP ® $16633.00 [:123519 09/01/2020 09/01/2020 Mohamad Tavakkoli ® $7606.00 ❑ 23520 09/01/2020 09/01/2020 Tyler Court Associates, LP ® $509.00 ❑ 23521 09/01/2020 09/01/2020 Palo Verde Apartments, LP ® $948.00 ❑ 23522 09/01/2020 09/01/2020 Ha X Van ® $2981.00 ❑ 23523 09/01/2020 09/01/2020 Chen Jackson ® $626.00 ❑ 23524 09/01/2020 09/01/2020 Philip Tsui ® $891.00 ❑ 23525 09101/2020 09/01/2020 Paul Yen ® $335.00 ❑ 23526 09/01/2020 09/01/2020 Mie Chen ® $2283.00 ❑ 23527 09/01/2020 09/01/2020 Becky Binh Nguyet Luu or Eddie Ma ® $1578.00 (:123528 09/01/2020 09/01/2020 Thomas Pang ® $1177.00 ❑ 23529 09/01/2020 09/01/2020 Tinh Van Le ® $738.00 ❑ 23530 09/01/2020 09/01/2020 Everardo Garcia ® $1483.00 ❑ 23531 09/01/2020 09/01/2020 Ngoc T. Lieu ® $2176.00 ❑ 23532 09/01/2020 09/01/2020 Alfred Tai -Kong Ho and Lisa Chen ® $861.00 ❑ 23533 09/01/2020 09/01/2020 1015 West Garvey West Covina, LP ® $614.00 ❑ 23534 09/01/2020 09/01/2020 Covina 023 Woods 206 LP c/o ® $1042.00 Copyright © 2011-2020, HAPPY Software, Inc, Check Register Report YR 09/0812020 Page 7 ❑ 23535 09/01/2020 09/01/2020 Doreen Han ® $679.00 ❑ 23536 09/01/2020 09/01/2020 Roland Wekamp ® $1296.00 ❑ 23537 09/01/2020 09/01/2020 PI Properties No. 94 LLC ® $957.00 ❑ 23538 09/01/2020 09/01/2020 AMFP IV Atrium LLC c/o Abacus ® $2350.00 ❑ 23539 09/01/2020 09/01/2020 Slu Fung Mak ® $1345.00 ❑ 23540 09/01/2020 09/01/2020 Baldwin Park Family Housing Limited ® $13219.00 ❑ 23541 09/01/2020 09/01/2020 Grace Chiou ® $1212,00 ❑ 23542 09/01/2020 09/01/2020 Marina Alvarez ® $1704.00 ❑ 23543 09/01/2020 09/01/2020 Sui Man Mak ® $888,00 ❑ 23544 09/01/2020 09/01/2020 Henry Wong ® $2345.00 ❑ 23545 09/01/2020 09/01/2020 Karen Lin ® $618.00 ❑ 23546 09/01/2020 09/01/2020 West Covina Senior Villas 11, LP ® $540.00 ❑ 23547 09/01/2020 09/01/2020 Dung Trung Pham and Tammy Tram ® $415.00 ❑ 23548 09/01/2020 09/01/2020 Francisco J. Sanchez and Gloria ® $919.00 [--123549 09/01/2020 09/01/2020 John Young ® $1101.00 [--123560 09/01/2020 09/01/2020 Blessed Rock of EI Monte ® $16910,00 E:123551 09/01/2020 09/01/2020 Vintage West Covina ® $9632.00 ❑ 23552 09/01/2020 09/01/2020 Alfonso Contreras ® $425.00 ❑ 23553 09/01/2020 09/01/2020 Alta Vista Villas, LP c/o Yale ® $793.00 ❑ 23554 09/01/2020 09/01/2020 Miriam Barrera ® $1923.00 ❑ 23555 09/01/2020 09/01/2020 West Covina Seniors Villas 1 ® $1711.00 ❑ 23556 09/01/2020 09/01/2020 Brookhollow Apartments ® $9692.00 [--123557 09/01/2020 09/01/2020 Rahmat Ray Nehdar ® $971.00 [:123558 09/01/2020 09/01/2020 Alexander Chan ® $1752.00 [--123559 09/01/2020 09/01/2020 Alan Wu ® $805.00 ❑ 23560 09/01/2020 09/01/2020 Henry Ho ® $1048.00 [--123561 09/01/2020 09/01/2020 PAMA IV Properties, LP ® $3374.00 ❑ 23562 09/0112020 09/01/2020 Roger Hin Nam Mak ® $9052.00 ❑ 23563 09/01/2020 09/01/2020 LAT Investments, LLC ® $3659.00 ❑ 23564 