TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Director of Community Development
Julia Sylva, Cannabis Special Counsel
DATE: October 18, 2023
SUBJECT: Adoption of Resolution No. 2023 -034 to approve Commercial Cannabis Agreement No. 23 -02 to permit a
Commercial Cannabis Cultivation Facility and auxiliary
use of self -distribution within the I -C, Industrial
Commercial Zone (Location: 5157 Azusa Canyon Road
(APN: 8413 -001-030); Applicant: Mission Creek
Ventures, LLC,; Case Number: CCA 23 -02 for CAN 22 -
01).
SUMMARY
In September 2022, the City received an application from Mission Creek Ventures (“Applicant”), requesting a permit to operate a commercial cannabis cultivation facility and auxiliary self -distribution at 5157 Azusa Canyon Road, Baldwin Park, CA; APN 8413 -001-030 (Site). After review of the application, Staff recommends that the City Council consider and approve proposed CCA No. 23 -02 between the City of Baldwin Park and Applicant (Mission Creek Ventures), to permit a commercial cannabis cultivation facility at the Site, which is located within the I-C, Industrial Commercial Zone.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2023 -034 approving Commercial Cannabis Agreement No. 23-02, subject to any non-substantive changes made by the CEO and Special Counsel.
FISCAL IMPACT
The CCA has a financial component which provides a positive fiscal impact to the City.
DISCUSSION
Staff has reviewed the Application to ensure compliance with the requirements set forth in the City’s Commercial Cannabis Ordinance (Chapter 127 of the BPMC).
The Applicant is a new company; this project will be its initial commercial canna bis cultivation venture in the State of California. Currently, this Applicant is seeking reinstatement for federal recognition as an American Indian Tribe known as the “Takhtams Mission Creek Village of Indians.” The Site is within the required zone dist rict and is at a distance greater than 600 feet from a school, childcare facility, youth center or park (“Sensitive Use Areas”). The Site is within the required zone district and is at a distance greater than 600 feet from a school, childcare facility, yo uth center or park and is a distance greater than 25 feet from a dwelling unit within a residential zone.
The Applicant proposes the following California State License Types:
-Cultivation: Type 1A Specialty Indoor
-Self Distribution: Type 13: transport-only distributor can only transport the goods applicant produces on site,
The Applicant proposes to cultivate and self -distribute commercial cannabis products in compliance with applicable laws.
The Site is locat ed within an existing Industrial Commercial Office Park. The tenant space is approximately 5,000 square feet in area and located along Azusa Canyon Road. Therefore, complying with the maximum 22,000 square feet allowed for commercial cannabis use. The interior of the existing building will undergo limited tenant improvements necessary for the commercial cannabis cultivation and self-distribution facility proposed on the Site.
The Applicant has represented that it will use approximately 4,000 square feet of the building for actual commercial cannabis cultivation and 1,000 square feet for auxiliary self-distribution use (“Premises” as defined by the State of California and the Department of Cannabis Control) which excludes common areas (exits, entrances, hallways, etc.). The community benefit fee proposed in the Commercial Cannabis Agreement between City and Applicant (“CCA”) is based upon the Premises, as defined, for this Applicant, and all other applicants in the City. As regulated by the BPMC, no e xterior signage will be permitted and no public visitation will occur as the business will not be open to the public.
Upon submittal of the Application, the Applicant paid the one -time Administrative Fee of $15,000 for the processing of the Application. The Applicant and City, and their respective counsel, negotiated a CCA, wherein, among other things, the Applicant has agreed to pay the City $175,000, as the Annual Public Benefit Fee commencing six (6) months after issuance of the Certificate of Occupan cy (COO).
The Annual Public Benefit Fee is subject to reassessment after five (5) years, provided the CCA is renewed as set forth therein.
CEQA REVIEW
In accordance with the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed CCA No. 23-02, will not have a significant impact of the environment and is categorically exempt pursuant to the California Code of Regulations, Article 19, Section 15301, Class 1, ‘existing facilities.’ Furthermore, the propo sed facility is within an existing industrial commercial building, which is in conformity with the City Planning and Land Use requirements, as set forth in the BPMC.
LEGAL REVIEW
This report has been reviewed and approved by the Special Counsel, Commercia l Cannabis Activity, as to legal form and content.
ATTACHMENTS
1. Resolution No. 2023-034
2. Exhibit “A”, Commercial Cannabis Agreement, CCA 23-02
3. Vicinity Map
Resolution 2023-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO APPROVE COMMERCIAL CANNABIS AGREEMENT 23-02 TO
PERMIT A COMMERCIAL CANNABIS CULTIVATION AND AUXILIARY SELF-DISTRIBUTION FACILITY WITHIN THE “IC,” INDUSTRIAL
COMMERCIAL ZONE (LOCATION: 5157 AZUSA CANYON ROAD; APN:
8413-001-030); APPLICANT: MISSION CREEK VENTURES, LLC., CASE NUMBER: CCA 23-02 FOR CAN 22-01).
WHEREAS, Mission Creek Ventures LLC, a California limited a liability company, (“Applicant”), submitted a Cannabis Permit Application on September 7, 2022 (“Application”), to the City of Baldwin Park (“City”) for a request to establish a commercial cannabis cultivation and auxiliary self-distribution facility within the Industrial Commercial (IC) zone, pursuant to Chapter 127 of the City of Baldwin Park Municipal Code (“BPMC”), the property is located at 5157 Azusa Canyon Road, Baldwin Park, CA (“Site”); and WHEREAS, Section 127.06 of the BPMC requires the Applicant to enter into a CCA with the City prior to operating in the City and as a condition for issuance of a business license and certificate of occupancy to operate a commercial cannabis cultivation and auxiliary self-distribution facility (collectively, “Permit”); and WHEREAS, a commercial cannabis agreement (CCA), attached as Exhibit A, was negotiated by and between the City and Applicant, and their respective counsel, which terms and conditions were mutually agreed upon; and
WHEREAS, the purpose and intent of the CCA is to set forth the terms and conditions under which the Applicant will operate a commercial cannabis cultivation and auxiliary self-distribution facility, which include, but are not limited to, payment of community benefit fees, and other fees as mutually agreed upon, automatic termination for non-payment of fees, approval of architectural plans (including site plan, floor plan and elevations) to conform with the requirements of the BPMC, and other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the City, as authorized in Chapter 127 of the BPMC; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City has determined that the proposed commercial cannabis cultivation and auxiliary self- distribution facility will not have a significant impact on the environment and is Categorically Exempt from CEQA pursuant to Article 19, Section 15301, Class 1, “Existing Facilities.” NOW, THEREFORE, IT BE RESOLVED AS FOLLOWS:
SECTION 1. The proposed use is a commercial cannabis cultivation and auxiliary self-distribution facility (collectively, “Project”). The proposed Project site is: 5157 Azusa Canyon Road; APN: 8413-001-030, which is located in the Industrial Commercial (IC) Zone pursuant to the terms defined in Chapter 127 of the BPMC. The establishment of the Project is consistent with the purpose and intent of the BPMC, the Industrial Zone and the General Plan land use designation.
CCA 23-02
October 18, 2023
SECTION 2. The City Council does hereby adopt the Findings of Fact applicable to all Commercial Cannabis Permittees:
1) The CCA 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 Project is located within the IC, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The approval of the Project 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. 2) The CCA 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 1501 allowing commercial cannabis retail) commercial cannabis activity is allowed within the City provided all of the development standards in Chapter 127 of the City’s Municipal Code are met.
3) The CCA 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 CCA is in conformance with the general area and City as a whole as it is located within the IC, Industrial Commercial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between commercial cannabis activity and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the BPMC, the commercial cannabis activity is not near any sensitive uses such as schools, day care centers, parks or youth centers.
A comprehensive security plan was provided which addresses security of the Project from all angles, thereby reducing the potential for any negative impacts from the facility on the neighborhood and the city.
4) The CCA has been freely negotiated between the Applicant and the City, and their respective counsel; the Applicant has agreed that there is no inequality in bargaining power and the CCA is not ambiguous. The Applicant has capacity to read and understand the CCA and has read and understands the terms and conditions therein. The Applicant acknowledges that the CCA is valid and fully enforceable according to its terms.
CCA 23-02
October 18, 2023
SECTION 3. Staff recommends that the City Council approve the proposed CCA for the proposed commercial cannabis cultivation facility and auxiliary self- distribution, pursuant to the Findings of Fact for CCA 23-02 identified in Section 2 of this Resolution; and
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED AND APPROVED this 18th day of October 2023.
______________________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK
I, Christopher Saenz City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2023- 034 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 18th day of October, 2023 by the following vote:
AYES:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_________________________________
Christopher Saenz
CITY CLERK
______________________________________________________________________
COMMERCIAL CANNABIS AGREEMENT
by and between
CITY OF BALDWIN PARK
and
MISSION CREEK VENTURES, LLC, a California limited liability company
Relating to
Commercial Cannabis Activity – Cultivation and Self-Distribution
______________________________________________________________________
CCA.Mission Creek Ventures, LLC
COMMERCIAL CANNABIS AGREEMENT
ARTICLE 1. PARTIES AND DATE.
This Commercial Cannabis Agreement dated October ___, 202 3 is Case No. ____________. This Agreement is entered into between (i) the CITY OF BALDWIN PARK, a California municipal corporation (“CITY”), and (ii) MISSION CREEK VENTURES, LLC, a California limited liability company ("LICENSEE") ("AGREEMENT"). This AGREEMENT shall become effective on the Effective Date defined in Section 3.1.17 below.
ARTICLE 2. RECITALS.
WHEREAS, on or about August 21, 2023, the LICENSEE submitted an applicatio n to conduct commercial cannabis activity in the CITY; namely cultivation and self-distribution.
WHEREAS, the LICENSEE seeks to conduct commercial cannabis activity in the CITY pursuant to the Baldwin Park Municipal Code Chapter 127 ("BPMC") and all applicable state laws, rules, and regulations; specifically cultivation (adult-use-small-indoor) and self-distribution; WHEREAS, the CITY and LICENSEE seek to enter into a Commercial Cannabis Agreement for the LICENSEE to conduct commercial cannabis activity in the CITY; WHEREAS, LICENSEE has demonstrated to the CITY that it has legal and/or equitable interest in the subject real property for the continued operation of commercial cannabis activity in the CITY;
WHEREAS, LICENSEE voluntarily enters i nto this AGREEMENT and after extensive negotiations and proceedings have been taken in accordance with the rules and regulations of the CITY, LICENSEE has elected to execute this AGREEMENT as it provides LICENSEE with important economic and development benefits;
WHEREAS, this AGREEMENT and the Project, as defined herein, 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; WHEREAS, this AGREEMENT shall be subject to City Council approval pursuant to a duly noticed agenda;
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;
WHEREAS this 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; WHEREAS, in an effort to implement 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 approval of this AGREEMENT to be in the public interest and intends that the approval of this AGREEMENT be considered an exercise of CCA.Mission Creek Ventures, LLC
the CITY's police powers to regulate the development of the Property, as defined herein, during the Term of this AGREEMENT;
WHEREAS this 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, as defined herein, in accordance with this AGREEMENT upon the general welfare of the region; WHEREAS, concurrently with execution of this AGREEMENT, CITY acknowledges that LICENSEE has been authorized to conduct commercial cannabis activity at its facility up to 5,000 square feet;
WHEREAS, LICENSEE’s location will be 5157 Azusa Canyon Road, Baldwin Park, CA 91706, as more fully described in Attachment No. 1, herein; and WHEREAS, this AGREEMENT has been freely negotiated between the LICENSEE and the CITY. The LICENSEE and the CITY agree that there is no inequality in bargaining power and that the AGREEMENT is not ambiguous. The LICENSEE has the capacity to read and understand this AGREEMENT and has read and understands the terms and conditions herein.
The LICENSEE and the CITY acknowledge that this AGREEMENT is valid and fully enforceable according to its terms.
WHEREAS, all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in connection with the execution and entering into this AGREEMENT do exist, have happened and have been performed in due time, form and manner as required by law, and the parties hereto are duly authorized to execute and enter into this AGREEMENT.
NOW, THEREFORE, in consideration of the promises, covenants, agreements, and understandings set forth herein, the parties agree as follows:
ARTICLE 3. GENERAL TERMS.
Definitions and Exhibits. The following terms when used in this AGREEMENT shall be defined as follows:
3.1 "Agreement" means this Commercial Cannabis Agreement.
3.2 “Application” means the CITY’s Commercial Cannabis Permit Application submitted by LICENSEE in furtherance of this AGREEMENT, upon which the CITY has relied upon in executing same, a copy of which is attached hereto as Attachment No. 3.
3.3 “BPMC” means Baldwin Park Municipal Code.
3.4 “California Cannabis Laws” means MAUCRSA, and the regulations adopted and promulgated by the State Licensing Authorities pursuant to “MAUCRSA”, as such laws and regulations may be amended from time to time.
