Agenda packet — Baldwin Park City Council, November 20, 2024 (part 1 of 2)

CITY COUNCIL

SPECIAL MEETING
Agenda
November 20, 2024, 5:00 PM

Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Jean M. Ayala
Alejandra Avila
Daniel Damian
Monica Garcia
Welcome to your City Council Meeting

We welcome your interest and involvement in the City’s legislative process. This agenda includes information about topics coming before the City Council 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. 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 City Council meeting:

In Person

Most City Council 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. 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]

CALL TO ORDER

ROLL CALL

PUBLIC COMMUNICATIONS

OPEN SESSION/STUDY SESSION

RECESS CLOSED SESSION

1. Conference with Legal Counsel – Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:

A. Case: Cetina, Huerta, Jimenez, Parra, Real, Case No. 22STCV14121 Valdivia v. City of Baldwin Park
Los Angeles Superior Court
B. Case: Rosario Carr v City of Baldwin Park Case No. 24STCV19252 Los Angeles Superior Court
C. Case: Matthew Rodriguez v. Baldwin Park et al. Case No. 2:22-cv-01069-FLA-MAR United States District Court, Central Districts of California D. Case: Jorge Huerta v City of Baldwin Park Case No. 22PSCP00250 Los Angeles Superior Court
E. Case: DJCBP Corporation dba Tier One Case No. 2:23-cv-00384 Consulting and David Ju

2. Conference with Real Property Negotiators
Pursuant to California Government Code, Section 54956.8 A. Property: Susan Rubio Zocalo Park Retail Space
Agency negotiator: Enrique C. Zaldivar, CEO;
Ron Garcia, Director of Community Development
Negotiating parities: Jerry Briseno, La Cocinita
Negotiating parties: Alfonso Romero, La Cosecha Mexican Bistro Under Negotiation: Price and Terms of Payment

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. Dated this 14th day of November 2024.

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)

Page 1 of 6 ends

CITY COUNCIL

REGULAR MEETING
Agenda
November 20, 2024, 7:00 PM

Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Jean M. Ayala
Alejandra Avila
Daniel Damian
Monica Garcia
Welcome to your City Council Meeting
We welcome your interest and involvement in the City’s legislative process. This agenda includes information about topics coming before the City Council 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.

How to watch
The City of Baldwin Park provides two ways to watch a City Council meeting:

In Person

Most City Council 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.

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

Page 2 of 6 ends

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

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

REPORT FROM CLOSED SESSION

ANNOUNCEMENTS

The City Council are also members of the Board of Directors of the Housing Authority and Finance Authority which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting.

PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Presentation– Proclamation presented to Councilmember Monica Garcia.

PUBLIC COMMUNICATIONS

CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda.

1. City of Baldwin Park’s Warrants and Demands
Staff recommends that the City Council ratify the attached Warrants and Demands Register.

2. Treasurer’s Report City (CC) – October 2024
Staff recommends that Council receive and file the Treasurer’s Report for October 2024.

3. Meeting Minutes of November 6, 2024
It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting and Baldwin Park Charitable Relief Foundation Meeting held on November 6, 2024.

4. Claim Rejection
Staff recommends that the City Council reject the following claim and direct staff to send the appropriate notice of rejection to claimant:
• Lizette Garcia The claimant alleges property damage. • Perla Ramirez The claimant alleges property damage. • Westleigh Santamaria The claimant alleges property damage. • Sharleen Esquivel The claimant alleges property damage and bodily injury. • Jorge Huerta The claimant alleges errors and omissions.

Page 3 of 6 ends

This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members.

5. Recommendation for Approval of Funding from the Measure BP Stakeholders Oversight Committee (SOC) – Morgan Park Plaza Improvements
It is recommended that the City Council:

1. Approve the recommendation from the SOC for Council approval of Funding from Measure BP Revenue for the Morgan Park Plaza Improvements in the amount of $1,000,000; and

2. Authorize the Director of Recreation & Community Services to solicit Professional Architectural Services and any necessary documents associated with the project and grant funds; and

3. Authorize the Chief Executive Officer to make technical corrections as necessary to carry out the intent of the City Council; and

4. Authorize the Director of Finance to appropriate $1,000,000 from Measure BP Fund and make necessary adjustments to the budget.

6. Approving an Agreement with the County of Los Angeles Department of Public Health and Safety Inspection and Enforcement Services of Cannabis Facilities.

Staff recommends that the City Council:

1. Receive and file the staff report; and

2. Approve the Agreement between the County of Los Angeles Department of Public Health and the City of Baldwin Park for Public Health and Safety Inspection and Enforcement Services of Cannabis Facilities and authorize the Mayor to execute the Agreement; and

3. Direct Staff to prepare an ordinance that incorporates the County Emblem Program into the Baldwin Park Municipal Code as a follow-up deliverable.

7. Approval Of Resolution For California Declared Disaster DR# 4482; Cal OES ID# 037-03666; COVID-19 Pandemic Relief
It is recommended that the City Council:

1. Approve the attached Agent Resolution DR# 4482; and

2. Authorize the Chief Executive Officer, Chief of Police, or the Director of Finance to complete and sign all appropriate documentation necessary to close out this reimbursement claim.

3. Authorize the Director of Finance to make necessary budget adjustments based on the reimbursement received.

8. Resolution No. 2024 -048 - Adoption of a Housing Inspection Policy Pursuant to the Requirements of AB 548
It is recommended that the Council adopt Resolution No. 2024 -048, for the adoption of a policy pursuant to the requirements of AB 548 relating to housing inspections.

9. Acceptance of Construction Improvements and Authorization for Filing of Notice of Completion for CIP 22 -044 - Susan Rubio Zocalo Park and Civic Center Plaza Project. Request for Appropriation of Additional Construction Contingency Funds to Support Project Closeout.

It is recommended that the City Council:

1. Accept the construction improvements by PCN3, inc. of Los Alamitos, CA and authorize the recordation of a Notice of Completion for City Project No. CIP 22-044 – Susan Rubio Zocalo Park and Civic Plaza;

2. Authorize the releasee of retention funds in the amount of up to $550,000 to PCN3, Inc upon the expiration of the 35-day notice period; and

Page 4 of 6 ends

3. Authorize the Director of Finance to appropriate $250,000 from SB1Fund #256 to Account #256-50-520-58100-55022 and $350,000 from Measure W Fund #258 to Account #258 -50- 520-58100-55022 and to make the necessary budget adjustments.

4. Authorize the Director of Finance to reappropriate the original approved allocations by increasing funding in the amount of $1,000,000 from Measure W Fund #258 to Account #258- 50-520-58100-55022, and decreasing funding in the amount of $1,000,000 from Future Development Fund #200 to Account #200 -50-520-58100-55022, in order to free up funds in the Future Development Fund; and to reclassify charges related to these two funds and make the necessary budget adjustments.

10. Second Reading of Ordinance No. 1511 Amending the Baldwin Park Municipal Code Regulating the Use of Wheeled Devices on Public and Private Property, Adding Section 130.80 Titled "Wheeled Devices” to Chapter 130 of Title XIII
It is recommended that the City Council waive the second reading and adopt Ordinance No. 1511,

AMENDING THE BALDWIN PARK MUNICIPAL CODE TO REGULATE THE USE OF WHEELED DEVICES ON PUBLIC AND PRIVATE PROPERTY, ADDING SECTION 130.80 TITLED "WHEELED DEVICES" TO CHAPTER 130 OF TITLE XIII.

11. Authorize the Award of a Construction Contract to PCN3, Inc of Los Alamitos, CA for City Project No. CIP 22-038 City Council Chambers Renovation Improvements It is recommended that the City Council:

1. Approve and award the construction contract to PCN3, Inc., of Los Alamitos, CA in the amount of $4,458,000; and

2. Authorize the Director of Public Works to negotiate and execute an agreement with one the City’s on-call consultants for construction management and inspection services in an amount not-to-exceed $378,000; and,

3. Authorize a 10% construction contingency in an amount not-to-exceed $445,800; and,

4. Authorize the Mayor and City Clerk to execute the contract with PCN3, Inc.; and

5. Authorize the Director of Finance to make the necessary budget adjustments and ARPA allocations.

12. Approve Amendment No. 1 to Construction and Maintenance Agreement between the City and Southern California Regional Rail (SCRRA/Metrolink) for City Project No. CIP 20 -31 & CIP 20-35 Traffic Signal and Rail Crossing Safety Improvements at Pacific Avenue and Bogart Avenue.

It is recommended that the City Council

1. Approve Amendment No. 1 to the Construction and Maintenance Agreement between the City of Baldwin Park and Southern California Regional Rail Authority (SCRRA) subject to final language approved by the City Manager and City Attorney and authorize the Mayor to execute the Agreement; and

2. Authorize payment in the amount of $603,100.00 to SCRRA to cover construction cost increases of railroad signal improvements and the addition of the wireless crossing station stop related to the railroad improvements on Pacific Avenue between Bogart and Downing Avenue;

3. Authorize the Director of Finance to appropriate $981,000 from Measure M Bond, un - appropriate $700,000 from STPL funds, and make the necessary budget adjustments.

Page 5 of 6 ends

PUBLIC HEARING

13. Consideration of Adoption of an Urgency Ordinance No. 1512 Amending Sections 153.040.070, 153.070.020, 153.120.350, 153.120.360 and 153.120.370 of the Baldwin Park Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Finding the Action to be Statutorily Exempt from CEQA Under Section 21080.17 of the Public Resources Code(Location: Citywide; Applicant: City of Baldwin Park; Case Number: AZC 24-04).

It is recommended that the City Council:

1. Waive further reading, read by title only and adopt Urgency Ordinance No. 1512 entitled, “AN

URGENCY ORDINANCE OF THE CITY OF BALDWIN PARK AMENDING
SECTION 153.040.070, 153.070.020, 153.120.350, 153.120.360 AND 153.120.370 OF THE

BALDWIN PARK MUNICIPAL CODE RELATING TO ACCESSORY DWELLING

UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN RESPONSE TO CHANGES IN STATE LAW” and approve Zoning Code Text Amend application AZC 24-04.

2. Find the proposed ordinance is exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.). Specifically, the ord inance is categorically exempt from CEQA under Guidelines Section 21080.17, which exempts the adoption of an Accessory Dwelling Unit ordinance to implement the provisions of Section 66310, et. seq. of the Government Code, and that therefore no environmenta l review under CEQA is required.

REPORTS OF OFFICERS

14. Approval of Employment Agreement with Ryan Mulligan for the position of Housing Manager It is recommended that the City Council

1. Approve the Agreement with Ryan Mulligan for the position of Housing Manager (subject to any non-substantive changes made by Chief Executive Officer and the City Attorney); and

2. Authorize the Mayor and City Clerk to execute Employment Agreement with Ryan Mulligan.

15. Receive and file the completed Transit Route Efficiency Study for the City of Baldwin Park’s Transit System prepared by Evan Brooks and Associates. Approve recommended changes and authorize the Acting Director of Public Works to publish a Request for Proposals for operation of the Transit System with new service recommendations as deemed appropriate by Council.

It is recommended that the City Council:

1. Receive and file attached Transit Route Efficiency Study for the City of Baldwin Park’s Transit System prepared by Evan Brooks and Associates (EBA).

2. Approve recommended changes to transit services as outlined in the Study.

3. Authorized the Acting Director of Public Works to prepare and publish a Request for Proposals (RFP) for Transit Services based on services recommendations as directed by Council and to undertake other steps necessary to finalize Council’s action.

16. Adopt Resolution No. 2024-050 Authorizing the Chief Executive Officer to Establish a Process for Street Name Changes to Conform with the City’s Street Naming Policy and Citywide Naming Policy and Rescind Resolution No. 92-108
It is recommended that the City Council:

1. Rescind and Repeal Resolution No. 92-108; and

2. Adopt Resolution No. 2024-050 Authorizing the CEO to Update the Process for Street Name Changes

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CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY

DEVELOPMENT COMMISSION
SA 1. Successor Agency to The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands
Staff recommends that the Board ratify the attached Warrants and Demands Register.

SA 2. Treasurer’s Report SA – October 2024
Staff recommends that the Board receive and file the Treasurer’s Report for October 2024.

FINANCE AUTHORITY BOARD CONSENT CALENDAR

1. Treasurer’s Report FA – October 2024
Staff recommends that the Board receive and file the Treasurer’s Report for October 2024.

HOUSING AUTHORITY BOARD 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 – October 2024
Staff recommends that the Board receive and file the Treasurer’s Report for October 2024.

CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION

Councilmember Avila requests consensus from the City Council to direct Staff to conduct a review of the City’s current policy as a “Sanctuary City” memorialized in Resolution No. 2017 -171 declaring the City of Baldwin Park a Sanctuary City for all residents, regardless of immigration status. It is an important reminder to ourselves and a reassurance to our City residents that our City welcomes, serves, and respects the contributions and the needs of all residents, regardless of immigration status.

Chief Executive Officer Zaldivar and Chief Deputy City Clerk Quinones would like to inform Council that the Official Election Results are not scheduled to be available until Thursday, December 5, 2024. In light of this, on December 11, 2024 at 6:00 p.m. w e will hold a Special Meeting for the swearing -in ceremony and reorganization of City Council Members. This will also provide Council ample time for Council to invite family and special guests.