09/01/2020 09/01/2020 Xitlalai Rel Real Sanchez ® $1264.00 ❑ 23565 09/01/2020 09/01/2020 Mary L Haynes ® $998.00 ❑ 23566 09/01/2020 09/01/2020 Clinett Glazis ® $749.00 ❑ 23567 09101/2020 09/01/2020 Jim & Nancy Bailey ® $581.00 ❑ 23568 09/01/2020 09/01/2020 Kimberly Nguyen ® $721.00 ❑ 23569 09/01/2020 09/01/2020 Hilbert Properties 11 ® $734.00 ❑ 23570 09/01/2020 09/01/2020 Joseph M. Kwok ® $1410.00 [:123571 09/01/2020 09/01/2020 Mack E Titus ® $679,00 ❑ 23572 09/01/2020 09/01/2020 William J Rogers ® $986.00 ❑ 23573 09/01/2020 09/01/2020 Alejandra Gutierrez ® $599.00 ❑ 23574 09/01/2020 09/01/2020 Angelica Garcia ® $1062.00 ❑ 23575 09/01/2020 09/01/2020 Soph€a Wong ® $1111.00 ❑ 23576 09/01/2020 09/01/2020 Lois J Gaston ® $1538.00 [:123577 09/01/2020 09/01/2020 Doan & Lily Thi ® $1650.00 E-123578 09/01/2020 09/01/2020 El Monte Affordable Housing Partner ® $162.00 ❑ 23579 09/01/2020 09/01/2020 Jose Baudelio Delgado ® $511.00 ❑ 23580 09/01/2020 09/01/2020 Larry Mimms ® $1067.00 Copyright© 2011-2020, HAPPY Software, Inc. Check Reg(ster Report YR 09/0812020 Page 8 ❑ 23581 09/01/2020 09/01/2020 Jaime Jimenez ® $753,00 ❑ 23582 09/0112020 09/0112020 Guillermo Vasquez ® $919.00 ❑ 23583 09/01/2020 09/01/2020 Ramiro Viramontes and Veronica ® $337.00 ❑ 23584 09/01/2020 09/01/2020 Joe Diaz 9 $1638.00 [--123585 09/01/2020 09/01/2020 Raul Varela Ayala ® $874,00 ❑ 23586 09/01/2020 09/01/2020 Fat Law 0 $895.00 ❑ 23587 09/01/2020 09/01/2020 Kan Investments LTD, LLC ® $538.00 ❑ 23588 09/01/2020 09/01/2020 Dwight Chang ® $1632.00 ❑ 23589 09/01/2020 09/01/2020 Cameron Park Community Partners, ® $1034.00 ❑ 23590 09/01/2020 09/01/2020 Jun Tang 0 $472.00 ❑ 23591 09/01/2020 09/01/2020 Thanh M Tang 9 $835.00 ❑ 23592 09/01/2020 09/01/2020 Lourdes Vela 0 $2704.00 ❑ 23593 09/01/2020 09/01/2020 Gilbert Roybal ® $1096.00 ❑ 23594 09/01/2020 09/01/2020 Philip & Fanny Kwok ® $1127.00 ❑ 23595 09/01/2020 09/01/2020 Woodside Village Apartments LP ® $9917.00 ❑ 23596 09/01/2020 09/01/2020 Robert Lawe 0 $869.00 ❑ 23597 09/01/2020 09/01/2020 Cynthia Pham 9 $758.00 ❑ 23598 09/01/2020 09/01/2020 Fanny Chan ® $800.00 ❑ 23599 09/01/2020 09/01/2020 Baldwin Rose LP ® $1087.00 ❑ 23600 09/01/2020 09/01/2020 Kwan Chiang ® $1148.00 ❑ 23601 09/0112020 09/01/2020 Sergio Molina 0 $275,00 ❑ 23602 09/01/2020 09/01/2020 Velma Alarcon ® $1344.00 [:123603 09/01/2020 09/01/2020 Chuen Lau ® $1741.00 ❑ 23604 09/01/2020 09/01/2020 Tanya H Chen ® $2089.00 ❑ 23605 09/01/2020 09/01/2020 JM Lam Investment LLC ® $874.00 ❑ 23606 09/01/2020 09/01/2020 Vijay Gulati ® $4509,00 ❑ 23607 09/01/2020 09/01/2020 Joseph H. Garcia ® $2495.00 ❑ 23608 09/01/2020 09/01/2020 Xue Fen Xu ® $1212.00 ❑ 23609 09/01/2020 09/01/2020 Lark Ellen Village ® $9076.00 ❑ 23610 09/01/2020 09/01/2020 Eric C. Otte ® $762.00 ❑ 23611 09/01/2020 09/01/2020 Kim Chau ® $872,00 ❑ 23612 