3.5 “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude CCA.Mission Creek Ventures, LLC
or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cann abis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by Section 11018 of the California Health & Safety Code. "Cannabis" does not include the mature stalks of the plant, fiber p roduced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this agreement, “cannabis” does not mean industrial hemp as that term is defined by Section 81000 of the California Food & Agricultural Code or Section 11018.5 of the California Health & Safety Code.
3.6 “Cannabis Product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
3.7 “Certificate of Occupancy” (COO) means a document issued by the CITY stating that the Property is suitable for use and occupancy for Commercial Cannabis Activity, as defined herein, by the LICENSEE, that it is considered compliant with the building code and safety standards imposed by the CITY, and that the State has issued a commercial cannabis license to the LICENSEE to operate on the Property.
3.8 "CITY" means the CITY of Baldwin Park, a California municipal corporation.
3.9 "Commercial Cannabis Activity" has the same meaning as that term is defined under MAUCRSA and includes any legal use under MAUCRSA and the BPMC, including without limitation, cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and Cannabis Products as regulated under Chapter 5.18 of the BPMC.
3.10 "Commercial Cannabis Business License" or “License” means a regulatory license issued by the CITY pursuant to Chapter 127, et al., of the BPMC to a commercial cannabis business and is required before any Commercial Cannabis Activity may be conducted in the CITY and has the sam e meaning as that term is defined by the California Business and Professions Code§ 26001(k).
3.11 “Community Benefits” has the meaning set forth in Article 5, of this AGREEMENT.
3.12 “Community Benefit Fees” means any and all fees or monetary contributions required to be paid by Licensee, or which Licensee has committed to pay, pursuant to Article 5 of this AGREEMENT.
3.13 “Days" mean calendar days unless otherwise specified.
3.14 "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.
CCA.Mission Creek Ventures, LLC
3.15 "Effective Date" means the day this AGREEMENT is approved and adopted by the City Council of the CITY and signed by the Mayor of the CITY, or his designee.
3.16 "Existing Project Approvals" if applicable, means all Project Approvals granted or issued prior to or on the Effective Date. Existing Project Approvals include the approvals set forth in Section 3.29 and all other approvals which are a matter of public record prior to or on the Effective Date.
3.17 "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.
3.18 “Landlord Consent” if applicable, means that the fee simple absolute owner (“Property Owner”) has granted the LICENSEE with written authorization to use the Property for commercial cannabis operations. The Property Owner shall execute a separate Property Maintenance Agreement confirming it understands it obligations to lease to a commercial cannabis operator in the CITY.
3.19 “Land Use Regulations" if and where applicable, means all ordinances, resolutions, codes, policies and procedures, adopted by the CITY governing the development and use of land, including the permitted use of land, the den sity 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.
3.20 “Licensee” has the meaning set forth in the preamble of this AGREEMENT, above.
A person who has been issued a commercial cannabis business permit by the CITY, under this chapter for a licensed premise.
3.21 “Licensee’s Application” means the application form for a Commercial Cannabis Business License submitted by LICENSEE to the CITY, a copy of which is attached as Attachment No. 3.
3.22 Major Amendment” means an amendment that shall have material effect on the terms of this AGREEMENT, which shall require approval by the City Council pursuant to California law.
3.23. “MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, codified as Business and Professions Code Section 26000 et seq., as may be amended from time to time.
3.24 “Medicinal” with regard to cannabis or cannabis products means cannabis or Cannabis Products, respectively, intended to be sold or used for medicinal purposes as set forth in MAUCRSA.
3.25. “Minor Amendment” means a clerical amendment to this AGREEMENT that shall not materially affect the terms of this AGREEMENT and is subject to approval by the Chief Executive Officer.
CCA.Mission Creek Ventures, LLC
3.26 “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.
3.27 "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 ent itlements are granted or conducted by the CITY.
3.28 "Project" means the development of the Property contemplated by this AGREEMENT, as such Project may be further defined, enhanced, or modified pursuant to the provisions of this AGREEMENT. The Project shall consist of this AGREEMENT, the Application, any and all entitlements, licenses, and permits related to the Project.
3.29 "Project Approvals" if applicable, means all other entitlements for the development of the Property in furtherance of the Project, including any and all conditions of approval, subject to approval or issuance by the CITY in connection with Project. "Project Approvals" also include both the Existing Project Approvals and the Subsequent Project Approvals approved or issued by the CITY that are consistent with this AGREEMENT.
3.30 "Project 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, improve ment or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction take place within the Term of this AGREEMENT on the Property.
3.31 “Project Plan" if applicable, means the Project Approva ls and the Existing Land Use Regulations applicable to development of the Property for the Project, as modified and supplemented by Subsequent Project Approvals.
3.32 "Property" means the real property commonly known as and identified in Attachment No. 1, herein (common address, APN, and legal description of the Property), which is incorporated by this reference. LICENSEE may modify the location or locations , change locations, or add locations to the Property subject to approval by the City Council of the CITY approval and all applicable zoning and distance requirements.
3.33 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is cap able of performing or providing under the circumstances in a manner that is consistent with the intent and objective of the AGREEMENT.
3.34 “Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to LICENSEE under this AGREEMENT and reserved to the CITY as described in Section 4.4, herein.
3.35 "Space or Canopy Space" means 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, CCA.Mission Creek Ventures, LLC
cooling, aerating, fertilizing, watering, irriga ting, 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.
3.36 “State” means, collectively, the State of California and the Department of Cannabis Control of the State.
3.37 "Subsequent Project Approvals" if applicable, means all future discretionary approvals and all ministerial Project 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 Project 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 LICENSEE may choose consistent with the Project and this AGREEMENT.
3.38 "Subsequent Land Use Regulation s" if applicable, means any Land Use Regulations defined in Section 3.19, herein, that are adopted and effective after the Effective Date of this AGREEMENT.
3.39 Binding Effect of AGREEMENT . The Property is hereby subject to terms and conditions of this AGREEMENT. Subject to LICENSEE's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this AGREEMENT, be carried out only in accordance with the terms of this AGREEMENT.
3.40 Ownership of Property; Landlord Consent. LICENSEE represents and covenants that it has a legal or equitable interest in the Property, as defined herein. In the event that LICENSEE is not the fee simple absolute owner of the Property, LI CENSEE shall provide CITY with Landlord Consent. Owner shall execute the Property Owner Agreement with the CITY.
3.41 Term. The parties agree that the Term of this AGREEMENT shall be five (5) years commencing on the Effective Date subject to the written extension and early termination provisions described in this AGREEMENT. Upon termination of this AGREEMENT, this AGREEMENT shall be deemed terminated and of no further force and effect, except terms that are expressly stated in this AGREEMENT to survive t ermination without the need of further documentation from the parties hereto. The LICENSE will expire at the close of the 5 th year and will require the LICENSEE to reapply with the CITY for a new LICENSE pursuant to the renewal provisions set forth below:
3.41.1 AGREEMENT Renewal . The Chief Executive Officer (CEO) shall determine whether to renew the AGREEMENT for an additional five (5) years. The CEO shall use the CCA Checklist, attached hereto, to determine renewal of the AGREEMENT. If the CEO determines to renew, the AGREEMENT shall be forwarded to the City Council for formal approval as a consent calendar item.
3.41.2. Non-Renewal of AGREEMENT/Cure Period. If the CEO determines not to renew the AGREEMENT; he/she shall provide the LICENSEE with ability to remedy and/or CCA.Mission Creek Ventures, LLC
cure the deficiencies set forth in the CCA Checklist, attached hereto, to be cured within sixty (60) days from date of written notice of Non -Renewal from the CEO to the LICENSE E. If the LICENSEE does not cure within the sixty (60) day period, the AGREEMENT shall not be renewed.
3.41.3. Appeal to the City Council. The LICENSEE shall appeal any Non-Renewal of AGREEMENT of the CEO to the City Council, within sixty (60) days from written notice of Non- Renewal. The decision of the City Council re Non -Renewal of AGREEMENT shall be final and binding.
3.42 Extension of Term . This AGREEMENT may only be extended by mutual agreement of CITY and LICENSEE in writing, following approval by the City Council, and signed by Mayor and the LICENSEE. If the City Council does not approve such an extension, any such agreement is null and void.
3.43 Automatic Termination. This AGREEMENT shall automatically terminate upon the happening of any of the following material events:
(a) Abandonment and/or Surrender by LICENSEE of State and/or CITY License that abandons and/or surrenders the License to operate commercial cannabis activity in the CITY.
(b) Expiration of the Term of this AGREEMENT as set forth in Section 3.41, herein, unless renewed by the CITY, as set forth in Section 3.41.1, above. (c) The entry of a final judgment (or a decision on any appeal therefrom) voiding the C ITY’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.
(d) Failure of LICENSEE to timely pay any fees or monies due to the CITY including, but not limited to, failure to timely pay the Annual Community Benefit Fee as set forth in Section 5.3, herein and failure to pay the Administrative Fee as set forth in Section 5.7, herein. If fees are not paid on a timely basis, the CITY may, in its sole and absolute discretion, terminate this AGREEMENT without any need for a public hearing and without any opportunity to be heard by anyone. There is no opportunity to cure and no opportunity to be heard available for failure to pay fees as set forth herein. Accordingly, Section 7.3 (Review Hearing) and Section 8.1.5 (Cure Period) do not apply to LICENSEE for failure to pay fees as set forth herein, because LICENSEE agrees herein that CITY may, in its sole and absolute discretion, terminate immediately and automatically, without due process.
(e) Failure to move forward in a timely way and in good faith to obtain all necessary permits and approvals and to timely get a Certificate of Occupancy (COO) and begin operating your commercial cannabis activity in the CITY. In no event shall the C OO take longer than one (1) year to acquire from the date the Mayor signs this AGREEMENT. If the COO is not acquired by LICENSEE within the one (1) as described in this section, this AGREEMENT may, in its sole and absolute discretion, automatically and immediately terminated with no further notice. Accordingly, Section 7.3 (Review Hearing) and Section 8.1.5 (Cure Period) do not apply to a failure to timely pursue and obtain all necessary permits and approvals in order to get a COO because the City may, in its sole and absolute discretion, terminate immediately and automatically for such failures.
CCA.Mission Creek Ventures, LLC
(f) Regulatory and/or Bureaucratic Delays will not trigger the automatic termination in this Section 3.43.
3.44 Effect of Automatic Termination. The Automatic Termination of this AGREEMENT (as set forth in section 3.43, above) shall constitute termination of all land use entitlements and permits approved for the LICENSEE and/or the Property. The CITY may, in its sole and absolute discretion, “red tag ” the subject premises and LICENSEE shal l be prohibited from conducting any further commercial cannabis activity in the C ITY on the subject premises. Upon the termination of this 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 AGREEMENT, which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set fo rth as surviving this AGREEMENT. In the event of abandonment and/or surrender of License by LICENSEE, LICENSEE shall pay all fees due and payable to the CITY, up to date of abandonment and/or surrender.
3.45. CITY shall immediately notify the State of C alifornia, Department of Commercial Cannabis Control (DCC), and any other applicable regulatory agency(ies) of any termination of this AGREEMENT.
3.46 Notices.
3.46.1 Notice Defined. As used in this 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.
3.46.2 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 three (3) days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or
(ii) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below; or
(ii) 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
With copy to:
Office of the City Attorney
14403 E. Pacific Avenue
Baldwin Park, CA 91706
CCA.Mission Creek Ventures, LLC
If to LICENSEE:
Mission Creek Ventures, LLC
5157 Azusa Canyon Road
Baldwin Park, CA 91706
with copy to:
Bruce Ishimatsu
Counsel, Mission Creek Ventures, LLC
Ishimatsu Law Group, P.C.
4712 Admiralty Way, No. 1012
Marina del Rey, CA 90292-6905
3.46.3 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.
3.47 Validity of this AGREEMENT . LICENSEE 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 provisio ns of this 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 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.
3.48 Fee. Fee means the Community Benefits Fee and the Administrative Fee, set by the CITY, negotiated with LICENSEE, at arms-length, to p rovide CITY commensurate benefit based on a private benefit conferred upon LICENSEE. Fee shall include CITY’s cost to research commercial cannabis and commercial cannabis laws and regulations, draft commercial cannabis ordinance, conduct public meetings, n egotiate development agreements, process applications, and any other acts taken by the CITY in furtherance of medical and adult commercial use of cannabis.
3.49 Commercial Cannabis Banking. The CITY will not accept cash payments for any fees or costs associated with this AGREEMENT. LICENSEE shall establish a banking relationship with a bank that allows for payments to the CITY via company check, cashier’s check, or money order. Alternatively, LICENSEE, may wire funds and/or ACH directly to the CITY.
3.50 Documents Attached . The following documents are attached to and, by this reference, are made part of this AGREEMENT:
No. 1 – Legal Description of the Property and/or Properties.
No. 2 – Map showing Property and its or their location(s).