ADJOURNMENT

Christopher Saenz
City Clerk

STAFF REPORT
ITEM NO. _____1_____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
PREPARED BY: Ana Zhang, Senior Finance Clerk
DATE: November 20, 2024
SUBJECT: City of Baldwin Park’s Warrants and Demands

SUMMARY
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council.

RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register.

FISCAL IMPACT
The payroll for the last period was $618,068.61 and the attached General Warrants Register was $579,007.50 for a total amount of $1,197,076.11.

BACKGROUND
The attached Claims and Demands report format meet the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council m eeting and the following is a summary of the payment released:

1. The last payroll of the City of Baldwin Park consists of check numbers 202670 to 202688 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 50641 to 50923 for the period October 13, 202 4, through October 26, 2024 inclusive; these are presented and hereby ratified in the amount of $618,068.61.

2. General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $298,608.86 and checks from 248689 to 248776 in the amount of $280,398.64 for the period of October 29, 2024 to November 7, 2024, inclusive; in the total amount of $579,007.50 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified.

LEGAL REVIEW
Not Applicable

ATTACHMENTS

1. Check Register

Amount
248715 10/31/2024 EVAN BROOKS ASSOCIATES, INC TRANSIT ROUTE EFFICIENCY STUDY FOR CITY THRU SEP30 244-50-580-51100-15520 37,821.30$ 248712 10/31/2024 ECOTECH SERVICES, INC. CIP23-004 HIGH EFFICIENCY TOILET AND SHOWER 275-50-755-58100-55026 6,036.81$ 248713 10/31/2024 EMILY SHEA RENTAL DEPOSIT REFUND-10/19/2024-SENIOR CENTER 501-60-000-22333-00000 400.00$ 248714 10/31/2024 ERNEST BARRIOS PER DIEM-DT/ACT INSTRUCTOR'S COURSE-12/2-12/13/24 100-30-310-53200-00000 80.00$ 248710 10/31/2024 DULCE M. CRUZ CATERING SRVC FOR EMPLOYEE RECOGNITION-7/18/24 100-60-610-51101-00000 1,486.50$ 248711 10/31/2024 DULCE M. CRUZ FOOD AND BEVERAGES FOR SUSAN RUBIO ZOCALO 200-25-299-53100-00000 6,780.38$ 248712 10/31/2024 ECOTECH SERVICES, INC. SEP 2024-CIP23-004 HIGH EFFICIENCY TOILET&SHOWER 275-50-755-58100-55026 13,064.70$ 248707 10/31/2024 CHRISTOPHER FLORES VIDEOGRAPHY FOR NEW JOURNEY CEL.10/15/2024 100-10-100-53100-00000 750.00$ 248708 10/31/2024 CITY OF SANTA ANA DT/ACT INSTRUCTOR COURSE-12/2-12/13/2024 100-30-310-53200-00000 1,250.00$ 248709 10/31/2024 DULCE M. CRUZ CATERING SRVC FOR NEW JOURNEY CELEBRATION-10/17/24 100-10-100-53100-00000 1,334.02$ 248705 10/31/2024 CATHY FAMILATHE RENTAL DEPOSIT REFUND-9/28/2024-ARC 501-60-000-22333-00000 500.00$ 248706 10/31/2024 CHICAS GRAPHICS AND DESIGN SUPPLIES FOR SIGNS CARD STOCK 240-50-551-53100-00000 110.25$ 248706 10/31/2024 CHICAS GRAPHICS AND DESIGN NO PARKING SIGNS-TRICK OR TREAT W COPS 245-50-550-53100-13801 41.34$ 248703 10/31/2024 CALIFORNIA BUILDING OFFICIALS CA BUILDING OFFICIALS TRAINING-L. TANG 100-40-450-53200-00000 155.00$ 248703 10/31/2024 CALIFORNIA BUILDING OFFICIALS CA BUILDING OFFICIALS TRAINING-N. MOTA 100-40-450-53200-00000 155.00$ 248704 10/31/2024 CANON FINANCIAL SERVICES, INC NOV 2024-LEASES FOR 2 SHARP 401-10-141-58140-11504 373.74$ 248701 10/31/2024 BMO BANK N.A. TRAINING COURSE FOR DET. THOMAS IP 271-30-350-53200-17224 495.00$ 248702 10/31/2024 CAL BLEND SOILS INC BULK LANDSCAPE PRODUCTS 251-50-560-53100-00000 107.49$ 248703 10/31/2024 CALIFORNIA BUILDING OFFICIALS CA BUILDING OFFICIALS TRAINING-M. MENDELHALL 100-40-450-53200-00000 225.00$ 248701 10/31/2024 BMO BANK N.A. GLOVES FOR PATROL 100-30-310-53100-00000 267.25$ 248701 10/31/2024 BMO BANK N.A. GLOVES FOR PATROL 100-30-310-53100-00000 64.14$ 248701 10/31/2024 BMO BANK N.A. HOTEL STAY FOR LT. DAVID LEON-10/7-10/10/2024 100-30-310-53200-00000 396.00$ 248701 10/31/2024 BMO BANK N.A. REPLENISH TOLL ROAD ACCOUNT 100-30-310-51101-00000 45.00$ 248701 10/31/2024 BMO BANK N.A. REPLENISH TOLL ROAD ACCOUNT 100-30-310-51101-00000 46.48$ 248701 10/31/2024 BMO BANK N.A. PURCHASED P.O.S.T. APPROVED TABS FOR DISPATCHER 100-30-310-53100-00000 149.39$ 248701 10/31/2024 BMO BANK N.A. CHIEF'S LUNCHEON WITH RECORDS 100-30-300-53100-00000 140.90$ 248701 10/31/2024 BMO BANK N.A. REPLENISH TOLL ROAD ACCOUNT 100-30-310-51101-00000 45.00$ 248701 10/31/2024 BMO BANK N.A. REPLENISH TOLL ROAD ACCOUNT 100-30-310-51101-00000 45.00$ 248698 10/31/2024 BENLO R.V. SERVICES SUPPLIES FOR BLACK TRAILER 402-50-590-53100-00000 90.29$ 248699 10/31/2024 BERLITZ LANGUAGES, INC. BILINGUAL TEST-SPANISH-SEP 2024 100-10-150-51101-00000 240.00$ 248700 10/31/2024 BLACK & WHITE EMERGENCY VEHICLES, LLC REPAIRS (INCLUDING PARTS) FOR POLICE VEHICLES 402-50-591-53371-00000 600.00$ 248697 10/31/2024 BALDWIN PARK INVESTMENTS, INC. SEP 2024-CARWASH FOR ALL CITY&POLICE VEHICLES 402-50-590-51101-00000 460.00$ 248697 10/31/2024 BALDWIN PARK INVESTMENTS, INC. AUG 2023-CARWASH FOR ALL CITY&POLICE VEHICLES 402-50-591-51101-00000 460.00$ 248698 10/31/2024 BENLO R.V. SERVICES SUPPLIES FOR UNIT CP1 402-50-591-53100-00000 721.04$ 248696 10/31/2024 BALDWIN PARK FLOWERS & GIFTS FLORAL ARRANGE.&TABLE COVERS-NEW JOURNEY CELEBRA. 100-10-100-53100-00000 530.00$ 248697 10/31/2024 BALDWIN PARK INVESTMENTS, INC. AUG 2024-CARWASH FOR ALL CITY&POLICE VEHICLES 402-50-590-51101-00000 425.00$ 248697 10/31/2024 BALDWIN PARK INVESTMENTS, INC. AUG 2024-CARWASH FOR ALL CITY&POLICE VEHICLES 402-50-591-51101-00000 425.00$ 248695 10/31/2024 B&B TIRE SERVICE TIRES REPAIR-PW#5098-10/11/2024 402-50-590-53371-00000 60.00$ 248695 10/31/2024 B&B TIRE SERVICE TIRE MOUNT AND DISPOSAL-PW#5098-10/4/2024 402-50-590-53371-00000 60.00$ 248696 10/31/2024 BALDWIN PARK FLOWERS & GIFTS FLORAL ARRANGE.&TABLE COVERS-NEW JOURNEY CELEBRA. 100-10-100-53100-00000 501.64$ 248693 10/31/2024 ARIZONA MACHINERY LLC BALL BEARING FOR UNIT # 5036 TRAILER 402-50-590-53100-00000 67.95$ 248694 10/31/2024 AUTOMATION SOLUTIONS, INC. ELECTRICAL REPAIRS@MORGAN PARK-10/7/2024 100-60-620-53371-55003 440.07$ 248694 10/31/2024 AUTOMATION SOLUTIONS, INC. ELECTRICAL REPAIRS@MORGAN PARK-10/7/2024 252-60-620-53371-00000 440.06$ 248691 10/31/2024 AGRISERVE PEST CONTROL INC FRUIT SUPPRESSION TREATMENT-10/18/2024 240-50-560-51101-00000 550.00$ 248692 10/31/2024 APRIL M. ROJO PARTS FOR SENIOR CENTER PA SYSTEM 100-60-630-53100-00000 26.54$ 248693 10/31/2024 ARIZONA MACHINERY LLC BALL BEARING FOR UNIT # 5036 TRAILER 402-50-590-53100-00000 490.39$ 248691 10/31/2024 AGRISERVE PEST CONTROL INC TURF WEED CONTROL AT BARNES PARK-7/1/2024 240-50-560-51101-00000 185.00$ 248691 10/31/2024 AGRISERVE PEST CONTROL INC FRUIT SUPPRESSION TREATMENT-10/3/2024 240-50-560-51101-00000 1,242.00$ 248691 10/31/2024 AGRISERVE PEST CONTROL INC FRUIT SUPPRESSION TREATMENT-10/9/2024 240-50-560-51101-00000 1,242.00$ Check Register
City of Baldwin Park, CA By (None)
Payment Dates 10/29/2024 - 11/7/2024
Payment Number Payment Date Vendor Name Description (Item) Account Number 248689 10/31/2024 ABSOLUTE SECURITY INTERNATIONAL CORP SECURITY SRVC-SENIOR CENTER&ARC-SEP 2024 501-60-000-22328-00000 857.84$ 248690 10/31/2024 ADRIANNA LOPEZ ARPA REIM-REGIST-BASIC-9/16-10/4/2024 275-60-734-53370-16077 195.00$