09/01/2020 09/01/2020 Bharat B. Garg, Darshana Garg and ® $1741.00 ❑ 23613 09/01/2020 09/01/2020 Xuyen Thach Han ® $2097.00 ❑23614 09/01/2020 09/01/2020 EZ APT LLC ® $1351,00 ❑ 23615 09/01/2020 09/01/2020 Lucena A Ewing ® $2932.00 ❑ 23616 09/01/2020 09/01/2020 Jocelyn Jae Jhong ® $2413.00 ❑ 23617 09/01/2020 09/01/2020 Virginia Carlson ® $1136.00 [--123618 09/01/2020 09/01/2020 Emilio De Jesus Cruz ® $1024.00 ❑ 23619 09/01/2020 09/01/2020 Dinh Thom Tran ® $1706.00 [:123620 09/01/2020 09/01/2020 Isabel R Sanchez ® $1081.00 ❑ 23621 09/01/2020 09/01/2020 Cienega Garden Apartments ® $3244.00 ❑ 23622 09/01/2020 09/01/2020 Therisa LTyck ® $1180,00 ❑ 23623 09/01/2020 09/01/2020 Vinh Hong Lai ® $1235,00 F-123624 09/01/2020 06/23/2020 Linh Phu and Western Sages ® $3698.00 ❑ 23625 09/01/2020 09/01/2020 Doreen E. Ewing ® $2582.00 ❑ 23626 09/01/2020 09/01/2020 Olive RE Holdings, LLC ® $3614.00 Copyright 0 2011-2020, HAPPY Software, Inc. Check Register Report YR 09/08/2020 Page 9 ❑ 23627 09/01/2020 09/01/2020 Moller Property Management ® $1011.00 ❑ 23628 09/01/2020 09/01/2020 TPA/NASCH LLC, Westgate as a sole ® $970.00 ❑ 23629 09/01/2020 09/01/2020 TDF LP - Pacific Towers c/o Winn ® $7923.00 ❑ 23630 09/01/2020 09/01/2020 Paul & Annie W Chau ® $1009.00 ❑ 23631 09/01/2020 09/01/2020 LEFATrust ® $1052.00 ❑ 23632 09/01/2020 09/01/2020 Gilbert Dominguez ® $10333.00 ❑ 23633 09/01/2020 09/01/2020 German Ghibaudo ® $1105.00 El 23634 09/01/2020 09/01/2020 Monica Alber ® $872.00 ❑ 23635 09101/2020 09/01/2020 Ortencia Banuelos ® $547,00 ❑ 23636 09/01/2020 09/01/2020 Up Hill Investment Inc. ® $1504.00 ❑ 23637 09/01/2020 09/01/2020 Dieu Van Huynh ® $954.00 ❑ 23638 09101/2020 09/01/2020 Badillo Street Senior Apartments, LLC ® $18136.00 ❑ 23639 09/01/2020 09/01/2020 Monrovia Heritage Park LP ® $20070.00 ❑ 23640 09101/2020 08/01/2020 Monrovia Heritage Park LP ® $1982,00 ❑ 23641 09/01/2020 09/01/2020 Jiarong Chen c/o El Camino Property ® $1337.00 ❑ 23642 09/01/2020 09/01/2020 Los Angeles County Housing Authority ® $13342.60 ❑ 23643 09/01/2020 06/01/2020 Los Angeles County Housing Authority ® $4845.40 [:123644 09/01/2020 09/01/2020 James or Barbara Fox ® $1112.00 ❑ 23645 09/01/2020 09/01/2020 Mayra Ortega ® $978,00 ❑ 23646 09/01/2020 09/01/2020 Sel Homes LLC ® $5309.00 ❑ 23647 09/01/2020 09/01/2020 Hui Chuan Wang ® $3179.00 [:123648 09/01/2020 09/01/2020 725-731 W. Duarte Rd, LLC ® $1667.00 [:123649 09/01/2020 09/01/2020 Nhan Nguyen and Amy Tran ® $2100.00 ❑ 23650 09/01/2020 09/01/2020 Paul P Simon ® $1050.00 ❑ 23651 09/01/2020 09/01/2020 RAMONA BLVD. FAMILY ® $5331.00 ❑ 23652 09/01/2020 09/01/2020 Maria Martha Martinez ® $2336.00 ❑ 23653 09/01/2020 09/01/2020 Greater San Gabriel Valley Property ® $1814.00 ❑ 23654 09/01/2020 09/01/2020 Ronald & Pamela Layne ® $516.00 ❑ 23655 09/01/2020 09/01/2020 Annette