No. 3 – CITY Cannabis Permit Application Form (no attachments required).
No. 4 – Landlord Consent, see separate Property Owner Agreement.
No. 5 – Personal Guaranty or Performance Bond, as appropriate.
CCA.Mission Creek Ventures, LLC
No. 6 -- Project Plan.
No. 7 –Three years revenue projections from date of execution of AGREEMENT.
No. 8 – Community Benefit Plan.
No. 9 – California State License Type (Cultivation-adult, small-indoor, and/or Cultivation- adult use, medium-indoor).
ARTICLE 4. COMMERCIAL CANNABIS PROJECT.
4.1 Right to Develop . LICENSEE shall, subject to the terms of this AGREEMENT, develop the Property with a commercial cannabis facility in accordance with and to the extent of the Application. The Property shall remain subject to all Subsequent Project Approvals required to complete the Project as contemplated by the Application.
4.2 Effect of AGREEMENT on Land Use Regulations . Except as otherwise provided by this 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 bu ildings, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be the 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 LICENSEE's obligations thereunder.
4.3 Changes to Project. The parties acknowledge that changes to the Project 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 AGREEMENT. If approved, any such change in the Existing Development Approvals shall be considered an additional Existing Project Approval.
4.4 Reservations of Authority. Any other provision of this AGREEMENT to the contrary notwithstanding, the Project 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 the Project or for monitoring compliance with any requirements for approval, 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 t ime 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 CCA.Mission Creek Ventures, LLC
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 LICENSEE with the rights and assurances pr ovided in this AGREEMENT.
(b) That such regulations apply uniformly to all new development projects of the same uses within the CITY.
(v) Regulations that do not conflict with the Project. The term "do not conflict" means new rules, regulations, and policies which: (a) do not modify the Project, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing 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 AGREEMENT, and standards for design, development and construction of the Project; (b) do not prevent LICENSEE from obtaining any Subsequent Project Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such cir cumstances as LICENSEE would otherwise be entitled by the Project; or (c) do not prevent LICENSEE 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 LICENSEE would otherwise be entitled to do so by the Development Plan.
(vi) The CITY shall not be prohibited from applying 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 Project 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 Project, separately from or jointly with the CITY, including, bu t not limited to the Los Angeles County Health Department, the Los Angeles County Fire Department, and the STATE. This AGREEMENT does not limit the authority of such other public agencies. The CITY shall reasonably cooperate with such other public agencies processing Project Approvals.
4.6 Tentative Subdivision Map and Project Approvals Lifespan . The term of any tentative subdivision map shall be in effect for a period of fi ve (5) years and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code §§ 66410 et seq.), and any AGREEMENT Renewal, as set forth herein. All Project Approvals shall not expire if LICENSEE commences Substantial Construction of the Project within one (1) year from the Effective Date of this AGREEMENT, which period shall be tolled during any necessary applications for permits or other local entitlements, that are within the control of the LICENSEE; CCA.Mission Creek Ventures, LLC
otherwise no tolling period. "Substantial Construction" means the issuance of a building permit in furtherance of the Project.
4.7 Satisfaction of Conditions of Approval . LICENSEE 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 co nstruction of the Project, LICENSEE shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this AGREEMENT.
4.9 CITY Records Inspection. LICENSEE acknowledges and agrees that the CITY is empowered to examine LICENSEE's books and records. The CITY has the power and authority to examine such books and records at any reasonable time, with seventy-two (72) hours written notice, including but not limited to, during normal business hours; provided however, that should the CITY elect to examine LICENSEE’s books and records more than one (1) time per calendar year, LICENSEE shall only bear the co sts of such review in the initial instance, and the costs of any subsequent examination(s) shall be borne solely by the CITY. CITY shall keep all books and records strictly confidential. If the CITY wishes to inspect the areas of the Property where the commercial cannabis is being cultivated, CITY may do so at any time with no prior notice to LICENSEE. In addition, CITY agrees that all of its employees or agents which enter the cultivation facility shall follow all of the policies and guidelines imposed on LICENSEE's employees, including without limitation, the wearing of any clothing or equipment to ensure that no pests or impurities shall enter the cultivation areas.
4.10 Commencement of Project by LICENSEE . Within six (6) months after the execution of this AGREEMENT, LICENSEE shall commence the submittal of applications for and use entitlements, permits, etc. If LICENSEE fails to apply to CITY for entitlements, permits, etc., within six (6) months from the execution of the AGREEMENT, CITY shall have the right to Termination of the AGREEMENT, and may avail itself of any other remedies, as set forth herein.
The CITY, it its sole and absolute discretion, may grant extensions to the LICENSEE to comply with this subsection, provided the LICENSEE demonstrates a good faith attempt to seek entitlements, permits, etc.
4.11 Audit. LICENSEE acknowledges and agrees that the CITY is empowered to audit LICENSEE's books and records, with written notice of seventy-two (72) hours.
ARTICLE 5. COMMUNITY BENEFITS.
5.1 Intent. The parties acknowledge and agree that the Project will result in substantial public needs and further acknowledge and agree that this AGREEMENT confers substantial private benefits on LICENSEE, which should be balanced by commensurate public benefits.
Accordingly, the parties intend to provide consideration to the community to balance the private benefits conferred on LICENSEE by providing more fully for the satisfaction of the public needs resulting from the Project. The Parties further acknowledge and agree that the LICENSE confers substantial private benefits on the LICENSEE that will impose burdens on the CITY’s infrastructure, maintenance, repair, safety, services, traffic, noise, pollution, etc., and that the private benefits provided to the LICENSEE should be balanced with commensurate public benefits for the community (“Community Benefits”).
CCA.Mission Creek Ventures, LLC
5.2 Community Benefits. LICENSEE agrees to provide Community Benefits as set forth in the Community Benefits Plan submit by LICENSEE with the Application. All commitments made by LICENSEE in the Application, inclusive of the Community Benefits Plan are incorporated into this AGREEMENT as if fully set forth in this AGREEMENT Attachment 8. The LICENSEE agrees that the Community Benefits Fee, which has been set by the City Council, is deemed fair and reasonable, and that full p ayment of such fees is required by LICENSEE under this AGREEMENT.
5.3 Annual Community Benefits Fee. LICENSEE agrees to pay the CITY an annual Community Benefits Fee in the amount of one -hundred seventy -five thousand dollars ($175,000.00), which is based upon the “Premises” as defined in California Code of Regulations Section 15006. The Annual Community Benefits Fee may be paid in lump sum or in quarterly payments, as agreed upon by the parties.
5.4 Community Benefits Fee Schedule . LICENSEE shall commence payment of the Annual Community Benefits Fee to the CITY six (6) months after issuance of the Certificate of Occupancy from the CITY (COO).
5.5 Non-Payment Penalty. Failure to pay the Annual Community Benefits Fee, in lump sum, or in quarterly installments, as agreed upon, within thirty (30) days after the due date, shall result in a penalty for nonpayment in a sum equal to five percent (5%) of the total amount due and shall be referred to a City -selected independent collection agency, which shall subject LICENSEE to an additional nineteen percent (19%) collection fee.
5.6 Reassessment of Community Benefits Fee . The Community Benefits Fee is subject to reassessment by the CITY every five (5) years, after execution of the AGREEMENT. If this AGREEMENT is renewed, a t the end of year five (5), the CITY will set a new Community Benefits Fee which will be applied in years 6 through 10. At the end of year 10, if th is AGREEMENT is renewed, the CITY will set new Community Benefits Fee which will be applied in years 11 through 15. No one factor is dispositive in the CITY’s determination of reassessment of the Community Benefits Fee.
5.7 Administrative Fee Deposit . The Administrative Fee is a regulatory fee that LICENSEE shall be responsible for to compensate the CITY for all of the CITY's actual costs associated with processing, issuance, and compliance of the Project Approvals including, but not limited to, staff review of Project entitlements, including all environmental clearance documents, permits, licenses , and all documents evidencing compliance with state and local law , a nd Consultant and City Attorney Fees. As such, upon submittal of the application to the CITY for Project entitlements, LICENSEE must deposit of _____________________ dollars ($_________) with the CITY for the purpose of reimbursing the CITY for a ll actual costs associated with the Project, as detailed above, and reimbursing the CITY for its actual costs incurred in processing future Project approvals and/or applications, and compliance by the State or the CITY. CITY and LICENSEE acknowledge and agree that this payment is only a deposit and LICENSEE will be requested to deposit additional funds, as needed, in increments of _____ _________ dollars ($________); this is not a cap on the amount of the CITY's actual costs incurred in processing this AGREEMENT. LICENSEE who has already processed its application is not subject to an additional Administrative Fee Deposit , provided there is no expansion or other alteration to the business that requires staff time.
5.8 Possible Tax on Gross Receipts. In the event that an initiative is adopted by the voters of the CITY to impose a tax based on gross receipts or any other method of taxation, on CCA.Mission Creek Ventures, LLC
LICENSEE to conduct commercial cannabis activity in the CITY, LICENSEE shall only be responsible for payment of the Community Benefit Fee or a tax, but not both.
5.9 Project Plan. LICENSEE shall provide a detailed Project Plan if LICENSEE has not already submitted a Project Plan in its Business Plan as part of its CITY Cannabis Permit Application Form.
5.10 Financial Projections. Three (3) years of Financial Projections will be provided with the AGREEMENT. Thereafter annual Financial Projections will be provided on the anniversary of the execution of this Agreement.
5.11 Jobs and Wage Creation.
5.11.1. Local Hiring. LICENSEE agrees to use its reasonable, good faith, efforts to hire qualified CITY residents for jobs at the Project. LICENSEE 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. The LICENSEE shall comply with the living wage requirement for all employees at the commercial cannabis facility. Unions shall be allowed, and LICENSEE shall not discriminate against such union activity.
5.11.2. Wage Creation. LICENSEE shall make good faith efforts to employ at least forty percent (40%) of the Project’s workforce consisting of CITY residents. Such reasonable, good faith efforts shall include without limitation, job announcements shall be posted at C ity Hall, along with proof that the job announcements were advertised in at least two (2) newspapers published, printed, or distributed in the CITY and , is applicable, on various social media sites accessible to the general public. In addition, LICENSEE shall make a good faith effort to advertise job announcements at local job fairs and /or on local radio, and another medium to advertise job announcements to the broadest audience possible.
5.11.3 Status Reports. LICENSEE shall provide the CITY with written annual status reports to monitor compliance with this Section 5.11. Status Report Form to be provided by CITY.
5.12. Personal Guaranty. LICENSEE shall execute a Personal Guaranty in favor of the CITY to secure the paymenbt of all fees and taxes, if any, associated with this AGREEMENT.
The initial amount of the Personal Guaranty shall be one-hundred seventy-five thousand dollars ($175,000), renewable annually for the term of this AGREEMENT.
ARTICLE 6. DISTRIBUTION, SELF-DISTRIBUTION, AND TRANSPORTATION
6.1 Transportation of Commercial Cannabis. Transfers of commercial cannabis goods into and out of the CITY may be completed by a duly licensed commercial cannabis distributor in compliance with MAUCRSA and the BPMC.
6.2 Distribution of Commercial Cannabis. LICENSEE shall distribute its commercial cannabis and commercial Cannabis Products through any duly licensed commercial cannabis distributor in compliance with MAUCRSA.
6.3 Agreement with Distributor(s). LICENSEE and any distributors shall reach their own agreement regarding fees for the distributor’s services, if applicable.
CCA.Mission Creek Ventures, LLC
6.4 Self-Distribution. LICENSEE may engage in “Self-Distribution” of Cannabis Products that are cultivated on the P roperty for a period of five (5) years , provided LICENSEE pays an annual fee of ten thousand dollars ($10,000.00) to the CITY in annual installments of two thousand dollars ($2,000.00), for five (5) years, or one ten thousand dollars ($10,000.00) lump sum payment. LICENSEE shall also maintain current a distributor transport permit from the State of California and comply with MAUCRSA. A distributor transport only self-distribution licensee is not permitted to transport cannabis goods cultivated by other licensees.
ARTICLE 7. REVIEW FOR COMPLIANCE.
7.1 Periodic Review. The CITY Council shall have the option, in its sole and absolute discretion, to direct the Chief Executive Officer to review this AGREEMENT every six (6) months, on or before each anniversary of the Effective Date, in order to ascertain LICENSEE's good faith compliance with this AGREEMENT. During the Periodic Review, LICENSEE shall be required to demonstrate good faith co mpliance with all the terms and conditions of the AGREEMENT including good faith towards getting a Certificate of Occupancy.
7.2 Special Review. The CITY Council, in its sole and absolute discretion, may order a special review of compliance with this AGREEMENT by the Chief Executive Officer, at any time, if the Chief Executive Officer is informed and believes that LICENSEE is in default of any terms and conditions of the AGREEMENT. The CITY may also inspect any Property of the LICENSEE associated with the Project, at any reasonable time without notice. The failure by LICENSEE to allow entry into the Property or Properties, at any time, shall be deemed a breach of this AGREEMENT and may result in the termination of this AGREEMENT, as originally agreed, or as modified.