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AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 248746 10/31/2024 PRIME POWER EQUIPMENT INC MATERIALS & SUPPLIES FOR TREE SECTION 240-50-561-53100-00000 47.42$ 248746 10/31/2024 PRIME POWER EQUIPMENT INC MATERIALS & SUPPLIES FOR STREET LANDSCAPE CREW 245-50-560-53100-15536 229.94$ 248747 10/31/2024 PUENTE HILLS CHEVROLET MATERIALS & SUPPLIES FOR UNIT #3145 402-50-591-53100-00000 271.60$ 248746 10/31/2024 PRIME POWER EQUIPMENT INC REPAIRS & MAINTENANCE OF STREET LANDSCAPE 10/14/24 245-50-560-53371-15536 253.87$ 248746 10/31/2024 PRIME POWER EQUIPMENT INC MAINTENANCE & REPAIR TO HEDGE TRIMMER 10/14/24 245-50-581-53371-15510 144.80$ 248746 10/31/2024 PRIME POWER EQUIPMENT INC MATERIALS & SUPPLIES FOR TREE SECTION 240-50-561-53100-00000 32.83$ 248745 10/31/2024 PLANET TECHNOLOGIES, INC. MICROSOFT 365 ANNUAL RENEWAL NOV.2024-OCT.2025 401-10-140-53379-00000 76,892.40$ 248746 10/31/2024 PRIME POWER EQUIPMENT INC MATERIALS & SUPPLIES FOR STREET LANDSCAPE CREW 245-50-560-53100-15536 996.43$ 248746 10/31/2024 PRIME POWER EQUIPMENT INC REPAIRS & MAINTENANCE OF STREET LANDSCAPE 10/14/24 245-50-560-53371-15536 356.04$ 248743 10/31/2024 PACIFIC PRODUCTS & SERVICES LLC MATERIALS & SUPPLIES FOR TRAFFIC SIGNS 245-50-550-53100-15622 875.22$ 248743 10/31/2024 PACIFIC PRODUCTS & SERVICES LLC MATERIALS & SUPPLIES FOR TRAFFIC SIGNS 245-50-550-53100-15622 1,746.36$ 248744 10/31/2024 PAINT BODY VINYL & GRAPHICS, INC. REFLECTIVE VINYL BOTH SIDES ON REAR DOOR UNIT#3127 402-50-591-51101-00000 154.07$ 248741 10/31/2024 ODP BUSINESS SOLUTIONS, LLC MATERIALS & SUPPLIES FOR ENGINEERING DIVISION 240-50-510-53100-00000 108.65$ 248741 10/31/2024 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES FOR COUNCIL/ADMIN 100-10-100-53100-00000 113.46$ 248742 10/31/2024 OLGA LEAL DUARTE ARP REIM-REGIS-SENIOR TRIP-GRAMMY&OLVERA 3/28/2024 275-60-726-53370-16074 40.00$ 248739 10/31/2024 RAQUEL M. CERVANTES CASE# RID 1202591- NOE CERVANTES 100-00-000-21225-00000 115.39$ 248740 10/31/2024 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES FOR STREET MAINTENANCE 240-50-551-53100-15705 92.45$ 248741 10/31/2024 ODP BUSINESS SOLUTIONS, LLC MATERIALS & SUPPLIES FOR ENGINEERING DIVISION 240-50-510-53100-00000 33.21$ 248737 10/31/2024 MIDWEST MOTOR SUPPLY MISCELLANEOUS SUPPLIES FOR FLEET SERVICES 402-50-590-53100-00000 262.26$ 248738 10/31/2024 MIRNA ESCOBEDO SUPPLIES FOR HALLOWEEN DECOR.-COMMUNITY CENTER 100-60-610-53100-00000 121.16$ 248738 10/31/2024 MIRNA ESCOBEDO SUPPLIES FOR EXTENSION CORDS FOR BASIC PROGRAM 100-60-650-53100-00000 17.59$ 248734 10/31/2024 LOS ANGELES COUNTY PUBLIC WORKS MAINTENANCE-SEP 2024-TRAFFIC SIGNAL&LIGHT 251-50-530-51100-00000 1,092.80$ 248735 10/31/2024 MARIPOSA LANDSCAPES INC. VALVES INSTALLATION ON OHIO AND MAINE 240-50-562-51101-00000 842.00$ 248736 10/31/2024 MARTINA FRAUSTO RENTAL DEPOSIT REFUND-10/12/2024-SENIOR CENTER 501-60-000-22333-00000 400.00$ 248734 10/31/2024 LOS ANGELES COUNTY PUBLIC WORKS SEWER SRVC-FY2021-22 249-50-510-51100-15400 50.50$ 248734 10/31/2024 LOS ANGELES COUNTY PUBLIC WORKS SEWER SRVC-FY2022/23 249-50-510-51100-15400 50.50$ 248734 10/31/2024 LOS ANGELES COUNTY PUBLIC WORKS SEP 2024-SG RIVER GREENWAY-LEASE MODIFICATION 245-50-520-58100-15093 304.33$ 248732 10/31/2024 LA CANADA DESIGN GROUP INC JUL 2024-DESIGN SRVC RELATED TO COUNCIL CHAMBER 275-50-765-58100-55018 1,288.00$ 248732 10/31/2024 LA CANADA DESIGN GROUP INC SEP 2024-DESIGN SRVC RELATED TO COUNCIL CHAMBER 275-50-765-58100-55018 2,486.25$ 248733 10/31/2024 LILIANA ACOSTA ARPA REIM-REGIST-BASIC-8/15-8/30/2024 275-60-734-53370-16077 156.00$ 248729 10/31/2024 JESSICA FRAGOZA RENTAL DEPOSIT REFUND-10/19/2024-ARC 501-60-000-22333-00000 500.00$ 248730 10/31/2024 JUST REWARDS GIFT CARDS FOR EMPLOYEE TRANSPORTATION 231-50-540-53120-00000 111.50$ 248731 10/31/2024 KIMBERLY SANTIAGO RENTAL DEPOSIT REFUND-10/6/2024-ARC 501-60-000-22333-00000 500.00$ 248727 10/31/2024 IRMA LANARO RENTAL DEPOSIT REFUND-10/23/2024-COMM. CENTER 501-60-000-22333-00000 150.00$ 248728 10/31/2024 JEEP CHRYSLER OF ONTARIO, INC. MOLDING FOR UNIT 7316 402-50-590-51101-00000 91.70$ 248728 10/31/2024 JEEP CHRYSLER OF ONTARIO, INC. HOSES FOR UNIT 3163 402-50-591-51101-00000 299.15$ 248724 10/31/2024 HONEYWELL INTERNATIONAL INC. NOV 2024-MAINTENANCE CONTRACT FOR HVAC SYSTEM 100-60-620-53371-16100 7,993.25$ 248725 10/31/2024 HOSE-MAN INC RADIATOR FAUCET 402-50-590-53100-00000 37.36$ 248726 10/31/2024 INTERNATIONAL E-Z UP, INC. EZ UP FOR THE PRIDE OF THE VALLEY 5K 100-60-610-53100-16146 1,036.78$ 248723 10/31/2024 HELEN HERNANDEZ SUPPLIES FOR BREAKFAST WITH SANTA 100-60-610-53100-16150 101.69$ 248723 10/31/2024 HELEN HERNANDEZ SUPPLIES FOR THE ARC 100-60-680-53100-00000 160.56$ 248723 10/31/2024 HELEN HERNANDEZ SUPPLIES FOR WINTER FEST 210-60-610-53100-16148 310.91$ 248721 10/31/2024 GOODWILL INDUSTRIES OF SOUTHERN CALIFORNIA NEXTGEN YOUTH EMPLOYMENT W BP CITY-AUG 2024 275-25-719-51101-17518 3,092.87$ 248722 10/31/2024 GRAINGER, INC. SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 41.68$ 248722 10/31/2024 GRAINGER, INC. SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 41.68$ 248720 10/31/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF POLICE 402-50-591-53100-00000 17.53$ 248720 10/31/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY 402-50-590-53100-00000 37.66$ 248720 10/31/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF POLICE 402-50-591-53100-00000 84.87$ 248720 10/31/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF POLICE 402-50-591-53100-00000 39.68$ 248720 10/31/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY 402-50-590-53100-00000 209.47$ 248720 10/31/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF POLICE 402-50-591-53100-00000 209.47$ 248719 10/31/2024 GABRIELA VELASQUEZ ARPA REIM-REGIST-SPRING CAMP-4/1-4/5/2024 275-60-734-53370-16077 90.00$ 248720 10/31/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY 402-50-590-53100-00000 110.25$ 248720 10/31/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY 402-50-590-53100-00000 39.67$ 248718 10/31/2024 GABRIEL CONTAINER CO. CARD BOARD BOXES FOR CHRISTMAS FOOD BASKET 100-60-640-53100-16106 1,009.80$ 248719 10/31/2024 GABRIELA VELASQUEZ ARPA REIM-REGIST-SPRING CAMP-12/21-12/29/2023 275-60-734-53370-16077 108.00$ 248716 10/31/2024 FM BODY & CLASSIC RESTORATION, INC REPAIRS OF CITY VEHICLES-10/18/2024 402-50-590-53371-00000 375.00$ 248717 10/31/2024 FRITZ PINEDA PERMIT REFUND-3436 COSBEY AVE-BLDG 1024-4564 100-40-000-43400-00000 36.00$

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AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 248764 10/31/2024 THE PUN GROUP LLP AUDIT OF THE CITY FOR YEAR ENDED 6/30/24 BILLING#3 246-20-210-51101-12420 1,915.00$ 248764 10/31/2024 THE PUN GROUP LLP AUDIT OF THE CITY FOR YEAR ENDED 6/30/24 BILLING#3 249-20-210-51101-12420 1,915.00$ 248764 10/31/2024 THE PUN GROUP LLP AUDIT OF THE CITY FOR YEAR ENDED 6/30/24 BILLING#3 251-20-210-51101-12420 404.00$ 248764 10/31/2024 THE PUN GROUP LLP AUDIT OF THE CITY FOR YEAR ENDED 6/30/24 BILLING#3 240-20-210-51101-12420 4,428.00$ 248764 10/31/2024 THE PUN GROUP LLP AUDIT OF THE CITY FOR YEAR ENDED 6/30/24 BILLING#3 244-20-210-51101-12420 4,428.00$ 248764 10/31/2024 THE PUN GROUP LLP AUDIT OF THE CITY FOR YEAR ENDED 6/30/24 BILLING#3 245-20-210-51101-12420 4,428.00$ 248762 10/31/2024 SUPERIOR PAVEMENT MARKINGS VARIOUS PAINTS THROUGHOUT THE CITY 6/30/2024 245-50-550-51101-00000 2,843.54$ 248763 10/31/2024 THE HAPPY KEY MATERIALS & SUPPLIES-PLASTIC COPIES & METAL COPIES 402-50-590-53100-00000 36.00$ 248764 10/31/2024 THE PUN GROUP LLP AUDIT OF THE CITY FOR YEAR ENDED 6/30/24 BILLING#3 100-20-210-51101-12420 2,482.00$ 248761 10/31/2024 SUNBELT RENTALS SOLAR LIGHT TOWER DIA DE LOS MUERTOS 10/10-15/2024 100-60-680-53391-00000 529.85$ 248761 10/31/2024 SUNBELT RENTALS MISCELLANEOUS RENTAL EQUIPMENT 240-50-551-53391-15705 382.67$ 248761 10/31/2024 SUNBELT RENTALS MATERIAL & SUPPLIES -PROPANE 240-50-550-53100-15705 102.66$ 248759 10/31/2024 SPARKLETTS WATER & COFFEE SUPPLIES FOR CITY YARD 100-60-620-53100-00000 132.41$ 248760 10/31/2024 STEPHAN HOLGUIN PER DIEM PATROL K-9 RE-CERTIFICATION COURSE 11/4-6 100-30-310-53200-00000 24.00$ 248761 10/31/2024 SUNBELT RENTALS MISCELLANEOUS RENTAL EQUIPMENT 240-50-551-53391-15705 2,747.54$ 248758 10/31/2024 SOUTHERN CALIFORNIA GAS CO GAS-72725-CNG STATION-14747 RAMONA 9/1-10/1/24 402-50-590-53110-16140 49.76$ 248759 10/31/2024 SPARKLETTS WATER & COFFEE SUPPLIES FOR CITY FACILITIES 100-60-620-53100-00000 610.53$ 248759 10/31/2024 SPARKLETTS WATER & COFFE SUPPLIES FOR CITY FACILITIES 252-60-620-53100-00000 610.53$ 248757 10/31/2024 SOUTHERN CALIFORNIA EDISON ELEC-CITY PARKS-4100 BALDWIN PARK 9/23-10/21/24 252-60-620-53401-00000 11,211.76$ 248757 10/31/2024 SOUTHERN CALIFORNIA EDISON ELEC-SPRINKLERS-12670 RAMONA 9/17-10/15/24 251-50-560-53401-00000 140.14$ 248757 10/31/2024 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-12990 ATHOL 9/23-10/21/24 251-50-530-53401-00000 172.09$ 248757 10/31/2024 SOUTHERN CALIFORNIA EDISON ELEC-SERENITY HOMES-13169 GARVEY 9/19-10/17/24 100-60-620-53401-55003 1,294.41$ 248757 10/31/2024 SOUTHERN CALIFORNIA EDISON ELEC-PARK MAINTENANCE-14403 PACIFIC 9/24-10/22/24 252-60-620-53401-00000 916.70$ 248757 10/31/2024 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-13543 1/2 LOS ANGELES 9/23-10/21/24 251-50-530-53401-00000 72.65$ 248757 10/31/2024 SOUTHERN CALIFORNIA EDISON ELEC-METROLINK-3877 DOWNING 9/26-10/24/24 245-50-530-53401-15535 174.07$ 248757 10/31/2024 SOUTHERN CALIFORNIA EDISON ELEC-ESPERANZA VILLA-14173 GARVEY 9/16-10/14/24 100-60-620-53401-55003 1,782.77$ 248757 10/31/2024 SOUTHERN CALIFORNIA EDISON ELEC-TRAF SIGNALS-13307 LOS ANGELES 9/23-10/21/24 251-50-530-53401-00000 18.43$ 248757 10/31/2024 SOUTHERN CALIFORNIA EDISON ELEC-TRAF SIGNALS-14403 PACIFIC 8/27-9/25/24 251-50-530-53401-00000 5,041.42$ 248757 10/31/2024 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-3035 1/2 BALDWIN PARK 9/13-10/13/24 251-50-530-53401-00000 12.50$ 248757 10/31/2024 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-13021 GARVEY 9/17-10/15/24 251-50-530-53401-00000 57.18$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR COMMUNITY CENTER 100-60-610-53100-00000 135.68$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 99.79$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR ARC 100-60-680-53100-00000 98.83$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES-NEW JOURNEY CELEBRATION 100-10-100-53100-00000 188.68$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR ARC 100-60-680-53100-00000 7.98$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR COMMUNITY CENTER 100-60-610-53100-00000 41.87$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 245.28$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR COMMUNITY CENTER 100-60-610-53100-00000 30.91$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR ARC 100-60-680-53100-00000 34.64$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 49.60$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 68.94$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 101.92$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR CITY COUNCIL 100-25-299-53100-11405 28.46$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 82.08$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR AQUATICS CENTER 501-60-000-22329-00000 53.33$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR NEW JOURNEY CELEBRATION 100-10-100-53100-00000 252.23$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR ARC 100-60-680-53100-00000 7.98$ 248755 10/31/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 501-60-000-22329-00000 50.00$ 248753 10/31/2024 ROGELITO SUBIDA ARPA BASIC REIM-GEDDES ELEM. 8/15-9/6/24 275-60-734-53370-16077 208.00$ 248753 10/31/2024 ROGELITO SUBIDA ARPA BASIC REIM-GEDDES ELEM. 9/9-10/4/24 275-60-734-53370-16077 260.00$ 248754 10/31/2024 ROSE HERNANDEZ ARPA REC REIM-YOUTH FOOTBALL REGISTRATION-FY24/25 275-60-734-53370-16070 400.00$ 248752 10/31/2024 ROADLINE PRODUCTS INC. MATERIALS & SUPPLIES FOR PAVEMENT MARKINGS 240-50-550-53100-15705 2,452.43$ 248752 10/31/2024 ROADLINE PRODUCTS INC. MATERIALS & SUPPLIES FOR PAVEMENT MARKINGS 240-50-550-53100-15705 429.20$ 248750 10/31/2024 RICOH USA INC LEASE PAYMENT 8 RICOH COPIERS 11/17/2024-2/16/2025 401-10-141-58140-11502 6,533.88$ 248751 10/31/2024 RINCON CONSULTANTS INC CIP 23-006 OLIVE & PHELAN TS 241-50-520-58100-55025 1,768.00$ 248748 10/31/2024 PUENTE HILLS FORD LLC MATERIALS & SUPPLIES 402-50-591-53100-00000 57.42$ 248749 10/31/2024 RAILPROS, INC. CONSTRUCTION MANAGEMENT AND INSPECTION 6/1-6/30/24 255-50-520-58100-15550 1,480.44$ 248749 10/31/2024 RAILPROS, INC. CONSTRUCTION MANAGEMENT & INSPECTION 9/1-9/30/2024 255-50-520-58100-15550 2,469.24$