C Scott ® $1472.00 ❑ 23656 09/01/2020 09/01/2020 Denise Van Pham ® $1250.00 ❑ 23658 09101/2020 09/01/2020 1024 Royal Oaks LP dba Whispering ® $12063.00 ❑ 23659 09101/2020 09/01/2020 Derek Sim ® $995.00 C-123660 09/01/2020 09/01/2020 Allan M. & Virginia J Chipp and Ralph ® $3367.00 ❑ 23661 09/01/2020 09/01/2020 Amparo M Limon ® $416.00 ❑ 23662 09/01/2020 09/01/2020 Zi Jian LI ® $1276.00 ❑ 23663 09/01/2020 09/01/2020 Minh A Nguyen ® $1274.00 [:123664 09/01/2020 09/01/2020 Jaime Barcena ® $1070.00 [:123665 09/01/2020 09/01/2020 Monica D Mao ® $1436.00 ❑ 23666 09/01/2020 09/01/2020 Shiu-EIn Huang ® $939.00 ❑ 23667 09/01/2020 09/01/2020 LAI MING LEUNG ® $561.00 ❑ 23668 09/01/2020 09/01/2020 The Promenade Housing Partners, LP ® $4312.00 ❑ 23669 09/01/2020 09/01/2020 Paramjlt S Nijjar ® $2311.00 ❑ 23670 09/01/2020 09/01/2020 Estate of Rosetta Mix ® $839.00 [--123671 09/01/2020 09/01/2020 Rosa Beltran ® $984.00 E-123672 09/01/2020 09/01/2020 James Ronald Nguyen ® $878.00 ❑ 23673 09/01/2020 09/01/2020 John Nguyen ® $931,00 Copyright O 2011-2020, HAPPY Software, Inc. Check Register Report YR 09/08/2020 Page 10 ❑ 23674 09/01/2020 09/01/2020 Takis Bogris ® $684.00 ❑ 23676 09/01/2020 09/01/2020 Ynfante Holdings 1, LLC ® $726.00 ❑ 23676 09/01/2020 09/01/2020 Roman Basin ® $573.00 ❑ 23677 09/01/2020 09/01/2020 Nomer Lacson ® $1096,00 ❑ 23678 09/01/2020 09/01/2020 Anna & Simon Choi ® $1320.00 ❑ 23679 09/01/2020 09/01/2020 Fenlstine Nagengast ® $68.00 ❑ 23680 09/01/2020 09/01/2020 Tanya Hang Chen ® $1199.00 ❑ 23681 09/0112020 09/01/2020 Chung Thi Pham ® $1840.00 ❑ 23682 09/01/2020 09/01/2020 Rosie Leon ® $869.00 ❑ 23683 09/01/2020 09/01/2020 Roy Lam ® $980,00 ❑ 23684 09/01/2020 09/01/2020 Nancy H Shen ® $888.00 ❑ 23686 09/01/2020 09/01/2020 011e S Johnson ® $876.00 [:123686 09/01/2020 09/01/2020 Joe Clark ® $596.00 ❑ 23687 09101/2020 09/01/2020 Richard A aaSylveira ® $777.00 ❑ 23688 09/01/2020 09/01/2020 Sara Romo ® $1386.00 ❑ 23689 09/01/2020 09/01/2020 Jeff Ma ® $1054.00 ❑ 23690 09/01/2020 09/01/2020 T & P Property LLC ® $830.00 ❑ 23691 09/01/2020 09/01/2020 Singing Wood Senior Housing LP ® $9068.00 ❑ 23692 09/01/2020 09/01/2020 Michael H Phuong ® $826.00 ❑ 23693 09/01/2020 09/01/2020 Silam B. Mamdani ® $1683,00 E:123694 09/0112020 09101/2020 Joseph Pham ® $824.00 ❑ 23695 09/01/2020 09/01/2020 Garvey Senior Affordable Partners, LP ® $2152,00 ❑ 23696 09/01/2020 07/01/2020 Mei Yan Chen ® $3618,00 ❑ 23697 09/01/2020 09/01/2020 Paul A Rourman, Rourman Properties ® $1014.00 ❑ 23698 09101/2020 09/01/2020 Shawn Hui Zhen ® $1799.00 ❑ 23699 09/01/2020 09/01/2020 Fred Lau ® $994.00 Housing Choice Voucher Total $1,007,288.22 Average $952.07 Unit Count 998 Average Weighted by Unit Count $998.28 Hard to House Count 8 Copyright O 2011-2020, HAPPY Software, Inc. Check Register Report YR 09/08/2020 Page 11