7.3 Review Hearing. At the time and place set for the review hearing, before the Chief Executive Officer, LICENSEE shall be given an opportunity to be heard. If the C hief Executive Officer finds, based upon substantial evidence, that LICENSEE has not complied in good faith with the terms or conditions of this AGREEMENT, the C hief Executive Officer may: (a) recommend to the City Council, to terminate this AGREEMENT notwithstanding any other provision of this AGREEMENT to the contrary, or (b) modify this AGREEMENT and impose such conditions as are reasonably necessary to protect the best interests of the CITY, with any Minor Amendment to this AGREEMENT approved by the Chief Executive Officer, and any Major Amendment approved by the City Council. After the Review Hearing, the decision of the C hief Executive Officer shall be appealable to the Ci ty Council of the CITY; any City Council decision shall be final, subject only to judicial review.
7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review following a LICENSEE’s default, the Chief Executive Officer determines that LICENSEE is in compliance with this AGREEMENT , the CITY shall issue a Certificate of Agreement Compliance ("Certificate") to LICENSEE sta ting that after the most recent Periodic Review or Special Review and based upon the information known or made known to the C hief Executive Officer, that (a) this AGREEMENT is reinstated in full force and effect and (b) LICENSEE is not in default. The CIT Y shall not be bound by a Certificate if a default existed at the time of the Periodic Review or the Special Review, but was not disclosed, concealed, or otherwise not known to the City Council of the CITY, regardless of whether the Certificate is relied upon by assignees or other transferees or LICENSEE.
CCA.Mission Creek Ventures, LLC
7.5 Failure to Conduct Review . The CITY's delay or failure to conduct a Periodic Review or a Special Review of this AGREEMENT shall not constitute a breach of this AGREEMENT.
7.6 Cost of Review . The costs incurred by CITY in connection with the Periodic Reviews or Special Review shall be borne by the CITY. The LICENSEE is not liable for any costs associated with any CITY Periodic Review or Special Review of this AGREEMENT.
ARTICLE 8. EVENTS OF DEFAULT.
8.1 Material Breach of this AGREEMENT . Any of the following events shall be deemed an Event of Default and a material breach of this AGREEMENT:
8.1.1 Final Judgment. 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.
8.1.2 Payment of Fees. Failure to timely pay any fees to the CITY, as determined by the CITY in its sole and absolute discretion.
8.1.3 Land use entitlements, permits. Failure to apply for land use entitlements, permits, with the CITY and the State of California, Department of Cannabis Control, within six (6) months after execution of this AGREEMENT. The CITY will grant extensions upon written request and proof of progress in seeking entitlements, permits, etc.
8.1.4 Certificate of Occupancy. Failure to move forward in good faith to obtain a Certificate of Occupancy (COO).
8.1.5 Cure Period . In the event of any material breach of this AGREEMENT, the CITY shall mai l a notice to LICENSEE, offering an opportunity to cure the breach, within sixty (60) days. Proof of the cure of the event MUST be presented within the sixty (60) days to CITY; provided however, that if such material breach is capable of being cured but is of such a nature that it cannot be cured within said time period, then the CITY shall not be entitled to terminate this AGREEMENT so long as LICENSEE is working diligently and in good faith to cure such breach, as determined by CITY , in its sole and absolute discretion. Failure to cure a material breach within the terms set forth herein, shall be grounds for Termination as set herein.
ARTICLE 9. REMEDIES.
9.1 Remedies in General. It is acknowledged by the parties that the CITY would not have entered into this AGREEMENT if it were to be liable in damages with respect to this 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 part y to perform any term or provision of this AGREEMENT shall constitute a default.
9.2 Event of Default. In the event of alleged default or breach of any terms or conditions of this AGREEMENT, the party alleging such default or breach shall give the other party thirty CCA.Mission Creek Ventures, LLC
(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 sixty (60) day period, the party charged shall not be considered in default for purposes of t ermination or institution of legal proceedings except for the events detailed in section 3. 43, above, wherein a ten (10) day notice to cure is required.
9.3 Legal or Equitable; Monetary Damages. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this AGREEMENT through any state court, except that the CITY shall not be liable in monetary damages, unless expressly provided for in this AGREEMENT, to LICENSEE, to any mortgagee or lender, or to any successors in interest of LICENSEE if successors in interest are permitted under this AGREEMENT or mortgagee or lender, or to any other person, and LICENSEE covenants on behalf of itsel f and all successors in interest, if successors in interest are permitted under this AGREEMENT, to the Property or any portion thereof, not to sue for damages or claim any damages:
(i) For any breach of this AGREEMENT or for any cause of action which arises out of this AGREEMENT; or
(ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this AGREEMENT, including, without limitation, any impairment or restriction which LICENSEE 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 or interpretation or effect of the provisions of this AGREEMENT.
9.4 Waiver/Release of Claims. LICENSEE hereby agrees to waive and/or release the CITY for any claim or claims or cause of action, not specifically and expressly reserved herein, which LICENSEE may have at the time of execution of this AGREEMENT relating to any Application to the CITY i ncluding, but not limited to, any Application for any type of cultivation permit, any Application for any cultivation rights, or any Application for any cultivation license from the CITY.
CALIFORNIA CIVIL CODE SECTION 1542
LICENSEE expressly acknowledges that this 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 AGREEMENT contemplates the extinguishment of any such Claim or Claims. The LICENSEE specifically acknowledges and waives and releases the rights granted to LICENSEE 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.
CCA.Mission Creek Ventures, LLC
By expressly waiving the rights granted to LICENSEE under California Civil Code Section 1542, the LICENSEE 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 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.
9.5 Reservation of Rights – CITY. 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.
9.6 Reservation of Rights – LICENSEE. Nothing co ntained herein shall modify or abridge LICENSEE'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 LICENSEE'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.
9.7 Limitation of Rights . Except as set forth in the preceding paragraph relating to eminent domain, LICENSEE's remedies shall be limited to those set forth in this Section 9.1, Section 9.2, and Section 9.3.
9.8 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 AGREEMENT and should be available to all parties for the following reasons:
(i) Except as provided in Section 9.1, money damages are unavailable against the CITY as provided in Section 9.1 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 AGREEMENT has begun. After such implementation, LICENSEE may be foreclosed from other choices it may have had to use the Property or portions thereof. LICENSEE has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this AGREEMENT and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this AGREEMENT, and it is not possible to determine the sum of money which would adequately compensate LICENSEE for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis.
9.9 Termination of Agreement for Default of the CITY. LICENSEE may terminate this AGREEMENT only in the event of a default by the CITY in the performance of a material term of this AGREEMENT and only after providing written notice to the CITY of default setting for th 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 CCA.Mission Creek Ventures, LLC
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.
9.10 Attorneys' Fees and Costs. In any action or proceeding between the CITY and LICENSEE brought to interpret or enforce this AGREEMENT, or which in any way arises out of the existence of this 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 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 8.10 include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding.
9.11 LICENSEE Default. No building permit shall be issued or building permit application accepted for any structure on the Property after LICENSEE is determined by the CITY to be in default of the terms and conditions of this AGREEMENT until such default thereafter is cured by LICENSEE or is waived by the CITY. If the CITY terminates this AGREEMENT because of LICENSEE'S default, then the CITY shall retain any and all benefits, including fees received by the CITY hereunder.
9.12. Termination by CITY. Upon default by LICENSEE, the CITY may, in its sole discretion, terminate this AGREEMENT and may, in its sole discretion and following a Review Hearing pursuant to Section 7.3 and the applicable appeal referenced therein, report said termination to the Department of Cannabis Control of the State of California (DCC).
ARTICLE 10. THIRD PARTY LITIGATION.
10.1 General Plan Litigation . The CITY has determined that this AGREEMENT is consistent with its General Plan. LICENSEE has reviewed the General Plan and concurs with the CITY's determination. The CITY shall have no liability under this AGREEMENT, or otherwise, for any failure of th e CITY to perform under this AGREEMENT, or for the inability of LICENSEE to develop the Property as contemplated by the Project Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or po rtions thereof, are invalid, inadequate, not in compliance with law, or that this 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 AGREEMENT or any Project Approval is unenforceable based upon federal, state, or local statutes, ordinances, or regulations in effect on the Effective Date.
10.2 Hold Harmless Agreement. LICENSEE 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 LICENSEE or LICENSEE's contractors, subcontractors, agents, or employees operations under this AGREEMENT, whether such operations be by LICENSEE, or by any of LICENSEE's contractors, subcontractors, agents, or employees operations under this AGREEMENT, whether such operations be by LICENSEE, or by any of LICENSEE's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for LICENSEE or any of LICENSEE's contractors or subcontractors. LICENSEE agrees to and shall defend CITY and its elective and appointive CCA.Mission Creek Ventures, LLC
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.
10.3 Indemnification. LICENSEE shall defend, indemnify and hold harmless the CITY and defend its officers, agents, and employees, against and from any and all liabilities, demands, lawsuits, claims, government claims, actions or procee dings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which the CITY, its officers, agents, and employees, 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 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, its officers, agents, and employees, and any third party (including a governmental entity or official) challenging the validity of any provision of this 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 LICENSEE, and LICENSEE 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 C ITY may do so in its sole discretion and LICENSEE will be required to pay the defense costs of the CITY as the costs are incurred. LICENSEE agrees to pay any and all attorney's fees or retainer regarding the selection of special counsel, and LICENSEE shall pay all costs and all attorneys' fees related to retention of such special counsel.
10.4 Environmental Contamination. LICENSEE shall indemnify and hold the CITY, its officers, agents, and employees, free and harmless from any liability, based or assert ed, upon any act or omission of the LICENSEE, 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 d edicated or transferred to CITY by LICENSEE, 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 LICENSEE 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 the LICENSEE's ownership or control of the Property or applicable portion, which shall be determined exclusively by the CITY. However, the foregoing limitation shall not operate to bar, limit, or modify any of LICENSEE's statutory or equitable obligations as either a LICENSEE or seller of the Property.
10.5 CITY Selection of Counsel. With respect to Sections 10.1 through 10.4, the CITY reserves the right to select its own special counsel or otherwise engages special counsel to defend the CITY hereunder, which fees shall be paid by LICENSEE.
10.6 Acceptance of Reasonably Good Faith Settlement. With respect to this Article 10, the CITY shall not reject any reasonably good faith settlement. Before accepting any such settlement offer, CITY shall notify LICENSEE of the offer and provide LICENSEE with a copy of CCA.Mission Creek Ventures, LLC
the settlement offer. If LICENSEE 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 good faith, in order to attempt to resolve the parties' differences. If the CITY does reject a reasonable, good faith settlement that is acceptable to LICENSEE, LICENSEE may enter into a settlement of the action, as it relates to LICENSEE, and the CITY shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgment s 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. LICENSEE 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.
10.7 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 LICENSEE'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 LICENSE E 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 LICENSEE 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.
10.8 Survival. The provisions of Sections 10.1 through 10.7 inclusive, shall survive the termination or expiration of this AGREEMENT, until such time as the uses of the Property established in the Development Plan are permanently terminated.
ARTICLE 11. THIRD PARTY LENDERS, ASSIGNMENT & SALE.
11.1 Encumbrances. The parties hereto agree that this AGREEMENT shall not prevent or limit LICENSEE, in any manner, at LICENSEE'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.
11.2 Lender Requested Modification/Interpretation. The CITY acknowledges that the lenders providing such financing may request certain interpretations and modifications of this AGREEMENT and a grees upon request, from time to time, to meet with LICENSEE 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 AGREEMENT and as long as such requests do not minimize, reduce, curtail, negate or in any way limit CITY’s rights under this AGREEMENT.
11.3 Non-Transferable Without CITY Approval . LICENSEE shall not sell or transfer it right, title, and interest in this AGREEMENT and any permits, licenses, entitlements, and related benefits cannot be sold or transferred without prior written approval by the City Council of the CITY. No new LICENSEEs shall be permitted without prior written approval by the CITY.
CCA.Mission Creek Ventures, LLC
ARTICLE 12. MISCELLANEOUS PROVISIONS.
12.1 Amendment of Agreement. This Agreement shall be amended only by mutual consent of the Parties. All amendments shall be in writing and executed by both Parties. The City Council hereby expressly authorizes the Chief Executive Officer to approve a Minor Amendment to this Agreement. A Major Amendment to this Agreement shall be approved by the City Council. The Chief Executive Officer shall, on behalf of CITY, have sole discretion to determine if an amendment constitutes a Minor Amendment or a Major Amendment. Nothing in this Agreement shall be construed as requiring a noticed public hearing, unless required by law.