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AmountPayment Number Payment Date Vendor Name Description (Item) Account Number DFT0010022 10/31/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 51.54$ DFT0010023 10/31/2024 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 1,065.64$ DFT0010019 10/31/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 414.80$ DFT0010020 10/31/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 52.58$ DFT0010021 10/31/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 18.81$ DFT0010008 10/31/2024 MASSMUTUAL EMPOWER 100-00-000-21213-00000 14,000.00$ DFT0010017 10/31/2024 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 1,961.37$ DFT0010018 10/31/2024 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 261.69$ DFT0009981 11/07/2024 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 23,195.83$ DFT0009982 11/07/2024 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 16,296.50$ DFT0009992 11/07/2024 PERS-RETIREMENT ROUNDING DIFFERENCE 100-25-299-53370-00000 (0.11)$ DFT0009978 11/07/2024 PERS-RETIREMENT PERS SWORN CITY PAID - PEPRA 100-00-000-21256-00000 22,263.22$ DFT0009979 11/07/2024 PERS-RETIREMENT PERS SWORN ER REG PAY 100-00-000-21256-00000 23,831.20$ DFT0009980 11/07/2024 PERS-RETIREMENT PT PERS MISC CITY PAID 100-00-000-21256-00000 502.39$ DFT0009954 11/07/2024 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 15,904.87$ DFT0009955 11/07/2024 PERS-RETIREMENT PERS SWORN 351 100-00-000-21206-00000 7,850.67$ DFT0009956 11/07/2024 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 10,253.68$ DFT0009951 11/07/2024 PERS-RETIREMENT PERS ADDITIONAL RETIREE SVC CR 100-00-000-21206-00000 289.47$ DFT0009952 11/07/2024 PERS-RETIREMENT PERS REDEPOSIT 100-00-000-21206-00000 21.78$ DFT0009953 11/07/2024 PERS-RETIREMENT PERS SWORN- 344 100-00-000-21206-00000 22,247.03$ DFT0009935 10/29/2024 PERS-RETIREMENT CALPERS CREDIT FOR J. AYALA 100-00-000-21256-00000 (190.72)$ DFT0009949 11/07/2024 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 179.49$ DFT0009950 11/07/2024 PERS-RETIREMENT PERS ADDITIONAL RETIREE SVC CR 100-00-000-21206-00000 279.60$ DFT0009873 10/29/2024 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 190.72$ DFT0009933 10/29/2024 PERS-RETIREMENT CALPERS CREDIT FOR J. AYALA 100-00-000-21206-00000 (120.00)$ DFT0009934 10/29/2024 PERS-RETIREMENT CALPERS CREDIT FOR J. AYALA 100-00-000-21207-00000 (8.00)$ DFT0009867 10/29/2024 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 96.00$ DFT0009868 10/29/2024 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 120.00$ DFT0009872 10/29/2024 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 143.04$ 248776 10/31/2024 YVONNE JUAREZ ARPA BASIC REIM-FOSTER ELEM. 9/9-9/27/2024 275-60-734-53370-16077 195.00$ DFT0009838 10/29/2024 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 0.52$ DFT0009866 10/29/2024 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 12.00$ 248775 10/31/2024 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS SEP.2024 240-50-530-51100-00000 2,290.56$ 248775 10/31/2024 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS 240-50-530-51100-00000 1,995.00$ 248775 10/31/2024 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS SEP.2024 240-50-530-51100-00000 11,995.00$ 248774 10/31/2024 YOANNA YAJAIRA VILLELA ARPA BASIC REIM-FOSTER ELEM. 9/9-10/4/24 275-60-734-53370-16077 260.00$ 248775 10/31/2024 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS SEP.2024 240-50-530-51100-00000 1,328.14$ 248775 10/31/2024 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS 240-50-530-51100-00000 618.54$ 248771 10/31/2024 WEST COAST ARBORISTS, INC CITY WIDE TREE MAINTENANCE CONTRACT 9/16-9/30/2024 251-50-561-51100-00000 837.00$ 248772 10/31/2024 WILLIAM RODRIGUEZ RENTAL DEPOSIT-JULIA MCNEILL SENIOR CTR 10/27/24 501-60-000-22333-00000 500.00$ 248773 10/31/2024 WINNER PARTY INC. MATERIAL & SUPPLY-NEW JOURNEY CELEBRATION 10/16/24 100-10-100-53100-00000 176.30$ 248769 10/31/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 8/22-9/21/24 252-60-620-53403-00000 83.12$ 248770 10/31/2024 VERIZON WIRELESS PHONE-870914792-00010-HOUSING 9/22-10/21/24 100-40-405-53403-00000 50.97$ 248770 10/31/2024 VERIZON WIRELESS PHONE-870914792-00010-HOUSING 9/22-10/21/24 220-40-420-53403-14700 50.99$ 248769 10/31/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 8/22-9/21/24 100-60-650-53403-00000 121.13$ 248769 10/31/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 8/22-9/21/24 100-60-660-53403-00000 41.56$ 248769 10/31/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 8/22-9/21/24 100-60-680-53403-00000 79.57$ 248769 10/31/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 8/22-9/21/24 100-60-620-53403-00000 83.12$ 248769 10/31/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 8/22-9/21/24 100-60-630-53403-00000 83.12$ 248769 10/31/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 8/22-9/21/24 100-60-640-53403-00000 121.13$ 248768 10/31/2024 VALLEY COUNTY WATER DIST WATER-MULTI-TRANSIT CENTER 8/28-9/26/24 254-60-620-53402-15882 457.39$ 248769 10/31/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 8/22-9/21/24 100-60-610-53403-00000 201.15$ 248767 10/31/2024 USA ALARM SYSTEMS, INC. FIRE ALARM SYSTEM MONITORING SERVICES 11/1-30/24 100-60-620-51101-00000 973.34$ 248767 10/31/2024 USA ALARM SYSTEMS, INC. FIRE ALARM SYSTEM MONITORING SERVICES 11/1-30/24 100-60-620-51101-15100 245.00$ 248767 10/31/2024 USA ALARM SYSTEMS, INC. FIRE ALARM SYSTEM MONITORING SERVICES 11/1-30/24 252-60-620-51101-00000 973.33$ 248765 10/31/2024 ULINE, INC. MATERIAL & SUPPLIES-OFFICE SUPPLIES 246-50-540-53100-15705 128.86$ 248765 10/31/2024 ULINE, INC. 3 TIER CUP DISPENSER 100-60-620-53100-00000 148.58$ 248766 10/31/2024 UNITED ROTARY BRUSH CORP BRUSH BROOM REPLACEMENTS FOR STREET SWEEPER 246-50-552-53100-15005 672.75$

Page 4 of 5 ends

AmountPayment Number Payment Date Vendor Name Description (Item) Account Number Grand Total: 579,007.50$
DFT0010030 10/31/2024 INTERNAL REVENUE SERVICE SOCIAL SECURITY PAYMENT 100-00-000-21200-00000 8,023.92$ DFT0010031 10/31/2024 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 23,244.39$ DFT0010032 10/31/2024 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 31,036.13$ DFT0010029 10/31/2024 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 75,118.81$

Page 5 of 5 ends

STAFF REPORT
ITEM NO. ____2____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
PREPARED BY: Anthony Ceballos, Accountant
DATE: November 20, 2024
SUBJECT: Treasurer’s Report City (CC) – October 2024

SUMMARY
Attached is the Treasurer’s Report for the month of October 2024. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code.

RECOMMENDATION
Staff recommends that Council receive and file the Treasurer’s Report for October 2024.

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

STAFF REPORT
ITEM NO. _____3_____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Shirley Quinones, Chief Deputy City Clerk
DATE: November 20, 2024
SUBJECT: Meeting Minutes of November 6, 2024

SUMMARY
The City Council held the following meetings on November 6, 2024; Special City Council Meeting, Regular City Council Meeting and Baldwin Park Charitable Relief Foundation Meeting.

RECOMMENDATION
It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting and Baldwin Park Charitable Relief Foundation Meeting held on November 6, 2024.

FISCAL IMPACT
There is no fiscal impact associated with this item.

ALTERNATIVES
None

LEGAL REVIEW
This report does not require legal review.

ATTACHMENTS

1. Meeting Minutes of November 6, 2024

CITY COUNCIL

SPECIAL MEETING
Minutes
November 06, 2024, 5:00 PM

Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Jean M. Ayala
Alejandra Avila
Daniel Damian
Monica Garcia
These minutes are presented in Agenda order.

CALL TO ORDER

The meeting was called to order at approximately 5:09 p.m. by Mayor Pro Tem Ayala.

ROLL CALL

Chief City Clerk Quinones performed roll call:

MEMBERS:

Council Member Alejandra Avila (present)
Council Member Daniel Damian (present)
Council Member Monica Garcia (absent)
Mayor Pro Tem Jean M. Ayala (present)
Mayor Emmanuel Estrada (arrived at 5:15 p.m.)

PUBLIC COMMUNICATIONS
The Mayor Pro Tem opened Public Communications at approximately 5:09 p.m., seeing no one wishing to speak public communications was closed.

OPEN SESSION/STUDY SESSION

RECESS CLOSED SESSION – The City Council recessed to closed session at approximately 5:10 p.m.

1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): One (1)

No Reportable Action.

2. Conference with Legal Counsel – Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956

A. Case: Matthew Rodriguez v. Baldwin Park et al

United States District Court, Central Districts of
California

No Reportable Action. All members were present,
Mayor Pro Tem Ayala recused herself.

Case No. 2:22-cv-01069-FLA-MAR

B. Case: DJCBP Corporation dba Tier One

Consulting and David Ju

No Reportable Action.

Case No. 2:23-cv-00384

C. Case: DJCBP Corporation dba Tier One v City of Baldwin Park et al Los Angeles County Superior Court Case No. 24STCP00313 Vote 4-0 to approve settlement, terms of mutual wavier of attorney fees in exchange for dismissal of the lawsuit.

D. Case: Antonia Macias v. City of Baldwin Park

Los Angeles County Superior Court

No Reportable Action.

Case No. 22PSCV01798

E. Case: April Camery v. City of Baldwin Park

Los Angeles County Superior Court

No Reportable Action.

Case No. 24PSCV01210

F. Case: Bacerra v. State of California et al.

Los Angeles County Superior Court

No Reportable Action.

Case No. 22STCV06605

3 .

Conference with Real Property Negotiators
Pursuant to California Government Code, Section 54956.8

A. Property: Susan Rubio Zocalo Park Retail Space
Agency negotiator: Enrique C. Zaldivar, CEO;
Ron Garcia, Director of

Community Development

Negotiating parties: Jerry Briseno, La Cocinta
Negotiating parties: Alfonso Romero, La Cosecha Mexican Bistro Under Negotiation: Price and Terms of Payment

No Reportable Action.

ADJOURNMENT

Mayor Estrada motioned to adjourn the meeting at approximately 7:17 p.m.

ATTEST:

________________________
Christopher Saenz, City Clerk
Emmanuel J Estrada, Mayor

APPROVED: November 20, 2024

11-06-2024 Regular and BPCRF Meeting Minutes

Page 1 of 5 ends

CITY COUNCIL

REGULAR MEETING
Minutes
November 06, 2024, 7:00 PM

Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Jean M. Ayala
Alejandra Avila
Daniel Damian
Monica Garcia
These minutes are presented in Agenda order.

CALL TO ORDER

The meeting was call to order at approximately 7:10 p.m. by Mayor Estrada.

INVOCATION

The invocation was led by Pastor Flores and Pastor Jackson.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by

ROLL CALL

City Clerk Saenz performed roll call:

MEMBERS:

Council Member Alejandra Avila (present)
Council Member Daniel Damian (present)
Council Member Monica Garcia (absent)
Mayor Pro Tem Jean M. Ayala (present)
Mayor Emmanuel Estrada (present)

REPORT FROM CLOSED SESSION

City Attorney Tabares announced that the City Council met in closed session and all the Councilmembers were present except for Councilmember Garcia. On items 1, 2b, d, e, f, and 3a there is no reportable action; Item 2c the City Council vote 4 -0 to approve settlement agreement for the terms of mutual wavier of attorney fees in exchange for dismissal of lawsuit; and o n Item 2a, Mayor Pro Tem Ayala recused herself and there is no reportable action.

ANNOUNCEMENTS – None

PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS

Mayor Estrada and the City Council presented Certificates of Achievement to Baldwin Park Boxing Club to the following: M embers: Bryan Arias, Chris Flores, Kimberly Olmos and Renal Tebo and Coaches: Luis Roasles, Alan Velasco, Henry Ramos and Jeff Elhami

Mayor Estrada and the City Council presented Mr. Armando and Mrs. Santos Funes a Plaque of Recognition for being crowned the 2024 Julia McNiell Senior Center King & Queen.

11-06-2024 Regular and BPCRF Meeting Minutes

Page 2 of 5 ends

PUBLIC COMMUNICATIONS

Mayor Estrada opened Public Communications at approximately 7:34 p.m., the following spoke:
1) Irma Morales 2) Andres Ramirez
3) Abel 3) Javier
Seeing no one else wishing to speak, public communications was closed.

CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion.

1. City of Baldwin Park’s Warrants and Demands
Motion to ratify the attached Warrants and Demands Register.

MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [4 – 0]. AYES: AVILA, DAMIAN, AYALA, ESTRADA

2. Meeting Minutes of October 16, 2024.

Motion to approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting and the Housing Authority Meeting and Baldwin Park Charitable Relief Foundation Meeting held on October 16, 2024.

MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [4 – 0]. AYES: AVILA, DAMIAN, AYALA, ESTRADA

3. Award of Contract to Starside Security & Investigations for the Police Department’s Jail Facility Staffing and Support Services.

Motion to:

1. Approve the Professional Services Agreement with Starside Security and Investigative Services for jail facility staffing and support services for a three -year term from December 1, 2024, through November 30, 2027; and

2. Authorize the City Manager to make non-substantive changes as approved by the City Attorney and execute the agreement.

MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [4 – 0]. AYES: AVILA, DAMIAN, AYALA, ESTRADA

4. Approval of Purchase of DUI Patrol Vehicle Using California Cannabis Tax Fund Grant Program Funds.

Motion to:

1. Approve the sole source purchase of a 2024 Dodge Durango from Carville Chrysler Dodge Jeep Ram for $45,500.

2. Authorize the use of remaining grant funds for taxes, registration fees, and any ancillary vehicle purchase expenses.

3. Authorize the Chief of Police to execute all necessary documents to complete the purchase and outfitting.

4. Authorize the Director of Finance to make necessary appropriation and budget adjustments.

MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [4 – 0]. AYES: AVILA, DAMIAN, AYALA, ESTRADA

11-06-2024 Regular and BPCRF Meeting Minutes

Page 3 of 5 ends

5. Approve and Adopt Resolution No. 2024 -047 Approving the Industrial Disability Retirement (IDR) for Jorge Huerta a Local Safety Member
Motion to adopt Resolution No. 2024-047 entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF BALDWIN PARK, APPROVING THE INDUSTRIAL DISABILITY RETIREMENT (IDR) FOR JORGE HUERTA A LOCAL SAFETY MEMBER”.

MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [4 – 0]. AYES: AVILA, DAMIAN, AYALA, ESTRADA

6. Approval and Adoption of Resolution No. 2024 -046 and Consideration of Amendment to Memorandum of Understanding (MOU) with Goodwill Southern California to Continue the NextGen Youth Workforce Program.

Motion to:

1. Approve Resolution No. 2024 -046 and the proposed Amendment to Memorandum of Understanding (MOU)with the GSC to extend the term through December 31, 2026; and

2. Authorize the Mayor to execute the Amendment; and

3. Authorize the CEO to make technical adjustments as may be necessary to carry out the direction of City Council.

4. Authorize the Director of Finance to carry over any remaining balance from the previous approved appropriations in the amount of $127,000 in 2022 and $120,000 in 2024from the ARPA fund to fund the NextGen youth workforce program in 2025 and 2026.

MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [4 – 0]. AYES: AVILA, DAMIAN, AYALA, ESTRADA

7. Authorize the Filing of a Notice of Completion for City Project, CIP 23 -004 High Efficiency Toilet and Shower Head Replacement Program
Motion to accept the professional services completed by EcoTech Services, Inc. of Azusa, CA, and authorize the recordation of a Notice of Completion for City Project No. CIP 23-004 High Efficiency Toilet & Shower Head Replacement Program.

MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [4 – 0]. AYES: AVILA, DAMIAN, AYALA, ESTRADA

8. Recommendation of Approval of Additional Funding from the Measure BP Stakeholders Oversight Committee (SOC) - Shop BP Local Digital Card Program for the 2024 Holiday Season.

Motion to:

1. Approve the recommendation from the SOC to provide funding from Measure BP Revenue for the Shop BP Local Digital Card Program for the amount $130,000; and

2. Authorize the Chief Executive Officer to execute a Second Amendment to the Professional Services Agreement with Hinderliter, De Llamas and Associates, Inc. (HdL) subject to any non-substantive changes made by CEO and City Attorney; and

3. Authorize the Finance Director to appropriate $130,000 from the Measure BP Fund Item #8 was pulled for further discussion.

MOTION: It was moved by Daniel Damian, seconded by Alejandra Avila to adopt Motion Passed [4 – 0]. AYES: AVILA, DAMIAN, AYALA, ESTRADA

11-06-2024 Regular and BPCRF Meeting Minutes

Page 4 of 5 ends

9. Recommendation for Approval of Funding from the Measure BP Stakeholders Oversight Committee (SOC) – Portable Bingo System
Motion to:

1. Approve the recommendation from the SOC for Council approval of Funding from Measure BP Revenue for a Portable Bingo System in the amount of $24,587; and

2. Authorize the Director of Recreation & Community Services to execute any necessary documents associated with the project; and

3. Authorize the Director of Finance to appropriate $24,587 from Measure BP Fund and make necessary adjustments to the budget.

4. Authorize the Chief Executive Officer to make technical corrections as necessary to carry out the intent of the City Council.

MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [4 – 0]. AYES: AVILA, DAMIAN, AYALA, ESTRADA

10. Authorization Professional Services Agreement for Design Services with David Volz Design Landscape Architects, Inc. for a Sports Complex Conceptual Plans and Approval of Funding from Measure BP for Design Services
Motion to:

1.Authorize a Professional Services Agreement for design services with David Volz Design Landscape Architects, Inc. for a Sports Complex Conceptual Plans; and

2.Authorize the Mayor to execute Agreement; and

3.Approve Additional Funding from Measure BP Revenue for Conceptual Plans in the amount of $6,000; and

4.Authorize the Director of Finance to appropriate Measure BP Funds to cover the cost, create account number and make necessary adjustments to the budget.

MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [4 – 0].

PUBLIC HEARING

REPORTS OF OFFICERS

11. Introduction of Ordinance No. 1511 of the City Council of the City of Baldwin Park, California, Amending the Municipal Code Regarding the Regulation of the Use of Wheeled Devices on Public and Private Property; Amendments, Chapter 130 of Title XIII, Adding Section 130.80 Titled "Wheeled Devices"
Motion to waive further reading, read by title, and introduce the following:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,

CALIFORNIA, AMENDING THE MUNICIPAL CODE REGARDING THE REGULATION OF THE USE OF WHEELED DEVICES ON PUBLIC AND PRIVATE PROPERTY; AMENDMENTS, CHAPTER 130 OF TITLE XIII, ADDING SECTION 130.80 TITLED "WHEELED DEVICES"

MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [4 – 0]. AYES: AVILA, DAMIAN, AYALA, ESTRADA

11-06-2024 Regular and BPCRF Meeting Minutes

Page 5 of 5 ends

CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY

DEVELOPMENT COMMISSION

BALDWIN PARK CHARITABLE RELIEF FOUNDATION CONSENT CALENDAR

1. Baldwin Park Charitable Relief Foundation Annual Financial Report for the Fiscal Year Ended June 30, 2024
Motion to receive and file BPCRF’s Annual Financial Report for the fiscal year ending June 30, 2024.

MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [4 – 0].

BALDWIN PARK CHARITABLE RELIEF FOUNDATION CONSENT CALENDAR

1. Baldwin Park Charitable Relief Foundation Annual Financial Report for the Fiscal Year Ended June 30, 2024
It is recommended that the Board Directors receive and file BPCRF’s Annual Financial Report for the fiscal year ending June 30, 2024.

MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [4 – 0].

CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION

ADJOURNMENT

Mayor Estrada motioned to adjourn the meeting at approximately 7:59 p.m.

ATTEST:

________________________
Christopher Saenz, City Clerk
Emmanuel J Estrada, Mayor

APPROVED: November 20, 2024

STAFF REPORT
ITEM NO. _____4_____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Karina Rueda, Human Resources Manager
DATE: November 20, 2024
SUBJECT: Claim Rejection

SUMMARY
This report seeks City Council consideration and direction to reject the Claim for Damages to person or property received for filing against the City of Baldwin Park.

RECOMMENDATION
Staff recommends that the City Council reject the following claim and direct staff to send the appropriate notice of rejection to claimant:
• Lizette Garcia The claimant alleges property damage. • Perla Ramirez The claimant alleges property damage. • Westleigh Santamaria The claimant alleges property damage. • Sharleen Esquivel The claimant alleges property damage and bodily injury. • Jorge Huerta The claimant alleges errors and omissions.

FISCAL IMPACT
Fiscal impact is unknown at this time.

BACKGROUND
In order for the statute of limitations to begin on the claim received, it is necessary for the City Council to reject the claim by order of motion and that the claimant is sent written notification of said action.

ALTERNATIVES
There are no other alternatives for the Council to consider since rejection of the claim is necessary for the Statute of Limitations to begin on the claim received.

LEGAL REVIEW
This report does not require legal review.

ATTACHMENTS

1. None

STAFF REPORT
ITEM NO. ____5____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation and Community Services
DATE: November 20, 2024
SUBJECT: Recommendation for Approval of Funding from the Measure BP Stakeholders Oversight Committee (SOC) – Morgan Park Plaza Improvements

SUMMARY
The purpose of this staff report is for the City Council to consider approval of funding from Measure BP recommended by the Stakeholder Oversight Committee (SOC) for Morgan Park Plaza Improvements.

RECOMMENDATION
It is recommended that the City Council:

1. Approve the recommendation from the SOC for Council approval of Funding from Measure BP Revenue for the Morgan Park Plaza Improvements in the amount of $1,000,000; and

2. Authorize the Director of Recreation & Community Services to solicit Professional Architectural Services and any necessary documents associated with the project and grant funds; and

3. Authorize the Chief Executive Officer to make technical corrections as necessary to carry out the intent of the City Council; and

4. Authorize the Director of Finance to appropriate $1,000,000 from Measure BP Fund and make necessary adjustments to the budget.

FISCAL IMPACT
There is no fiscal impact at this time to the General Fund. The anticipated cost estimate is approximately $2,892,387, listed below are the funding sources available. The Community Block Grant Funds are included in the CIP FY24-25 Budget with a CIP #25-005-56019. Additionally, this project qualifies as an eligible expenditure through funds from the Los Angeles County Regional Park and Open Space District.

Funding Source Account # Identified
Funding
Community Development Block Grant (CDBG) 220-60-620-58100-56019 $600,000 Los Angeles County Regional Park and Open
Space District (Measure A)
270-60-620-58100-56019 $1,292,387
Measure BP (funding recommendation
approved by SOC 4/9/2024)
110-60-620-58100-56019 $1,000,000
Anticipated Project Subtotal $2,892,387

BACKGROUND
In 2010, the City completed enhancements to Morgan Park, which included a redesigned plaza featuring a modern playground and splash pad. Although the basketball courts were originally constructed over 30 years ago, the City has invested in numerous updates since then, including the installation of rubberized playground flooring, various

Page 2 ends

splash pad repairs, and regular maintenance, such as resurfacing the basketball courts. Looking ahead, construction on the Morgan Park Restroom Improvements is scheduled to commence in January 2025, adding a complementary upgrade to the park’s amenities. N otably, on April 9, 2024, the Stakeholders Oversight Committee (SOC) unanimously approved a recommendation for City Council approval of a $1,000,000 funding request for the Morgan Park Improvements. The Community Block Grant Funds are included in the CIP F Y24- 25 Budget with a CIP #25 -005-56019. Additionally, this project qualifies as an eligible expenditure through funds from the Los Angeles County Regional Park and Open Space District.

DISCUSSION
According to the LA County Countywide Comprehensive Park Master Plan, Baldwin Park ranked as a park poor community with .3 park acres per 1,000 compared to the County average of 3.3 per 1,000. In addition, a mere 22% of the population has accessibility to walk to a park compared to the County average of 49% being within walking distance of a park. Furthermore, Baldwin Park is rated as a very high park need area according to the LA County’s Park Metric. The City currently has a total of 4 active parks and Morgan Park is the marquee park within its park system; thus, the usage is high when compared to the rest of the inventory. The current playground is outdated, and the splash pad is a recirculation system thus the features have exhausted its life expectancy.

The proposed conceptual plan proposes to expand the playground footprint to provide universal access and significantly increase shade throughout the plaza area. Upon completion of the project, the proposed improvements will increase accessibility for users of all abilities regardless of their mobility. These contemporary upgrades will provide dynamic components that will enhance the play experience.