12.2 Entire Agreement. This 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 AGREEMENT, provided, however, CITY shall rely on statements made by LICENSEE's agents, officers, or employees, at the public hearings leading to the CITY's approval of the project, or on written documents submitted by LICENSEE's agents, officers, or employees, that are a part of the public record.
12.3 Severability. If any term, provision, covenant, or condition of this AGREEMENT shall be determined invalid, void, or unenforceable, by a court of competent jurisdiction, the remainder of this AGREEMENT shall not be affected thereby and shall remain in full force and effect to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this AGREEMENT. The foregoing notwithstanding, the provision of the Community Benefits set forth in Article 5, herein, including the payment of the fees set forth therein, are essential elements of this AGREEMENT and the CITY would not have entered into this 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 AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the Project rights set forth in Article 4 of this AGREEMENT are essential elements of this AGREEMENT and LICENSEE would not have entered into this 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 LICENSEE's option, this entire AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever.
12.4. Federal Law. The Parties expressly agree that each Party is strictly prohibited from failing to perform any and all obligations under this Agreement on the basis that this AGREEMENT is invalid, unenforceable, or illegal under federal law. By entering into this AGREEMENT, each Party disclaims any right to tender an affirmative defense in any arbitration or court of competent jurisdiction, that performance under this AGREEMENT is not required because the AGREEMENT is invalid, unenforceable, or illegal under federal law.
12.5 Interpretation and Governing Law. Any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This 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 AGREEMENT, since all parties were represented by counsel in CCA.Mission Creek Ventures, LLC
the negotiation and preparation of this AGREEMENT, and/or were advised to consult counsel and had the opportunity to obtain counsel for the negotiation and preparation of this AGREEMENT.
12.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this AGREEMENT.
12.7 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 Project entity.
12.8 Time of Essence. Time is of the essence in the performance of the provisions of this AGREEMENT as to which time is an element.
12.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this 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 AGREEMENT thereafter.
12.10 No Third-Party Beneficiaries. The only parties to this AGREEMENT are LICENSEE and the CITY. This 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 AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever.
12.11 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.
12.12 Counterparts. This 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.
12.13 Jurisdiction and Venue. Any action at law or in equity arising under this AGREEMENT or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this 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.
12.14 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 AGREEMENT. No partnership, joint venture or other association of any kind is formed by this AGREEMENT. The only relationship between the CITY and LICENSEE is that of a CCA.Mission Creek Ventures, LLC
government entity regulating the development of private property and the LICENSEE of such property.
12.15 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 AGREEMENT and the satisfaction of the conditions of this 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 AGREEMENT to carry out the intent and to fulfill the provisions of this AGREEMENT or to evidence or consummate the transactions contemplated by this AGREEMENT.
12.16 Eminent Domain. No provision of this AGREEMENT shall be construed to limit or restrict the exercise by the CITY of its power of eminent domain.
12.17 Agent for Service of Process. In the event LICENSEE 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 LICENSEE shall file, upon its execution of this AGREEMENT, with the Chief Executive Officer or his or her designee, upon its execution of this AGREEMENT, a designation of a natural person residing in the State of California, giving his or her name, residence and Project addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this AGREEMENT, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon LICENSEE. If for any reason service of such process upon such agent is not feasible, then in such event LICENSEE may be personally served with such process out of the County of Los Angeles and such service shall constitute valid service upon LICENSEE. LICENSEE 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.
12.18 Authority to Execute. The person or persons executing this AGREEMENT on behalf of LICENSEE warrants and represents that he/she/they have the authority to execute this AGREEMENT on behalf of his/her/their corporation, partnership or Project entity and warrants and represents that he/she/they has/have the authority to bind LICENSEE to the performance of its obligations hereunder. LICENSEE shall each deliver to CITY on execution of this 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 AGREEMENT and naming the officers that are authorized to execute this AGREEMENT on its behalf. Each individual executing this 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 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 AGREEMENT is binding on that company or entity in accordance with its terms; and
CCA.Mission Creek Ventures, LLC
(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 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.
12.19 Nexus/Reasonable Relationship Challenges. LICENSEE agrees that the fees imposed are in fact reasonable and related to the mitigation of the negative impacts of the Project 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 AGREEMENT including, without limitation, any claim that the terms in this 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.
12.20 No Damages Relief Against CITY. The parties acknowledge that the CITY would not have entered into this AGREEMENT had it been exposed to damage claims from LICENSEE, its agents, officers, employees, or anyone acting on behalf of LICENSEE for any breach thereof. As such, the parties agree that in no event shall LICENSEE, or LICENSEES' agents, officers, employees, partners, or anyone acting on behalf of LICENSEE be entitled to recover damages against CITY for breach of this AGREEMENT.
12.21 Laws. LICENSEE agrees to comply with all applicable state, regional, and local laws, regulations, polices and rules. In addition, LICENSEE further agrees to comply with all issued entitlements, permits, licenses, including any and all applicable development standards.
Specifically, LICENSEE agrees to comply with all applicable provisions of BPMC.
12.22 Compliance with Conditions of Approval. LICENSEE 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.
12.23 Consistent with State and Federal Regulations. The CITY acknowledges that this 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 AGREEMENT shall govern the conduct of the property under such future regulations.
12.24 Compliance with Applicable Laws. LICENSEE shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out its obligations under this Agreement.
12.25 Necessary Acts. Each Party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of the Agreement and the intent of the Parties to the Agreement.
CCA.Mission Creek Ventures, LLC
12.26 Consultation with Counsel. The Parties have entered and executed this Agreement freely and voluntarily based on their own independent judgment, after consultation with their respective counsel, and without duress, coercion, or undue influence of any kind.
12.27 Superseding Clause. This AGREEMENT supersedes any and all other agreements or contracts, either oral or written, between the parties with respect to the subject matter herein.
[Signatures on next page]
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as of the dates written above.
CITY OF BALDWIN PARK
By: -----------
Emmanuel J. Estrada, Mayor
MISSION CREEK VENTURES, LLC
ATTEST:
By: -----------
Christoper Seanz, City Clerk
Approved as to Form:
By: ------------
Julia Sylva, Special Counsel
Commercial Cannabis Activity,
City of Baldwin Park
Approved as to Form:
Bruce L. lshimatsu
By: -------------
Bruce lshimatsu, Counsel,
Mission Creek Ventures, LLC
CCAMission Creek Ventures, LLC
28 CCA.Mission Creek Ventures, LLC
No. 1 - Legal Description of the Property and/or Properties Common Address:
5157 Azusa Canyon Road, Baldwin Park, CA 91706
Assessor’s Parcel Number: 8413-001-016
CCA.Mission Creek Ventures, LLC
No. 2 – Map showing Property and its or their location(s)
CCA.Mission Creek Ventures, LLC
No. 3 – CITY Cannabis Permit Application
(form only, no attachments)
CCA.Mission Creek Ventures, LLC
No. 4 – Landlord Consent, if applicable
CCA.Mission Creek Ventures, LLC
No. 5 – Personal Guaranty or Performance Bond
CCA.Mission Creek Ventures, LLC
No. 6 – Project Plan
CCA.Mission Creek Ventures, LLC
No. 7 – Financial Projections
CCA.Mission Creek Ventures, LLC
No. 8 – Community Benefits Plan
The City of Baldwin Park will establish a “Community Benefit Fund” to allocate a portion of the Community Benefit Fee to support community-based programs and activities in the City . The City will adopt a policy to provide guidelines and procedures for the distribution and use of these public funds.
CCA.Mission Creek Ventures, LLC
No. 9 – California State License Types
Cultivation: State License Type: Adult-Small-Indoor
Self-Distribution: Type 13: transport-only distributor-can transport the goods Applicant cultivates on Site only.
Vicinity Map
LOCATION: 5157 Azusa Canyon Road
CASE NUMBER: CCA 23-02
DATE: October 18, 2023
STAFF REPORT
ITEM NO. _____9_____
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Yovanni Viramontes, Associate Engineer
DATE: October 18, 2023
SUBJECT: Request for Approval of Content for Interpretive Signage, City Identification Sign, Streetlight Pole Banners, and Directory Signs Related to the Susan Rubio Zocalo Park
and Civic Plaza Project – CIP No. 22-044
SUMMARY
This item seeks City Council approval of content for interpretive signs that will be installed as part of the Susan Rubio Zocalo Park and Civic Plaza Project.
RECOMMENDATION
It is recommended that the City Council:
1. Approve the selected content for project signs, based on poll results that w ere received based on input from E-Team and City Council and concluded on October 1, 2023; and,
2. Authorize the Director of Public Works to approve project signs for contractor to begin sign fabrication based on approved sign content;
FISCAL IMPACT
The approval of this action will have no impact on the City’s General Fund. The cost for fabrication and installation of signage is included as part of the project’s funding as approved in the current FY 22-23 Capital Improvement Program (CIP) by the City Council. The action is administrative in nature and would not have a material impact to the general construction budget.
BACKGROUND
On October 19, 2022, the City Council accepted the Plans and Specifications for the City Project CIP 22-044 – Susan Rubio Zocalo Park and Civic Center Plaza and awarded a contract for construction to PCN3, Inc. of Los Alamitos, CA. The City Council also authorized the Director of Finance to budget $11,841,000 for co nstruction costs including the prime construction contract, costs for demolition of vacant building, construction administration, construction management and inspection services, and construction contingency totaling $775,000. Construction of the project commenced on January 2023, and is expected to be completed in February 2024.
On July 5, 2023, City Staff sought direction from City Council on various elements related to the Susan Rubio Zocalo Park and Civic Plaza Project, including the selection of conte nt (language and lettering) for six (6) concrete markers that will be engraved along the center walkway leading up to the Pavilion from both Sterling Way and Pacific Ave. The City council directed Staff to select content for concrete markers, distribute to E-team and Elected Officials for preferences, and provide poll results with the various options for City Council to approve in a subsequent meeting.
DISCUSSION
On September 25, 2023, the Public Works Department prepared and distributed a poll for the Susan Rubio Zocalo Park and Civic Plaza Project, for Park Signage. The Poll consisted of the following
sections: Interpretive Signage Content, Wayfinding and Monument Signage, and Poll Input and Rating (optional).
Section 1: Interpretative Signage Content
As the construction of the project is underway, the contractor and design sub -consultant are seeking direction from staff and the City Council regarding interpretative sign language and lettering for six concrete markers that will be engraved along the cen ter walkway that leads to the Pavilion from both Sterling Way and Pacific Ave. Proposed signage content was presented to the City Council and E-team in the form of an online poll and based on historical and cultural elements showcasing Baldwin Park’s unique history including three distinct time periods: origins/indigenous era, Settlers/Founders/Ranchos Era, and Contemporary/Incorporated Era. A total of twenty -two (22) options were available to choose from and early poll results are listed below:
Preliminary top six (6) content choices:
• Gabrielino Native People,
• Elias “Lucky” Baldwin
• Margaret Woods Heath
• In-N-Out
• Betty Lowes
• Esther Lavelle Snyder
Section 2: Wayfinding and Monument Signage
On July 20, 2022, the City Council approved the nomination to name the park elements after Senator Susan Rubio (32nd District), officially naming the project the “Susan Rubio Zocalo Park and Civic Plaza.” During construction and preparation of the shop drawings for project signage, the architect and sign consultant required direction for the placement of lettering and the configuration of the official name to be incorporated into the various wayfinding and monument signs. The Poll included three options for one (1) city identification sign, two layout options for thirteen (13) street pole banners, and two layout options for four (4) directory signs. The wayfinding and monument signage included the official name of park. The preliminary results are shown in Attachment 1.
Section 3: Poll Input and Rating
This poll was created by Public Works using Microsoft Teams, and designed to be simple and interactive, in order to gauge the committee preferences for various project elements. In order to provide a better experience on our next poll/survey, we asked that the survey format be ranked on the final section of poll.
In response to comments received from the poll, the Public Works Department has prepared additional options for the identification, banners, and directory signage. The additional options were not a part of the original poll and will be presented as alternatives during the meeting for further City Council consideration and direction (included in Attachment 2 to this report).
ALTERNATIVES
None.
CEQA REVIEW
The subject project is categorically exempt from the California Environmental Quality Act ( CEQA) pursuant to a class 32 (section 15332, in -fill development), for meeting the five conditions set forth under section 15332, which include: the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designations and regulations under sub section, the proposed development occurs within the city limits on a project site
of no more than five acres substantially surrounded by urban uses, the project site has no value, as habitat for endangered, rare of threatened species, and the approval of project will not result in any significant effects relating to traffic, noise, air quality, or water quality. In addition, none of the exceptions to categorical exemptions set for in CEQA guidelines section 15300.2 apply to the proposed project.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Poll results
2. Alternative Color options.
Susan Rubio Zocalo Park & Civic Center Plaza
1. Origins, Indigenous Era
Please rank the following options from most to least favorite.
One (1) will be selected from this category.