ALTERNATIVES
None being recommended.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1.Morgan Park Plaza Improvements Conceptual & Cost Estimate

2. SOC Staff Report dated April 9, 2024 – Request Funding for Morgan Park Improvements



SYMBOL LEGEND

PROJECT BOUNDARIES

NEW OVERHEAD SHADE SAILS
NEW CONCRETE WALKS + PADS

NEW PLANTER AREA

NEW SPLASH PAD AREA

NEW PLAY AREA

NEW SYNTHETIC TURF ON LOUNGE TERRACE

AT SPLASH PAD

RELOCATED OLIVE TREE
1 EXPANDED PLAY AREA INCLUDING NEW PLAY EQUIPMENT WITH A PORTION OF PLAY STRUCTURE PLATFORMS ACCESSIBLE TO MOBILITY DEVICES. NEW RUBBERIZED SURFACING DESIGN AND NEW SHADE SAIL DESIGN. NEW BACKED BENCHES AROUND PERIMETER (12 QTY.)
EXISTING PLAY AREA: 4,500 SF
NEW PLAY AREA: 6,521 SF
2 NEW PLANTER AREAS AROUND PERIMETER OF PLAY AREA. EXISTING OLIVE TREES (5 QTY.) RELOCATED TO THESE PLANTER AREAS.
3 EXPANDED SPLASH PAD AREA. EXISTING WATER FEATURES TO BE REPLACED, AND NEW WATER FEATURES TO BE ADDED. NEW SHADE SAIL DESIGN.

EXISTING SPLASH PAD AREA: 1,777 SF
NEW SPLASH PAD AREA: 2,684 SF
4 NEW CONCRETE SEAT WALL AND PORTION OF FENCING TO REPLACE EXISTING LOW WALL AND FENCE. PORTION OF SEAT WALL TO BE A TWO-TIER TERRACE, WITH THE UPPER PLATFORM BEING A SYNTHETIC TURF LOUNGE AREA.

TERRACED LOUNGE AREA: 334 SF
5 RENOVATED BASKETBALL COURT AND HOOPS WITH DECORATIVE BACKBOARDS, POLES, AND COURT. COURT TO BE RESURFACED WITH A DUROCOAT SURFACING DESIGN. EXISTING FENCING AND ENTRYWAY TO BE REPAINTED. NEW SPORTS COURT LIGHTING POLES, EXISTING LIGHTING FIXTURES TO BE REUSED.

EXISTING BENCHES TO BE REPLACED WITH NEW (8 QTY.)
6 NEW CONCRETE PAD / WALKWAY.
7 PARK ENTRANCE MONUMENT TO BE REPAINTED. TILED PLANTER BOXES TO BE REFURBISHED USING MATERIALS FROM DEMOLISHED PLANTER BOXES. GREEN SCREENS TO BE REMOVED.
8 NEW CIRCULAR BACKED BENCHES AROUND CENTRAL TREE.
9 EXISTING CONCRETE DESIGN TO BE CLEANED, SANDBLASTED, AND RESEALED, TYPICAL.
10 EXISTING PARKING LOT, NOT A PART
11 EXISTING COMMUNITY + SENIOR CENTER, NOT A PART
12 EXISTING OUTDOOR AMPHITHEATER, NOT A PART
13 EXISTING OUTDOOR FITNESS CENTER, NOT A PART
14 EXISTING RESTROOMS, NOT A PART

KEY NOTES

DEMOLITION NOTES

THE FOLLOWING ITEMS WILL BE REMOVED FROM
THE PARK AND DEMOLISHED:

1. PLAY AREAS (2) EQUIPMENT, RUBBER

SURFACING, AND SHADE SAILS

2. SPLASH PAD EQUIPMENT

3. LOW WALL AND FENCING AROUND SPLASH PAD

4. TILED PLANTER BOXES AND GREEN SCREENS,

HAND PAINTED TILES TO BE SALVAGED AND
RETURNED TO CITY (13 QTY.)

5. BASKETBALL HOOPS (2 SINGLE, 1 DOUBLE)

6. BENCHES AT BASKETBALL COURTS (8 QTY.)

7. SPORTS LIGHT POLES AT BASKETBALL COURT

8. TREES (2 QTY.)

9. CONCRETE FLATWORK (3,500 SF)

10. TURF/PLANTER AREA (2,657 SF)
NORTH
SCALE 1" = 20'-0"
2221 East Winston Road, Suite A
Anaheim, California 92806
Phone 714-776-4340 Fax 714-776-4395
www.hailandarch.com LA#1710
Hirsch & Associates, Inc.

Landscape Architecture & Planning

MORGAN PARK IMPROVEMENTS

CITY OF BALDWIN PARK
MARCH 29, 2024
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1 2221 East Winston Road, Suite A
Anaheim, California 92806
Phone 714-776-4340 Fax 714-776-4395
www.hailandarch.com LA#1710
Hirsch & Associates, Inc.

Landscape Architecture & Planning
MORGAN PARK: VISION BOARD

CITY OF BALDWIN PARK
MARCH 29, 2024
Destination playground. Natural-materials theming with
rubber surfacing design. Portion of platform structures accessible to mobility devices. Structures and colors to be determined.

Artistic shade sail design arcs over the
playground and splash pad. Colors and styles
to be determined.

Concrete seat wall at splash pad area with 2-tier synthetic turf lounge terrace.

Renovated basketball court with Duracourt
Surfacing design. New basketball hoops. Color
and design to be determined.

New nature-themed splash pad equipment from
Vortex. Equipment to be determined.

New circular enches around central tree.

GENERAL & SITE DEMOLITION QTY UNIT COST TOTAL
1 Mobilization 1 LS 75,000.00$ $75,000.00
2 Remove Play Equipment, Footings, and Shade Sails 1 LS 20,000.00$ $20,000.00 3 Remove Rubberized Surfacing at Play Area 4,500 SF 3.00$ $13,500.00 4 Remove Splash Pad Equipment 1 LS 5,000.00$ $5,000.00 5 Remove Existing Low Wall and Fence at Splash Pad 1 LS 5,000.00$ $5,000.00 6 Remove Existing Tiled Planters and Green Screen, Salvage Handpainted Tiles 13 EA 500.00$ $6,500.00 7 Remove Existing Benches at Basketball Courts 8 EA 250.00$ $2,000.00 8 Remove Existing Tree 2 EA 1,500.00$ $3,000.00 9 SWPP & Erosion Control 1 LS 20,000.00$ $20,000.00 10 Remove Existing Paving/Sidewalk 3,500 SF 5.00$ $17,500.00 11 Clear and Grub 2,657 SF 0.70$ $1,859.90 12 Excavate, Grade, Backfill & Compact 5,000 SF 1.74$ $8,700.00 13 Tree Protection 1 LS 7,500.00$ $7,500.00
14 DEMOLITION SUBTOTAL $185,559.90

GENERAL SITE CONSTRUCTION
15 New Playground Equipment, (supply, shipping and installation) 1 LS 800,000.00$ $800,000.00 16 New 6" x 18" Concrete Play Curb 234 LF 75.00$ $17,550.00 17 New Rubber Surfacing at Play Area 6,521 SF 38.00$ $247,798.00 18 Relocate Existing Olive Trees at Play Area 5 EA 2,000.00$ $10,000.00 19 Relocate Existing Benches at Play Area 1 LS 3,000.00$ $3,000.00 20 New Shade Sails at Play Area and Splash Pad 1 LS 200,000.00$ $200,000.00 21 Splash Pad Equipment Upgrade + Additional New Equipment 1 LS 200,000.00$ $200,000.00 22 New Concrete Seat Wall, Synthetic Turf Terrace, and Fencing at Splash Pad 1 LS 150,000.00$ $150,000.00 23 Renovation of Existing Concrete Paving and Splash Pad Concrete 1 LS 80,000.00$ $80,000.00 24 Provide and Install 4" Thick Concrete 2,692 SF 16.00$ $43,072.00 25 Refinish Basketball Court with Duracourt Coating Design 8,612 SF 10.00$ $86,120.00 26 Repaint Fencing and Entryway at Basketball Court 1 LS 3,000.00$ $3,000.00 27 Refurbish Existing Tiled Planters at Entry Monument, Remove Greenscreens 1 LS 2,000.00$ $2,000.00 28 Repaint Park Entry Monument 1 LS 2,000.00$ $2,000.00 29 Relocate Light Pole 3 EA 2,000.00$ $6,000.00 30 Relocate Bike Rack 1 EA 500.00$ $500.00
31 Site Electrical 1 LS 75,000.00$ $75,000.00
32 GENERAL SITE CONSTRUCTION SUBTOTAL $1,926,040.00

SITE FURNISHINGS
33 Provide And Install Basketball Hoop and Backboard (2 single, 1 double) 3 EA 8,000.00$ $24,000.00 34 Provide And Install New Light Poles at Basketball Courts (use existing fixtures) 8 EA 2,000.00$ $16,000.00 35 Provide And Install New Backed Benches at Basketball Courts 8 EA 2,500.00$ $20,000.00 36 Provide And Install New Curved Backed Benches at Central Tree 9 EA 3,000.00$ $27,000.00 37 Provide and Install New Backed Benches at Play Area 12 EA 3,000.00$ $36,000.00 37 SITE FURNISHINGS SUBTOTAL $123,000.00

IRRIGATION
38 Modify Portion of Existing Irrigation System 1,000 SF 5.00$ $5,000.00 39 Provide and Install New Irrigation System 1,500 SF 5.00$ $7,500.00 40 Relocate Existing Backflow Preventor 1 LS 5,000.00$ $5,000.00 41 Relocate Existing Irrigation Control Valves 8 EA 1,000.00$ $8,000.00 42 IRRIGATION SUBTOTAL $25,500.00

LANDSCAPE
43 New Planter Areas 474 SF 5.00$ $2,370.00 44 Replace Turf Damaged During Construction 1 LS 15,000.00$ $15,000.00 45 LANDSCAPE SUBTOTAL $17,370.00
46 SUBTOTAL $2,277,469.90
47 Architecture and Engineering Design 10% $227,746.99
48 Construction Contingency 10% $227,746.99
49 Contractor General Conditions 7% $159,422.89
50 TOTAL $2,892,386.77
City of Baldwin Park, CA
CONCEPT 2
Estimate of Probable Costs-March 29, 2024
Morgan Park

STAFF REPORT
ITEM NO. 4

Page 1 ends

TO: Chair and Members of the Measure BP Stakeholders
Oversight Committee (SOC)
FROM: Enrique C. Zaldivar, City Manager
DATE: April 9, 2024
SUBJECT: Proposal- Request For Measure BP Funding- Improvements at Morgan Park

SUMMARY
Parks are one of the most important assets of our community. Parks are intended to be used by our residents for their recreation and enjoyment. Morgan Park is not only the City’s flagship park, it is also used by thousands of the city residents, precisely as intended. Morgan Park is in need of improvements to ensure that it can continue to provide the service that residents expect and deserve.

RECOMMENDATION
It is recommended that the SOC:

1. Discuss the scope of the proposed improvements at Morgan Park to further refine the extent of the funding request.

2. Upon finalization of the scope of the improvements, approve Measure BP Funds for the implementation of improvements at Morgan Park:

Investment Opportunity Category: Recreation and Parks
Subcategory: Parks
Requester: Recreation and Community Services Department (RCS) $1,000,000 Dollar Amount Requested: To Be Further Refined- First Estimate

3. Forward recommendation of approval to the City Council

FISCAL IMPACT
RCS proposes to leverage Measure BP funds with multiple other sources of funds to make the significant improvements needed at Morgan Park. The preliminary cost estimate for Measure BP Funds is $1 million . This estimate may vary depending on the refinement of the scope following discussion and deliberation by the SOC.

Proposed breakdown of the complete project funding:

Funding Source Identified Funding
Measure BP (REQUESTED) $1,000,000
Los Angeles County Regional Park and Open Space
District (Measure A) $1,292,387
Community Development Block Grant (CDBG) $600,000
Estimated Total $2,892,387

BACKGROUND

Page 2 ends

As the City endeavors to increase the availability of parks space for both passive recreation and active recreation like sports, it is crucial that we maintain and derive the highest potential of the parks already in existence. By industry standards, the City is park -poor at 0.3 park-acres per 1000 residents compared to the industry standard of 3.3 acres per 1000 residents. Investing in the renovation of existing parks is critical to ensure that the level and quality of service that residents experience at our existing parks is uncompromised.

DISCUSSION
Morgan Park is the City’s “Central Park”, with it being located in the downtown district of the City, and being home to so many and very active activity centers such as the Esther Snyder Community Center, the Julia McNeil Senior Center, the Teri Muse Famil y Service Center, the Cesar Chavez Amphitheater which hosts the Concerts at the Park series. Morgan Park is always vibrantly alive with residents participating in the many activities organized by RCS. Much of the infrastructure of the park is maintained by the City’s Department of Public Works.

Members of the SOC and members of the community have expressed the need for Morgan Park to have better lighting throughout the park and throughout the night. The proposed project will address this need.

While RCS has identified a conceptual scope of the range of improvements needed, it is best that the SOC take up the proposal for discussion first to help further refine the scope of the project with the full and transparent input from the members of the SOC, which may span for a few SOC meetings.

ALTERNATIVES
None recommended.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Staff report from RCS Department to the CEO

MEMORANDUM

TO: Enrique C. Zaldivar, P.E., Chief Executive Officer
FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: April 9, 2024
SUBJECT: Request For Measure BP Funding for Morgan Park Improvements

SUMMARY
During the initial Community Enga gement Meetings for American Recovery Project Act (ARPA) and the Education Campaign of Measure BP, the community had expressed a desire to improve all public facilities and add a sports park.

RECOMMENDATION
It is recommended that the SOC consider the approval of the Morgan Park Improvements.

Investment Opportunity Category: Recreation and Parks
Subcategory: Parks
Requester: Recreation & Community Services
Dollar Amount Requested: $1,000,000
Forward Recommendation to the City Council for Final Action

FISCAL IMPACT
Requested Funding will be a direct drawdown from the Measure BP Funds. As of February 2024, the Fund balance was $5,685,725 which is sufficient to grant this request. The anticipated cost estimate is approximately $2,892,387, listed below are the funding sources available.

Funding Source Identified Funding
Community Development Block Grant (CDBG) $600,000
Los Angeles County Regional Park and Open
Space District (Measure A)
$1,292,387
Measure BP (REQUEST) $1,000,000
Anticipated Project Subtotal $2,892,387

BACKGROUND
In 2010 the City completed the Morgan Park Im provements which included a revamped plaza with playground and splash pad elements. The basketball courts were constructed well over 30 years ago.

Since then, the city has conducted numerous repairs including rubberized playground flooring, many splash pad repairs and general maintenance floor resurfacing for the basketball courts . Additionally, the Morgan Park Restroom Improvements are currently in plan check and will compliment this request.

In addition, a mere 22% of the population has accessibility to walk to a park compared to the County average of 49% being within walking distance of a park. Furthermore, Baldwin Park is rated as a very

high park need area according to the LA County’s Park Metric. The city currently has a total of 4 active parks and Morgan Park is the marquee park within its park system; thus, the usage is high when compared to the rest of the inventory. The current playground is outdated, and the splash pad is a recirculation system thus the features have exhausted its life expectancy.

The proposed conceptual plan proposes to expand the playground footprint to provide universal access and significantly increase shade throughout the pl aza area. Upon completion of the project , the proposed improvements will increase accessibility for users of all abilities regardless of their mobility.

These contemporary upgrades will provide dynamic components that will enhance the play experience for all users.

ALTERNATIVES
None being recommended.

LEGAL REVIEW
The City Attorney has reviewed the agreement and approved it as to form.

ATTACHMENT

1. Morgan Park Improvements Conceptual & Cost Estimate



SYMBOL LEGEND

PROJECT BOUNDARIES

NEW OVERHEAD SHADE SAILS
NEW CONCRETE WALKS + PADS

NEW PLANTER AREA

NEW SPLASH PAD AREA

NEW PLAY AREA

NEW SYNTHETIC TURF ON LOUNGE TERRACE

AT SPLASH PAD

KEY NOTES

DEMOLITION NOTES

THE FOLLOWING ITEMS WILL BE REMOVED FROM
THE PARK AND DEMOLISHED:

1. PLAY AREAS (2) EQUIPMENT, RUBBER

SURFACING, AND SHADE SAILS

2. SPLASH PAD EQUIPMENT

3. LOW WALL AND FENCING AROUND SPLASH PAD

4. TILED PLANTER BOXES AND GREEN SCREENS,

HAND PAINTED TILES TO BE SALVAGED AND
RETURNED TO CITY (13 QTY.)

5. BASKETBALL HOOPS (2 SINGLE, 1 DOUBLE)

6. BENCHES AT BASKETBALL COURTS (8 QTY.)

7. SPORTS LIGHT POLES AT BASKETBALL COURT

8. TREES (2 QTY.)

9. CONCRETE FLATWORK (3,500 SF)

Landscape Architecture & Planning

MORGAN PARK IMPROVEMENTS

Landscape Architecture & Planning
MORGAN PARK: VISION BOARD

Artistic shade sail design arcs over the
playground and splash pad. Colors and styles
to be determined.

Concrete seat wall at splash pad area with 2-tier synthetic turf lounge terrace.

Renovated basketball court with Duracourt
Surfacing design. New basketball hoops. Color
and design to be determined.

New nature-themed splash pad equipment from
Vortex. Equipment to be determined.

New circular enches around central tree.

STAFF REPORT
ITEM NO. _____6_____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Director of Community Development
PREPARED BY: Nick Baldwin, City Planner
DATE: November 20, 2024
SUBJECT: Approving an Agreement with the County of Los Angeles Department of Public Health and Safety Inspection and
Enforcement Services of Cannabis Facilities.

SUMMARY
Consideration of an agreement with the County of Los Angeles Department of Public Health to continue performance of Public Health and Safety Inspection and Enforcement Services for cannabis facilities in Baldwin Park through June 30, 2027.

RECOMMENDATION
Staff recommends that the City Council:

1. Receive and file the staff report; and

3. Direct Staff to prepare an ordinance that incorporates the County Emblem Program into the Baldwin Park Municipal Code as a follow-up deliverable.

FISCAL IMPACT
There is no fiscal impact to the General Fund. The County will charge public health permit fees to and collect from both City applicants and City licensees. County permit fees shall be in amounts as approved by the County Board of Supervisors, to offset the reasonable cost of the County performing this regulatory function for the City.

BACKGROUND
In 2017, the California legislature passed the Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA). MAUCRSA consolidates the State legislature and regulation of commercial medicinal cannabis and adult-use cannabis activities. MAUCRSA provides State licensing and other requirements for commercial cannabis activities, but specifically reserves to cities and counties the authority to make additional local regulatory requirements for commercial cannabis activities. The County’s Ordinance No. 2017-0060 (Attachment 1) creates a regulatory and public permitting framework for health inspections of licensed cannabis facilities engaged in commercial cannabis activities for health and safety purposes. The Ordinance has two regulatory components as follows:

1. It amends Division 1 of Title 8 of the Los Angeles County Code to add Part 7 of Chapter 8.04, to create a public health permit requirement and fee system for commercial cannabis activities, such as cultivation, distribution, manufacture and retail sale. The Ordinance authorizes the County Health Officer to enter and inspect the premises of a cannabis facility for compliance with both State and local health and safety laws, regulations and requirements

Page 2 ends

as a condition of the permit. Non-compliance with the conditions of the public health permit could result in the suspension or revocation of the permit. The Ordinance also provides the new public health permit and reinspection fees.

2. The Ordinance also creates Chapter 11.37 in Title 11 of the Code, which imposes specific requirements for the operation and maintenance of commercial cannabis facilities. These requirements protect the health of customers and the public by enforcing re quirements that ensu re the cannabis facility is operated in a clean and sanitary manner, so that the cannabis and cannabis products that are consumed by the public are not adulterated or misbranded. To accomplish this, Chapter 11.37 requires those public health permit holder s to have an odor control plan, a cannabis and cannabis product recall protocol, a waste management plan, and an employee training program for cleanliness standards. These requirements are conditions of the permit and are intended to protect not only the health and safety of the cannabis consuming public, but also limit the potential negative impacts on those living and working in proximity to the various types of cannabis facilities.

Several cities in Los Angeles County permit commercial cannabis activities within their jurisdictions. State law requires these cities to maintain local regulatory control of commercial cannabis activities and does not permit these cities to use its exist ing contract with the County to require the County Health Officer to en force public health laws related to commercial cannabis activities. Several cities, however, approached the County to regulate health and safety requirements for commercial cannabis activity within city jurisdiction. In order to maintain regulatory uniformity, this ordinance can be adopted by each city that requests the County’s health officer to enforce public health laws related to commercial cannabis activity. This action, along with a contract between the city and Los Angeles County, will permit the County Health Officer to enforce public health permit requirements for commercial cannabis activities within the jurisdiction of those cities. The County’s costs for conducting the regulatory service will be offset by permit fees paid by those conducting commercial cannabis activities and range from approximately $1,000 to $4,000. Inspections shall consist of at least two unannounced site visits conducted per year by the County.

The compliance review officer shall issue and serve a written decision to th e permittee within 15 working days following the compliance review. In the event of suspension or revocation, the decision shall specify the permit violations that were found to exist and/or continue, the extent of the suspension of the permit, and the ac tions required for correction of the continuing violations. If the permittee’s public health permit has been revoked; the decisions shall state the reasons for revocation. If any immediate danger to the public health or safety is found or is reasonably suspected, unless the danger is immediately corrected, the Department may immediately suspend the permittee’s public health permit and order the cannabis facility immediately closed, pending the determination of compliance review.

The County Ordinance shall be effective within the territorial jurisdiction of each city that incorporates the entirety of this ordinance into its municipal code by adoption or resolution. County shall enforce the provisions of this ordinance only if a ci ty that has incorporated this ordinance into its municipal code, and enters into a service agreement with the County, as approved by the Board of Supervisors, for public health regulatory services for commercial cannabis activities to be performed by the County. Should the contract between the County and City expire or be terminated, neither the County nor the County Health Officer shall have an obligation to enforce the Ordinance or public health laws regarding commercial cannabis activities within the territorial limits of Baldwin Park.

Community Development and Police Department staff also conduct cannabis inspections at cannabis facilities. The Police Department conducts a security inspection to verify that all security requirements under Baldwin Park Municipal Code (“BPMC”) 127.11 or 128.125 are met at the time they receive a certificate of occupancy (“COO”). The Community Development Department reserves the right to do quarterly inspections of

Page 3 ends

permitted cannabis facilities. For those permitted facilities that have a COO, staff inspection would verify that they are operating within the parameters of their COO (i.e. a licensed cultivar is only doing cultivation and not manufacturing as well). If a permitted facility does not have a COO, then staff would verify that they are not operating. Lastly, other agencies such as the County Fire Department perform inspections at cannabis facilities as well.

In November 2021, the City entered into an agreement with Los Angeles County to perform the health and safety inspections and enforcement actions for licensed commercial cannabis facilities in the jurisdiction. The requirement to adopt the County Ordinance by reference has been satisfied under BPMC 94 .01 (A-C), which adopts the County Health Code and its subsequent amendments by reference.

The term of the original agreement was through June 30, 2023, and has expired. As a courtesy, the County has not suspended services to the City and County inspecti ons of the City’s licensed commercial cannabis facilities have continued uninterrupted. Failure to approve a new agreement with the County could result in a suspension of inspection services.

Proposal
The City proposes to enter into a new agreement with the Los Angeles County Department of Public Health to authorize inspection and enforcement services of commercial cannabis business within Baldwin Park. Per the agreement, the City is required to adopt an ordinance to implement the County’s Emblem program This action will be completed subsequent to the approval and execution of the subject agreement.

The term of the proposed agreement will commence upon execution and continue through June 30, 2027. The City and County may extend the agreement for five (5) one-year periods until June 30, 2032.

CEQA REVIEW

THE PROJECT HAS BEEN REVIEWED FOR COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), THE CEQA GUIDELINES, AND THE CITY’S

ENVIRONMENTAL PROCEDURES, AND IS FOUND TO BE EXEMPT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3), IN THAT THE PROPOSED ACTION CONSISTS OF AGREEMENT

TO AN ENFORCEMENT AND INSPECTION CONTRACT AND A CODE AMENDMENT, WHICH DO NOT HAVE THE POTENTIAL FOR CAUSING A SIGNIFICANT EFFECT ON THE ENVIRONMENT.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Agreement between the County of Los Angeles Department of Public Health and the City of Baldwin Park to provide Public Health and Safety Inspection and Enforcement Services of cannabis facilities.