8 Responses
12:06
Average time to complete
Active
Status
1 Gabrielino Native People (Ton…
2 Toypurina – Tongva Tribe Gabri…
3 San Gabriel River – once ran ac…
4 Kizh Nation – referred to as "Lo…
2. Settlers, Founders and Ranchos Era
Please rank the following options from most to least favorite.
Two (2) will be selected from this category.
3. Contemporary, Incorporated Era
Please rank the following options from most to least favorite.
Three (3) will be selected from this category.
1 Elias "Lucky" Baldwin – known…
2 Margaret Woods Heath – edu…
3 Pacific Electric Railway – nickn…
4 John A. Rowland - known as D…
5 Rancho La Puente – establishe…
6 Cruz Baca – Mexican immigrant…
7 William Workman – known as …
8 Rancho Azusa de Dalton - orig…
9 Baldwin Park Woman's Club – …
1 In-N-Out – founded in Baldwin …
2 Bette Lowes – first woman to b…
3 Esther Lavelle Snyder – was an…
4 Adelina Gregory Mesias – in 1…
5 Robert McNeil Family – In 196…
6 Teri G. Muse – resident, Council…
7 Ana Montenegro – public figur…
8 St. John the Baptist Catholic C…
9 Lorrain O’Brien – O’Brien was g…
4. If you would like to provide content suggestions that are not listed above, please share description of content here.
1 Responses
Latest Responses
"Robert "Bob" Benbow - Dedicated his professional career in Bal…
5. Do you have any other suggestions for improving the historical and cultural representation of the Susan Rubio Zocalo Park and Civic Center Plaza Interpretive Signs? 1 Responses
Latest Responses
"Ron Brown - Gold medalist sprinter and graduate of Baldwin P…
6. City Identification Sign (Total: 1)
Choose from the following options. PW Team recommends Layout C.
7. Streetlight Pole Banners (Total: 13)
Choose from the following options. PW Team recommends Layout B.
Layout A 0
Layout B 3
Layout C 5
Layout A 2
Layout B 6
8. Directory Sign (Total: 4)
Please choose from the following options. PW Team recommends Layout B.
9. Let us know if you have any comments or suggested changes to any of the Layouts presented.
2 Responses Latest Responses
10.Please let us know if you liked this input format. It will help us improve future surveys. (Optional)
Layout A 0
Layout B 8
Promoters 7
Passives 0
Detractors 1
Screen Community Block
REFERENCE IMAGES FROM YOVANNI
City of Baldwin Park
BP
City of Baldwin Park
TRASH/
BASURA
Keep Baldwin Park Beautiful
City of Baldwin Park
www.baldwinpark.com
BP
City of Baldwin Park
TRASH/
BASURA
Keep Baldwin Park Beautiful
City of Baldwin Park
www.baldwinpark.com
City of Baldwin Park
www.baldwinpark.com
City of Baldwin Park
www.baldwinpark.com
Side Front Back
Police
Department
Admin Building
ARC
DIRE CTORY
City Hall
CouncilChamber
Police Dept
Pacific Ave
Main Avenue
Sterling Way
Bogart Avenue
Morgan Park
Morgan Park
Community Center
Arts & Rec Center
Pavilion
Park City Hall
Transit Center
Baldwin Park Station
YOU
ARE
HERE
Retail
Ramona Boulevard
ZOCALO PARK
SUSAN RUBI O
& CIVIC CENTER PLAZA
1'-3"
SUSAN
RUBIO
ZOCALO PARK
AND CIVIC CENTER PLAZA
Color Option 1 - Original Colors
Illumination at night
Letters have a yellow face
with white glowing returns
SUSAN
RUBIO
AND CIVIC CENTER PLAZA
ZOCALO PARK
SUSAN RUBIO
ZOCALO
PARK
& CIVIC CENTER PLAZA
Police
Department
Admin Building
ARC
DIRE CTORY
City Hall
CouncilChamber
Police Dept
Pacific Ave
Main Avenue
Sterling Way
Bogart Avenue
Morgan Park
Morgan Park
Community Center
Arts & Rec Center
Pavilion
Park City Hall
Transit Center
Baldwin Park Station
YOU
ARE
HERE
Retail
Ramona Boulevard
ZOCALO PARK
SUSAN RUBI O
& CIVIC CENTER PLAZA
1'-3"
SUSAN RUBIO
ZOCALO
PARK
& CIVIC CENTER PLAZA
SUSAN
RUBIO
ZOCALO PARK
AND CIVIC CENTER PLAZA
Color Option 2 - Baldwin Park Blues
Illumination at night
Letters have an orange face
with white glowing returns
SUSAN
RUBIO
AND CIVIC CENTER PLAZA
ZOCALO PARK
SUSAN
RUBIO
ZOCALO PARK
AND CIVIC CENTER PLAZA
SUSAN
RUBIO
ZOCALO PARK
AND CIVIC CENTER PLAZA
Police
Department
Admin Building
ARC
DIRE CTORY
City Hall
CouncilChamber
Police Dept
Pacific Ave
Main Avenue
Sterling Way
Bogart Avenue
Morgan Park
Morgan Park
Community Center
Arts & Rec Center
Pavilion
Park City Hall
Transit Center
Baldwin Park Station
YOU
ARE
HERE
Retail
Ramona Boulevard
ZOCALO PARK
SUSAN RUBI O
& CIVIC CENTER PLAZA
1'-3"
SUSAN RUBIO
ZOCALO
PARK
& CIVIC CENTER PLAZA
ZOCALO
PARK
Color Option 3 - Baldwin Park Teals
Illumination at night
Letters have an orange face
with white glowing returns
SUSAN
RUBIO
AND CIVIC CENTER PLAZA
ZOCALO PARK
STAFF REPORT
ITEM NO. SA-1
TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
PREPARED BY: Ana Zhang, Senior Finance Clerk
DATE: October 18, 2023
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, $2,270.00.
BACKGROUND
The attached Claims and Demands 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 September 11 to October 9, 2023 Successor Agency Warrant with check number 13622 through 13623 in the total amount of $2,270.00 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Succes sor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified.
LEGAL REVIEW
Not Applicable
ATTACHMENTS
1. Check Register
Amount
Grand Total: 2,270.00$
743.75$
13623 09/28/2023 RSG INC HOUSNG SUCCESSOR EXPENDIUTRE CATCH-UP 890-40-405-51100-00000 1,451.25$ 13623 09/28/2023 RSG INC HOUSNG SUCCESSOR EXPENDIUTRE CATCH-UP 890-40-405-51100-00000
45.00$
13622 09/19/2023 SHOETERIA INC BOOT ALLOWANCE FOR SEIU EMPLOYEES 890-60-620-50119-14405 30.00$ 13622 09/19/2023 SHOETERIA INC BOOT ALLOWANCE FOR SEIU EMPLOYEES-JESSE BACA 890-60-620-50119-14405 Payment Number Payment Date Vendor Name Description (Item) Account Number Check Register
City of Baldwin Park, CA By (None)
Payment Dates 9/11/2023 - 10/9/2023
STAFF REPORT
ITEM NO. SA-2
TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
PREPARED BY: Anthony Ceballos, Accountant
DATE: October 18, 2023
SUBJECT: Treasurer’s Report SA – August 2023
SUMMARY
Attached is the Treasurer’s Report for the month of August 2023. 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 August 2023.
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
ATTACHMENTS
1. Exhibit “A”, Treasurer’s Report
FINANCE AUTHORITY
REGULAR MEETING
Agenda
October 18, 2023, 7:00 PM
Chair
Vice Chair
Board Member
Board Member
Board Member
Emmanuel J. Estrada
Monica Garcia
Alejandra Avila
Jean M. Ayala
Daniel Damian
Welcome to your Finance Authority Meeting
We welcome your interest and involvement in the City’s legislative process. This agenda includes information about topics coming before the Board Members and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city’s website and in the Office of the City Clerk.
Please Note: Electronic devices are to be turned off while meetings are in session.
How to watch
The City of Baldwin Park provides two ways to watch a Finance Authority meeting:
In Person
Most Finance Authority meetings take
place at City Hall, 14403 E. Pacific
Ave., Baldwin Park, CA 91706
Online
Audio streaming will be available at
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Reasonable Accommodations
Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk’s Office at (626) 960-4011.
Public Comments
The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Clerk.
Public Communication
There is a three-minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Ac tion may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to [email protected].
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATIONS
CONSENT CALENDAR
1. Treasurer’s Report FA – August 2023
Staff recommends that the Board receive and file the Treasurer’s Report for August 2023.
ADJOURNMENT
CERTIFICATION
I, Christopher Saenz, 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.
Christopher Saenz
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 [email protected]. 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)
STAFF REPORT
ITEM NO. FA-1
TO: Chair and Members of the Finance Authority
FROM: Rose Tam, Director of Finance
PREPARED BY: Anthony Ceballos, Accountant
DATE: October 18, 2023
SUBJECT: Treasurer’s Report FA – August 2023
SUMMARY
Attached is the Treasurer’s Report for the month of August 2023. 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 August 2023.
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
ATTACHMENTS
1. Exhibit “A”, Treasurer’s Report
HOUSING AUTHORITY
REGULAR MEETING
Agenda
October 18, 2023, 7:00 PM
Chair
Vice Chair
Board Member
Board Member
Board Member
Emmanuel J. Estrada
Monica Garcia
Alejandra Avila
Jean M. Ayala
Daniel Damian
Welcome to your Housing Authority Meeting
We welcome your interest and involvement in the City’s legislative process. This agenda includes information about topics coming before the Board Members and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city’s website and in the Office of the City Clerk.
Please Note: Electronic devices are to be turned off while meetings are in session.
How to watch
The City of Baldwin Park provides two ways to watch a Housing Authority meeting:
In Person
Most Housing Authority meetings take
place at City Hall, 14403 E. Pacific
Ave., Baldwin Park, CA 91706
Online
Audio streaming will be available at
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Reasonable Accommodations
Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk’s Office at (626) 960-4011.
Public Comments
The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Clerk.
Public Communication
There is a three-minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Ac tion may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to [email protected].
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATIONS
CONSENT CALENDAR
1. Baldwin Park Housing Authority’s Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register.
2. Treasurer’s Report HA – August 2023
Staff recommends that the Board receive and file the Treasurer’s Report for August 2023.
ADJOURNMENT
CERTIFICATION
I, Christopher Saenz, 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.
Christopher Saenz
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 [email protected]. 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)
STAFF REPORT
ITEM NO. HA-1
TO: Chair and Members of the Housing Authority
FROM: Rose Tam, Director of Finance
PREPARED BY: Ana Zhang, Senior Finance Clerk
DATE: October 18, 2023
SUBJECT: Baldwin Park Housing Authority’s Warrants and
Demands
SUMMARY
Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board.
RECOMMENDATION
Staff recommends that the Board ratify the attached Warrants and Demands Register.
FISCAL IMPACT
The total of the Warrants and Demands for Housing Authority was $723,886.77.
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 September 12, 2023 to October 9, 2023 Warrant check numbers 72830 through 72854 in the amount of $7,943.56 and Automated Clearing House (ACH) In the amount of $715,943.21 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
ATTACHMENTS
1. Happy Check Register
2. Happy Check Register ACH
Check Register ReportDate Range: 9/12/2023...10/9/2023VMS Date Range:...Program:-Payment Type:Check Numbers: ...Direct Deposit: Exclude Direct DepositCheck Cleared: AllPort Status: Include Port InsZero HAPs: Include Zero HAPsVoided Payments:Omit Voided PaymentsHeld Checks: Exclude Held ChecksGrouped by:Sorted by: Check Number10/9/2023Check Number Check Date Payee Name Amount DDVMS Date72830 10/01/2023 Jennelle M Henderson $36.0010/01/202372831 10/01/2023 Julie L Fonseca $10.0010/01/202372832 10/01/2023Vanessa G Ross$109.0010/01/202372833 10/01/2023 Jacqueline Chaves $248.0010/01/202372834 10/01/2023 Carmen Rivera-Madrid $14.0010/01/202372835 10/01/2023Xiomara A Martinez$30.0010/01/202372836 10/01/2023 Rebecca Galindo $17.0010/01/202372837 10/01/2023 City of Pomona Housing Authority $842.2810/01/202372838 10/01/2023 Ken Chi-Kin Yu $10.0010/01/202372839 10/01/2023 Jasmine Janae Rhodes $138.0010/01/202372840 10/01/2023Viridiana Medina$17.0010/01/202372841 10/01/2023 Mindy Sophia Aguirre $33.0010/01/202372842 10/01/2023 Camille M Lovesmith $42.0010/01/202372843 10/01/2023 Gwendolyn Jean Adams $16.0010/01/202372844 10/01/2023 Diana Mary Barcelo $10.0010/01/202372845 10/01/2023 Jess Edward Peralta $10.0010/01/202372846 10/01/2023 Jessica E Chi $29.0010/01/202372847 10/01/2023 Ricky Garcia $4.0010/01/202372848 10/01/2023 Imelda A Sanchez Diaz $46.0010/01/202372849 10/01/2023 Sarah Rios $21.0010/01/202372850 10/01/2023 Miki Osep $22.0010/01/202372851 10/01/2023 Eternal Link LLC $1649.0010/01/202372852 10/01/2023 George Ka Chun Chew $2242.0010/01/202372853 10/01/2023 City of Carlsbad $1015.2810/01/202372854 10/01/2023 Cameron Properties $1333.0010/01/2023Check Register Report AZ 10/09/2023 Page 1Copyright © 2011-2023, HAPPY Software, Inc. $7,943.56Total5Unit Count$1,376.20Average Weighted by Unit Count$294.21AverageHard to House Count Check Register Report AZ 10/09/2023 Page 2Copyright © 2011-2023, HAPPY Software, Inc.
Check Register ReportDate Range: 9/12/2023...10/9/2023VMS Date Range:...Program:-Payment Type:Check Numbers: ...Direct Deposit: Include Direct DepositCheck Cleared: AllPort Status: Include Port InsZero HAPs: Include Zero HAPsVoided Payments:Omit Voided PaymentsHeld Checks: Exclude Held ChecksGrouped by:Sorted by: Check Number10/9/2023Check Number Check Date Payee Name Amount DDVMS Date31892 09/12/2023 Monrovia 612, LP $162.0007/01/202331893 09/12/2023 Mie Chen $2778.0009/01/202331894 09/12/2023 Emilio De Jesus Cruz $447.0009/01/202331895 09/12/2023 Los Angeles County Housing Authority $3476.5608/01/202331896 10/01/2023Y & H Investment, Inc.$1317.0010/01/202331897 10/01/2023 Eunice Property, LLC $1270.0010/01/202331898 10/01/2023 Wilson Apartment Associates L.P. $756.0010/01/202331899 10/01/2023 Monet Huong Nguyen $3003.0010/01/202331900 10/01/2023ASCENSION HOLDINGS LLC$1262.0010/01/202331901 10/01/2023 Tom Cinquegrani $513.0010/01/202331902 10/01/2023 Mark T. Fernandez $986.0010/01/202331903 10/01/2023 Melody (Muoi) Dao $1539.0010/01/202331904 10/01/2023 John W. Ruwitch and Anh Lam Truong$1153.0010/01/202331905 10/01/2023Adam King Lee and Joyce Ng Lee$1351.0010/01/202331906 10/01/2023 Mingyu Qu $2730.0010/01/202331907 10/01/2023 SAE GROUP, LLC $1988.0010/01/202331908 10/01/2023 Wei Zhen Su $1600.0010/01/202331909 10/01/2023 Mallorca Apartments, LTD $2970.0010/01/202331910 10/01/2023 Michael I. or Ling Brooks $771.0010/01/202331911 10/01/2023 Donna J Falls $785.0010/01/202331912 10/01/2023 Cipriano Salazar Jr. $1612.0010/01/202331913 10/01/2023 Dung Tran $595.0010/01/202331914 10/01/2023 Monrovia 612, LP $23579.0010/01/202331915 10/01/2023 Leslie K Ng $1043.0010/01/202331916 10/01/2023 Jun Hua Hu $2745.0010/01/202331917 10/01/2023 Quoc T. Vo $2161.0010/01/202331918 10/01/2023 Lien Diep $1255.0010/01/202331919 10/01/2023 LLJ Stratford Sunset, LLC, Sunset $4262.0010/01/202331920 10/01/2023 Rosa Lamas-Serratos $1668.0010/01/202331921 10/01/2023Villa Olive Oak dba Oak Park- South$7065.0010/01/202331922 10/01/2023 Malcolm Oso $983.0010/01/202331923 10/01/2023 Dieu-Thuy Nu Ton $966.0010/01/2023Check Register Report AZ 10/09/2023 Page 1Copyright © 2011-2023, HAPPY Software, Inc. 31924 10/01/2023 Dajojo, LLC $632.0010/01/202331925 10/01/2023 Investor Trust Realty Group, Inc. $1453.0010/01/202331926 10/01/2023 Don Norwood $1479.0010/01/202331927 10/01/2023Aaron Abdus Shakoor$1766.0010/01/202331928 10/01/2023Ana Thai$883.0010/01/202331929 10/01/2023 SRI Properties No 15 LLC $1268.0010/01/202331930 10/01/2023 Larry Chow $1847.0010/01/202331931 10/01/2023 T & T Asset Holding, LLC $412.0010/01/202331932 10/01/2023 Michael Alfred Alarcon $1269.0010/01/202331933 10/01/2023 Mousa Boushaaya $1633.0010/01/202331934 10/01/2023 Tuan Viet Ho $2082.0010/01/202331935 10/01/2023Xiaomin Lin and Xiaoxi Wu$1982.0010/01/202331936 10/01/2023 Jun Ye and Ming Feng $1786.0010/01/202331937 10/01/2023 4324 Walnut St LLC $1350.0010/01/202331938 10/01/2023 El Monte Housing Partners LP - The $10141.0010/01/202331939 10/01/2023 Joseph T. Tung $1648.0010/01/202331940 10/01/2023Alamitas LLC$629.0010/01/202331941 10/01/2023Avalon Monrovia LLC$1436.0010/01/202331942 10/01/2023 Pro Management Inc. $1471.0010/01/202331943 10/01/2023Andrew & Eva Fogg$1403.0010/01/202331944 10/01/2023 Heritage Park Villas LP $25745.0010/01/202331945 10/01/2023 Heritage Park Villas LP $2581.0010/01/202331946 10/01/2023Villa Olive Oak dba Oak Park - South$3563.0010/01/202331947 10/01/2023 $14242.0010/01/202331948 10/01/2023 Palo Verde Apartments, LP $903.0010/01/202331949 10/01/2023 Sharon Campbell $3044.0010/01/202331950 10/01/2023 John M Jacquet Sr.$1110.0010/01/202331951 10/01/2023 Linda Alice Enriquez $2124.0010/01/202331952 10/01/2023 Ha X Van $4227.0010/01/202331953 10/01/2023 Chen Jackson $814.0010/01/202331954 10/01/2023 Philip Tsui $971.0010/01/202331955 10/01/2023 Paul Yen $1719.0010/01/202331956 10/01/2023 Becky Binh Nguyet Luu or Eddie Ma $2001.0010/01/202331957 10/01/2023 Tinh Van Le $668.0010/01/202331958 10/01/2023 Everardo Garcia $2421.0010/01/202331959 10/01/2023 Ngoc T. Lieu $2658.0010/01/202331960 10/01/2023Alfred Tai-Kong Ho and Lisa Chen$1211.0010/01/202331961 10/01/2023 Covina 023 Woods 206 LP c/o $1288.0010/01/202331962 10/01/2023 Doreen Han $1405.0010/01/202331963 10/01/2023 PI Properties No. 94 LLC$1155.0010/01/202331964 10/01/2023 Baldwin Park Family Housing Limited$20411.0010/01/202331965 10/01/2023 Grace Chiou $901.0010/01/202331966 10/01/2023 Marina Alvarez $3162.0010/01/202331967 10/01/2023 Zhi Min Li and WXL Investments Inc. $418.0010/01/202331968 10/01/2023 Sui Man Mak $752.0010/01/202331969 10/01/2023 Henry Wong $2174.0010/01/2023Check Register Report AZ 10/09/2023 Page 2Copyright © 2011-2023, HAPPY Software, Inc. 31970 10/01/2023 West Covina Senior Villas II, LP $482.0010/01/202331971 10/01/2023 Dung Trung Pham and Tammy Tram $364.0010/01/202331972 10/01/2023 Francisco J. Sanchez and Gloria $1045.0010/01/202331973 10/01/2023 Blessed Rock of El Monte $28008.0010/01/202331974 10/01/2023 Blessed Rock of El Monte $5834.0010/01/202331975 10/01/2023Vintage West Covina$6741.0010/01/202331976 10/01/2023Alfonso Contreras$1088.0010/01/202331977 10/01/2023 Ryan Quach and Hue Cao $1831.0010/01/202331978 10/01/2023Alta Vista Villas, LP c/o Yale$3505.0010/01/202331979 10/01/2023 West Covina Seniors Villas I $1056.0010/01/202331980 10/01/2023 Post Brookhollow , LP $17456.0010/01/202331981 10/01/2023 Rahmat Ray Nehdar$1148.0010/01/202331982 10/01/2023Alexander Chan$2339.0010/01/202331983 10/01/2023 Phat Binh Vuong $815.0010/01/202331984 10/01/2023Alan Wu$806.0010/01/202331985 10/01/2023 Lawe Family Trust $844.0010/01/202331986 10/01/2023 Henry Ho $1318.0010/01/202331987 10/01/2023 PAMA IV Properties, LP $4597.0010/01/202331988 10/01/2023 Roger Hin Nam Mak $10259.0010/01/202331989 10/01/2023 LAT Investments, LLC $3405.0010/01/202331990 10/01/2023 Kimmie Mu Matsunaga $4212.0010/01/202331991 10/01/2023Xitlalai Del Real Sanchez$1433.0010/01/202331992 10/01/2023 Mary L Haynes $1060.0010/01/202331993 10/01/2023 Clinett Glazis $368.0010/01/202331994 10/01/2023 Jim & Nancy Bailey $584.0010/01/202331995 10/01/2023 Kimberly Nguyen $836.0010/01/202331996 10/01/2023 LLP Investments $2463.0010/01/202331997 10/01/2023 Joseph M. Kwok $1793.0010/01/202331998 10/01/2023 Leng Zhang and Bao Ying Jiang $1340.0010/01/202331999 10/01/2023 Mack E Titus $413.0010/01/202332000 10/01/2023 Lourdes J. Garrison $1765.0010/01/202332001 10/01/2023Angelica Garcia$2343.0010/01/202332002 10/01/2023 Sophia Wong $1247.0010/01/202332003 10/01/2023 Lois J Gaston $1277.0010/01/202332004 10/01/2023 Doan & Lily Thi $2100.0010/01/202332005 10/01/2023 El Monte Affordable Housing Partner $309.0010/01/202332006 10/01/2023 Jose Baudelio Delgado $570.0010/01/202332007 10/01/2023 Larry Mimms $1600.0010/01/202332008 10/01/2023 Jaime Jimenez $627.0010/01/202332009 10/01/2023 Ramiro Viramontes and Veronica $195.0010/01/202332010 10/01/2023 $1584.0010/01/202332011 10/01/2023 Fat Law $851.0010/01/202332012 10/01/2023 Kevin Kambor Kwong and Yuk Ming $1524.0010/01/202332013 10/01/2023 Dwight Chang $2460.0010/01/202332014 10/01/2023 Mozhgan Tavakoli $1638.0010/01/202332015 10/01/2023 Jun Tang $576.0010/01/2023Check Register Report AZ 10/09/2023 Page 3Copyright © 2011-2023, HAPPY Software, Inc. 32016 10/01/2023Anmelindon LLC$1714.0010/01/202332017 10/01/2023 Lourdes Vela $3821.0010/01/202332018 10/01/2023 Gilbert Roybal $966.0010/01/202332019 10/01/2023 Philip & Fanny Kwok $1578.0010/01/202332020 10/01/2023 Primrose Villa dba Oak Park-North $4412.0010/01/202332021 10/01/2023 Woodside Village Apartments LP $6941.0010/01/202332022 10/01/2023 Cynthia Pham $744.0010/01/202332023 10/01/2023 Katie Yau and Daniel Hong $3040.0010/01/202332024 10/01/2023 Fanny Chan$1100.0010/01/202332025 10/01/2023 Baldwin Rose LP $1850.0010/01/202332026 10/01/2023 Kwan and Mei Chiang $1399.0010/01/202332027 10/01/2023 Sergio Molina $338.0010/01/202332028 10/01/2023 Chuen Lau $1371.0010/01/202332029 10/01/2023 Tanya H Chen $2010.0010/01/202332030 10/01/2023 Dan Thanh Peng and Hoan Peng $1626.0010/01/202332031 10/01/2023 Peter N Wong or $1090.0010/01/202332032 10/01/2023 JM Lam Investment LLC $652.0010/01/202332033 10/01/2023 Ngoc Lieu $1252.0010/01/202332034 10/01/2023 Joseph H. Garcia $1427.0010/01/202332035 10/01/2023 Lark Ellen Village $12788.0010/01/202332036 10/01/2023Xuyen Thach Han$3200.0010/01/202332037 10/01/2023 EZ APT LLC$1182.0010/01/202332038 10/01/2023 Kim Wah Wong and Sau Yi Wong $1478.0010/01/202332039 10/01/2023 Lucena A Ewing $4292.0010/01/202332040 10/01/2023 Jocelyn Jae Jhong $1449.0010/01/202332041 10/01/2023 Emilio De Jesus Cruz $206.0010/01/202332042 10/01/2023 Isabel R Sanchez $1760.0010/01/202332043 10/01/2023 Cienega Garden Apartments $6672.0010/01/202332044 10/01/2023Vinh Hong Lai$3616.0010/01/202332045 10/01/2023 LPC 1829 E Workman Ave., LLC $27633.0011/01/202232046 10/01/2023 LPC 1829 E Workman Ave., LLC $22405.0007/01/202332047 10/01/2023 Doreen E Ewing $1337.0010/01/202332048 10/01/2023 Moller Property Management $1264.0010/01/202332049 10/01/2023 Olie Terrell Johnson $845.0010/01/202332050 10/01/2023 TPA/NASCH LLC, Westgate as a sole $3558.0010/01/202332051 10/01/2023 TDF LP - Pacific Towers c/o Winn $15627.0010/01/202332052 10/01/2023 Paul & Annie W Chau $934.0010/01/202332053 10/01/2023 Steven Eraj Espantman and Marta $1327.0010/01/202332054 10/01/2023 Gilbert Dominguez $12647.0010/01/202332055 10/01/2023 Eric Yu $1662.0010/01/202332056 10/01/2023 Up Hill Investment Inc. $1766.0010/01/202332057 10/01/2023 Dieu Van Huynh $973.0010/01/202332058 10/01/2023 Kelly Nguyen $1614.0010/01/202332059 10/01/2023Vijay Gulati$4923.0010/01/202332060 10/01/2023 Nancy Mikhaiel $2581.0010/01/202332061 10/01/2023 Badillo Street Senior Apartments, LLC $23224.0010/01/2023Check Register Report AZ 10/09/2023 Page 4Copyright © 2011-2023, HAPPY Software, Inc. 32062 10/01/2023 Monrovia Heritage Park LP Heritage $16471.0010/01/202332063 10/01/2023 Los Angeles County Housing Authority $7820.1210/01/202332064 10/01/2023 Tyler-Valley Metro Housing, LP $9634.0010/01/202332065 10/01/2023 James or Barbara Fox $1086.0010/01/202332066 10/01/2023 Mayra Ortega$1141.0010/01/202332067 10/01/2023 Sel Homes LLC $6757.0010/01/202332068 10/01/2023 Hui Chuan Wang $3806.0010/01/202332069 10/01/2023 725-731 W. Duarte Rd, LLC $982.0010/01/202332070 10/01/2023 Nhan Nguyen and Amy Tran $2948.0010/01/202332071 10/01/2023 Paul P Simon $2189.0010/01/202332072 10/01/2023 Puente Villa LLC $751.0010/01/202332073 10/01/2023 RAMONA BLVD. FAMILY $10041.0010/01/202332074 10/01/2023AJG Realty Inc.$1892.0010/01/202332075 10/01/2023 Maria Martha Martinez $1422.0010/01/202332076 10/01/2023Antonio & Aida Rinos$1065.0010/01/202332077 10/01/2023 Greater San Gabriel Valley Property$1144.0010/01/202332078 10/01/2023Annette C Scott$1597.0010/01/202332079 10/01/2023 Denise Van Pham $3760.0010/01/202332080 10/01/2023 1024 Royal Oaks LP dba Whispering $15973.0010/01/202332081 10/01/2023 1024 Royal Oaks LP dba Whispering $12580.0010/01/202332082 10/01/2023 Derek Sim$1112.0010/01/202332083 10/01/2023 Josephine Tran$1139.0010/01/202332084 10/01/2023Allan M. & Virginia J Chipp and Ralph$1061.0010/01/202332085 10/01/2023 Zi Jian Li $1883.0010/01/202332086 10/01/2023 Minh A Nguyen $1792.0010/01/202332087 10/01/2023 Jaime Barcena $1250.0010/01/202332088 10/01/2023 Monica D Mao $1377.0010/01/202332089 10/01/2023 Shiu-Ein Huang $264.0010/01/202332090 10/01/2023 LAI MING LEUNG $489.0010/01/202332091 10/01/2023 The Promenade Housing Partners, LP $5083.0010/01/202332092 10/01/2023 Paramjit S Nijjar $2701.0010/01/202332093 10/01/2023 Rosa Beltran $1643.0010/01/202332094 10/01/2023 James Ronald Nguyen $1208.0010/01/202332095 10/01/2023 David Wagner $1206.0010/01/202332096 10/01/2023Ynfante Holdings I, LLC$1084.5310/01/202332097 10/01/2023 Roman Basin $1059.0010/01/202332098 10/01/2023 Sandhya Kal and Padma Kal $1435.0010/01/202332099 10/01/2023 K. Carl and Zitta A Setian $1395.0010/01/202332100 10/01/2023 Nomer Lacson$2117.0010/01/202332101 10/01/2023Anna & Simon Choi$1369.0010/01/202332102 10/01/2023 Chung Thi Pham $2571.0010/01/202332103 10/01/2023 Rosie Leon $1263.0010/01/202332104 10/01/2023 Roy Lam $1384.0010/01/202332105 10/01/2023 Golden Dragon Properties LLC c/o $840.0010/01/202332106 10/01/2023 Nancy H Shen $719.0010/01/202332107 10/01/2023 Joe Clark $1589.0010/01/2023Check Register Report AZ 10/09/2023 Page 5Copyright © 2011-2023, HAPPY Software, Inc. 32108 10/01/2023 Richard A DaSylveira $296.0010/01/202332109 10/01/2023 M B Equity LLC $1450.0010/01/202332110 10/01/2023 Sara Romo $1961.0010/01/202332111 10/01/2023 T & P Property LLC $945.0010/01/202332112 10/01/2023 Singing Wood Senior Housing LP $16272.0010/01/202332113 10/01/2023 Michael H Phuong $1067.0010/01/202332114 10/01/2023 Sitara B. Mamdani $2239.0010/01/202332115 10/01/2023 Joseph Pham $820.0010/01/202332116 10/01/2023 Garvey Senior Affordable Partners, LP $0.0010/01/202332117 10/01/2023 Ryan Kinpong Woo and Ching King $894.0010/01/202332118 10/01/2023 Mei Yan Chen $1215.0010/01/202332119 10/01/2023 Shawn Hui Zhen $2577.0010/01/202332120 10/01/2023 Fred Lau $682.0010/01/2023$715,943.21Total533Unit Count$1,355.61Average Weighted by Unit Count$1,292.32AverageHard to House Count Check Register Report AZ 10/09/2023 Page 6Copyright © 2011-2023, HAPPY Software, Inc.
STAFF REPORT
ITEM NO. HA-2
TO: Chair and Members of the Housing Authority
FROM: Rose Tam, Director of Finance
PREPARED BY: Anthony Ceballos, Accountant
DATE: October 18, 2023
SUBJECT: Treasurer’s Report HA – August 2023
SUMMARY
Attached is the Treasurer’s Report for the month of August 2023. 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 August 2023.
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
ATTACHMENTS
1. Exhibit “A”, Treasurer’s Report
CHARITABLE RELIEF
FOUNDATION
REGULAR MEETING
Agenda
October 18, 2023, 7:00 PM
Chair
Vice Chair
Board Member
Board Member
Board Member
Emmanuel J. Estrada
Monica Garcia
Alejandra Avila
Jean M. Ayala
Daniel Damian
Welcome to your Charitable Relief Foundation Meeting
We welcome your interest and involvement in the City’s legislative process. This agenda includes information about topics coming before the Charitable Relief Foundation and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city’s website and in the Office of the City Clerk.
Please note that, in the event of a technical issue causing a disruption in the call-in option or internet-based option, the meeting will continue unless otherwise required by law, such as when a Board Member is attending the meeting virtually pursuant to certain provisions of the Brown Act.
Please Note: Electronic devices are to be turned off while meetings are in session.
How to watch
The City of Baldwin Park provides two ways to watch a Charitable Relief Foundation meeting:
In Person
Most Planning Commission meetings
take
place at City Hall, 14403 E. Pacific
Ave., Baldwin Park, CA 91706
Online
Audio streaming will be available at
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Reasonable Accommodations
Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. In compliance with the ADA, if you need special assistance for the meeting, please contact the City Clerk’s Office at (626) 960-4011 ext. 466 or [email protected]. within 24 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility.
Public Comments
The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Clerk.
Public Communication
There is a three-minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to [email protected].
Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA.
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATIONS
NEW BUSINESS
1. Adoption of Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas campaign entitled, "Resolution of the Board of Directors Program Year 2023"
It is recommended that the Board of the Baldwin Park Charitable Relief Foundation:
1) Adopt Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas Campaign entitled, “RESOLUTION OF THE BOARD OF DIRECTORS PROGRAM YEAR 2023” and;
2) Authorize the Chair of the Baldwin Park Charitable Relief Foundation to execute further documents.
ADJOURNMENT
CERTIFICATION
I, Christopher Saenz, 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.
Christopher Saenz
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 [email protected]. 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)
STAFF REPORT
BCRF ITEM NO. _____1_____
TO: Chair and Members of the Charitable Relief Foundation FROM: Manuel Carrillo, Director of Recreation and Community Services
DATE: October 18, 2023
SUBJECT: Adoption of Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas campaign entitled, "Resolution of the Board of Directors Program Year
2023"
SUMMARY
The purpose of this staff report is to request the adoption of Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas Campaign to participate in the discounted holiday food basket program to support the Baldwin Park Charitable Relief Foundation Annual Holiday Basket Giveaway.
RECOMMENDATION
It is recommended that the Board of the Baldwin Park Charitable Relief Foundation:
1) Adopt Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas Campaign entitled, “RESOLUTION OF THE BOARD OF DIRECTORS PROGRAM YEAR 2023” and; 2) Authorize the Chair of the Baldwin Park Charitable Relief Foundation to execute further documents.
FISCAL IMPACT
There is a $2,000.00 fiscal impact to the Baldwin Park Charitable Relief Foundation budget to secure the 400 baskets from Navidad en el Barrio. Funding for the Food Collaborate Program (FCP) was appropriated City’s FY 23 -24 Budget in the amount of $185,087.31 from the American Rescue Plan Act. The expenditures associated with the additional supplemental food to fill up the baskets for the Food Basket Program qualify under the FCP for approximately expenditure of $25,000.00.
BACKGROUND
The Baldwin Park Charitable Relief Foundation participates in the annual holiday food basket program that distributes 400 food baskets to families and individuals who are Baldwin Park residents and who are in need of assistance during the holiday season. The food basket program is a collaborative effort between the Baldwin Park Charitable Relief Foundation, City of Baldwin Park, Navidad en el Barrio along with other local Supermarkets in the City. Navidad en el Barrio Inc. through the Christmas Campaign offers food baskets for distribution at a discounted rate on only $5.00 that includes; Randall Farms Chicken, Cheese, Drinks, Rice, Corn Tortillas, Canned Vegetables, Beans, and mixture fresh produce of fruit and vegetables. The City will be purchasing additional supplemental food at a discount price from D & D Wholesale Distributions Inc. as well as boxes for distribution. In addition, D & D Wholesale Distributions Inc., donates fresh food to supplement the content on the food baskets. The Department of Recreation of Community Services will be putting together a food drive campaign with local businesses and other agencies in the City.
The assembly of the food baskets and distribution is coordinated with community volunteers. The food basket holiday program is scheduled for Saturday, December 16, 2023. Interested applicant is required to submit a Food Basket Application prior to the December 9, 2023, deadline. Applicants must be Baldwin Park residents only order to qualify for the program.
ALTERNATIVES
The alternative is not to adopt the resolution.
LEGAL REVIEW
None is required.
ATTACHMENTS
1. Resolution of the Board of Directors Program Year 2023
A Navidad En El Barrio Document
RESOLUTION of the Board of Directors
Program Year 2023
AGENCY NAME Baldwin Park Charitable Relief Foundation_ NO OF BASKETS__400______
The Board of Directors of _Baldwin Park Charitable Relief Foundation will participate in the Navidad En El Barrio, Inc., Christmas Campaign; the board authorizes the corporation to execute the Navidad En El Barrio 2023 Agency Agreement; and to certify to Navidad En El Barrio, Inc. that if any agency staff or board member is a staff or board member of Navidad En El Barrio, Inc., that person is N.A .
On motion duly made, recorded and unanimously carried, the following resolution was adopted:
RESOLVED, that Baldwin Park Charitable Relief Foundation ___ (name of agency)
Is authorized to participate in the 2023 Navidad En El Barrio, Inc., Christmas campaign; that the corporation may execute the Navidad En El Barrio 2023 Agency Resolution Agreement.
Signed______________________________________________________ Emmanuel J. Estrada, Chair
CERTIFICATE OF CITY CLERK
I certify that I am duly elected City Clerk of the Board of Directors of City of Baldwin Park, a California non-profit corporation and that the above Resolution was passed by unanimous vote of the Board of Directors on October 18, 2023.
Executed on October 18, 2023, at Baldwin Park, California.
Signed______________________________________________________ Christopher Saenz, City Clerk