AGREEMENT NUMBER: PH-005509

AGREEMENT

BY AND BETWEEN

COUNTY OF LOS ANGELES

DEPARTMENT OF PUBLIC HEALTH

AND

THE CITY OF BALDWIN PARK

FOR

PUBLIC HEALTH AND SAFETY INSPECTION AND

ENFORCEMENT SERVICES OF CANNABIS FACILITIES

City of Baldwin Park - PH-005509 1
PH-005509

PUBLIC HEALTH AND SAFETY INSPECTION AND

ENFORCEMENT SERVICES OF CANNABIS FACILITIES

THIS AGREEMENT (“Agreement”) is made and entered into on _____________ by and between the COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH, hereinafter referred to as “County,” and the City of Baldwin Park, a California municipal corporation, hereinafter referred to as “City.” WITNESSETH:

WHEREAS, the California Health and Safety Code provides that the governing bodies of counties and cities must take measures as may be necessary to preserve and protect the public’s health and safety, including the adoption of ordinances and establishment of fees to support the enforcement of such activities; and WHEREAS, on December 19, 2017, County's Board of Supervisors enacted an ordinance no. 2017-0060 § 3, 2017 (“County Ordinance”) to create a regulatory and public health permitting framework for health inspections of licensed cannabis facilities engaged in commercial cannabis activities for health and safety purposes; and WHEREAS, the County’s Board of Supervisors has delegated the authority and responsibility of inspecting and regulating licensed commercial cannabis businesses for public health purposes to both the County’s Director of Public Health, or authorized designee, (“Director”) and/or the County's Health Officer; and WHEREAS, on August 16, 2017, the City, adopted Chapter 127 of Title XI of the Baldwin Park Municipal Code (“Municipal Code”), as amended, and on April 5, 2023, the City adopted Chapter 128 of Title XI of the Municipal Code (together, the “City City of Baldwin Park - PH-005509 2
Ordinance”), to permit commercial cannabis activities to occur under certain regulatory conditions within specific zones of the City’s territorial limits; and WHEREAS, pursuant to California Business and Professions Code section 26200(d), the City has assumed responsibility for regulation of commercial cannabis activities within the City’s territorial limits that would otherwise be performed by the County or any County officer or employee, including the County Health Officer, without cost or expense to County; and
WHEREAS, the City has incorporated the County Ordinance into its Municipal Code to require those persons and businesses performing or seeking to perform licensed commercial cannabis activities within the territorial limits of the City to apply for and obtain an appropriate public health permit from the County, pay the required fees to the County, and be subject to the regulatory scheme of the County Ordinance; and WHEREAS, the City’s purpose in amending its Municipal Code, as described above, is to allow for health inspections of commercial cannabis businesses that are subject to the City Ordinance (which adopts the County Ordinance), and to further ensure that each licensed commercial cannabis business operating within the City’s territorial limits is in compliance with all applicable health and safety laws; and WHEREAS, the County and City entered into that certain prior Agreement for Public Health and Safety Inspection and Enforcement Services of Cannabis Facilities dated November 1, 2021, which expired as of June 30, 2023; and WHEREAS, the City wishes to resume contracting with the County for the performance of such public health regulation and/or other hereafter described public City of Baldwin Park - PH-005509 3
health and safety inspection services for licensed commercial cannabis businesses within the City’s territorial limits by the County through its Department of Public Health.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties agree to the following:

1. Exhibits A, B, B-1, and B-2, are attached to and form a part of this Agreement. In the event of any conflict or inconsistency in the definition or interpretation of any word, responsibility, or the contents or description of any task, deliverable, goods, service, or other work, or otherwise between the Agreement and the Exhibits, or between Exhibits, such conflict or inconsistency must be resolved by giving precedence first to the terms and conditions of the Agreement and then to the Exhibits listed below:

A. Exhibit A – Ordinance Number 2017-0060
B. Exhibit B – Scope of Work
C. Exhibit B-1 – Authorized Cannabis Emblem
D. Exhibit B-2 – Emblem Program For Authorized Cannabis Stores

2. This Agreement and the Exhibits hereto constitute the complete and exclusive statement of understanding between the parties, and supersedes all previous agreements, written and oral, and all communications between the parties relating to the subject matter of this Agreement. No change to this Agreement will be valid unless prepared pursuant to Paragraph 13, ALTERATION OF TERMS/AMENDMENTS.

3. Pursuant to California Business and Professions Code section 26200(d), by permitting commercial cannabis activity within the territorial limits of the City, the City has assumed responsibility for any regulatory function pertaining to licensed commercial City of Baldwin Park - PH-005509 4
cannabis activity, pursuant to Division 10 of the California Business and Professions Code.

4. Pursuant to California Health and Safety Code sections 101375,101400, and 101405, the County agrees to perform those public health regulatory and inspection functions for commercial cannabis businesses licensed by the City as permitted in the County Ordinance and in Chapters 8.04 and 11.37 of the County Code, which have been incorporated by the City into its Municipal Code, and as provided in the Scope of Work attached hereto as Exhibit B, including Exhibits B-1 and B-2. The City shall notify in writing any existing licensed commercial cannabis businesses of the new obligation to obtain a County Public Health permit within five (5) business days after the full execution of this agreement.

5. The City must designate a program manager, to provide the County with thirty (30) calendar days' advance notice of any new commercial cannabis facilities licensed by the City to conduct retail, distribution, manufacturing, and/or cultivation activities.

6. The County will review public health permit applications from those persons or entities who are also applying for City licenses to perform the following types of commercial cannabis activities: (1) Retail; (2) Distributor; (3) Manufacturing; and/or (4) Cultivation.

7. The County will charge and collect public health permit fees to both City applicants and licensees. The County permit fees will be in amounts, as approved by the County Board of Supervisors, to offset the reasonable cost of the County performing this regulatory function for the City. The City will have no claim or right to any fee, fine, City of Baldwin Park - PH-005509 5
or cost collected or charged by the County to a City applicant or licensee. The City will not be responsible to the County in the event that a City applicant or licensee fails to pay a permit fee to the County, and the County’s sole remedy shall be against the applicant or licensee.

8. The City must provide to the County an initial written inventory list of the City’s applicant and licensed commercial cannabis business locations receiving water from the City and information on any backflow prevention device currently installed at those locations, within thirty (30) calendar days of the execution of this Agreement.

9. TERM: The term of this Agreement will be effective upon execution and will continue in full force and effect through June 30, 2027, unless sooner terminated or extended, in whole or in part, as provided in this Agreement. The County and the City will separately have the option to amend the Agreement to extend the term for an additional five (5) one-year periods, until June 30, 2032, unless terminated as provided in Paragraph 12, TERMINATION FOR CONVENIENCE.

10. NOTICES: Notices hereunder must be in writing and may be delivered personally or sent by facsimile, electronic mail, or registered or certified mail with return receipt requested, postage prepaid, and attention to the parties at the addresses listed below. The Director is authorized to execute all notices or demands which are required or permitted by the County under this Agreement. The addresses and parties to be notified may be changed by providing at least ten (10) business days prior written notice to the other party. Notices are deemed to have been given on the date of mailing.

A. Notices to the County must be addressed as follows:

City of Baldwin Park - PH-005509 6
(1) Department of Public Health
Environmental Health – Administrative Headquarters
5050 Commerce Drive
Baldwin Park, California 91706
Attention: Director, Environmental Health
Fax: (818) 813-3000
E-mail: [email protected]

(2) Department of Public Health
Contracts and Grants Division
E-mail: [email protected]
Attention: Division Director

B. Notices to City must be addressed as follows:

(1) City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Attention: Enrique Zaldivar, Chief Executive Officer
Fax: 626-962-2625
Email: [email protected]

(2) City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Attention: Ron Garcia, Director of Community Development Email: [email protected]

11. GOVERNING LAW, JURISDICTION, AND VENUE: This Agreement will be governed by, and construed in accordance with, the laws of the State of California.

The parties agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agree and consent that venue of any action brought hereunder will be exclusively in the County of Los Angeles.

City of Baldwin Park - PH-005509 7

12. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by either party, with or without cause, in whole or in part, at the end of any fiscal year (June 30th). Termination of services hereunder will be completed by delivery of one party to the other of a notice of termination specifying the extent to which the performance of services under this Agreement is terminated and the date upon which such termination becomes effective, upon ninety (90) calendar days advance written notice.

13. ALTERATION OF TERMS/AMENDMENTS: The body of this Agreement, and any Exhibits attached hereto, fully expresses all understandings of the parties concerning all matters covered and will constitute the total Agreement. No addition to or alteration of the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, employees, or agents, will be valid and effective unless made in the form of a written amendment to this Agreement which is formally approved and executed by the authorized designees of the parties in the same manner as this Agreement. The parties separately acknowledge that they understand this Agreement and had the opportunity to consult with respective counsel of their choosing regarding this Agreement.

14. ASSIGNMENT AND DELEGATION: Neither party will assign its rights or delegate its duties under this Agreement, or both, whether in whole or in part, without the prior written consent of the other party, and any attempted assignment or delegation without such consent will be null and void. For purposes of this paragraph, consent to an assignment or delegation will require a written amendment to the Agreement, which is formally approved and executed by the parties.

City of Baldwin Park - PH-005509 8

15. INDEPENDENT CONTRACTOR STATUS: This Agreement is by and between the County and City and is not intended, and will not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and City. The employees and agents of one party will not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.

16. INDEMNIFICATION: Pursuant to California Government Code section 895.4, et seq., each party agrees to indemnify and hold the other harmless from all loss or liability for injury or damage, actual or alleged, to person or property arising out of or resulting from the indemnifying party's acts or omissions in the performance of this Agreement. In the event of third-party loss caused by the negligence, wrongful act or omission of more than one party, each party hereto shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed between them or judicially determined. The provisions of California Civil Code Section 2778 regarding interpretation of indemnity agreements are hereby incorporated into this Agreement.

17. NON-EXCLUSIVITY: Nothing herein is intended or will be construed as creating any exclusive arrangement between the County and the City. This Agreement will not restrict the County from providing public health permitting and regulation of commercial cannabis activities or facilities for other cities within Los Angeles County.

18. NO INTENT TO CREATE A THIRD-PARTY BENEFICIARY
AGREEMENT: Notwithstanding any other provision of this Agreement, the parties do not in any way intend that any person will acquire any rights as a third-party beneficiary under this Agreement.

City of Baldwin Park - PH-005509 9

19. VALIDITY: If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances will not be affected thereby.

20. WAIVER: No waiver by the County or the City of any breach of any provision of this Agreement will constitute a waiver of any other breach or of such provision. Failure of the County or the City to enforce at any time any provision of this Agreement will not be construed as a waiver thereof. The rights and remedies set forth in this paragraph will not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

21. CONFLICT OF LAWS: Where City and County laws conflict, commercial cannabis businesses must comply with all City laws, rules, and regulations unless the issue directly relates to matters of public health that are regulated by the County pursuant to this Agreement.
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City of Baldwin Park - PH-005509 10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the month, day, and year first hereinabove written.

COUNTY OF LOS ANGELES

By
Barbara Ferrer, Ph.D., M.P.H., M.Ed.

Director

City of Baldwin Park .

City

By
Signature

Emmanuel J. Estrada
Printed Name

Title Mayor

APPROVED AS TO FORM APPROVED AS TO FORM

BY THE OFFICE OF THE

COUNTY COUNSEL
DAWYN R. HARRISON By ________________________
County Counsel Norma Tabares, City Attorney

APPROVED AS TO CONTRACT
ADMINISTRATION:

Department of Public Health

By
Contracts and Grants Division Management

#07651:bf
Revised

EXHIBIT A

ANALYSIS
This ordinance amends Title 8 - Consumer Protection, Business Wage Regulations and Title 11 - Health and Safety of the Los Angeles County Code, to add a public health permit and regulatory framework to enforce consumer protections and health and safety requirements for commercial cannabis activities.

The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), was an initiative measure approved by voters as Proposition 64 on the November 8, 2016, Statewide general election. AUMA authorized a person who obtains a State license to engage in commercial cannabis activity pursuant to that license and applicable local ordinances. In 2017, the California Legislature passed The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). MAUCRSA consolidates the State licensure and regulation of commercial medicinal cannabis and adult-use cannabis activities.

MAUCRSA provides State licensing and other requirements for commercial cannabis activities, but specifically reserves to cities and counties the authority to make additional local regulatory requirements for commercial cannabis activities.

This ordinance has two regulatory components. It amends Title 8 to add Part 7 to Chapter 8.04, to create a public health permit requirement for commercial cannabis activities, such as cultivation, distribution, manufacture, and retail sale. The ordinance authorizes the County Health Officer to enter and Inspect the premises of a cannabis facility for compliance with both State and local health and safety requirements as a HOA.102045456.1
condition of the permit. Non-compliance with the conditions of the public health permit could result in the suspension or revocation of the permit. The ordinance also provides the new public health permit and reinspection fees.

The ordinance also creates Chapter 11.37 in Title 11 of the Code, which imposes specific requirements for the operation and maintenance of commercial cannabis facilities. These requirements protect the health of customers and the public by enforcing requirements that ensure the cannabis facility is operated in a clean and sanitary manner, so that the cannabis and cannabis products that are consumed by the public are not adulterated or misbranded. To accomplish this, Chapter 11.37 requires those public health permit holders to have an odor control plan, a cannabis and cannabis product recall protocol, a waste management plan, and an employee training program for cleanliness standards. These requirements are conditions of the permit and are intended to protect not only the health and safety of the cannabis consuming public, but also limit the potential negative impacts on those living and working in proximity to the various types of cannabis facilities.

Although the County's Board of Supervisors has not permitted commercial cannabis activities within the unincorporated areas of the County, several cities will permit these activities within their jurisdictions. State law requires these cities to maintain local regulatory control of commercial cannabis activities, and does not permit these cities to use its existing contract with the County to require the County Health Officer to enforce public health laws related to commercial cannabis activities. Several HOA.102045456.1
cities, however, have approached our County to regulate health and safety requirements for commercial cannabis activity within their city. In order to maintain regulatory uniformity, this ordinance can be adopted by each city that requests the County's health officer to enforce public health laws related to commercial cannabis activity. This action, along with a contract between the city and Los Angeles County, will permit the County Health Officer to enforce public health permit requirements for commercial cannabis activities within the jurisdiction of those cities. The County's costs for conducting this regulatory service will be offset by permit fees paid by those conducting commercial cannabis activities.

RER:bl
Requested:

Revlsed:

HOA.102045456.1
9/15/17
12/15/17
Very truly yours,
MARY C. WICKHAM
:""cyc ""'t1f; V
R BERT E. RAG~~
Principal Deputy County Counsel
Health Services Division
ORDINANCE NO. 2017-0060
An ordinance amending Title 8 - Consumer Protection, Business and Wage Regulations and Title 11 - Health and Safety of the Los Angeles County Code, relating to the public health regulation of commercial cannabis activities and cannabis facilities that require a public health permit or a plan check in order to legally operate.

The Board of Supervisors of the County of Los Angeles ordains as follows:

SECTION 1. Part 7 of Chapter 8.04 is hereby added to Division 1 of Title 8 of the Los Angeles County Code to read as follows:

Part 7 Commercial Cannabis Activities

8.04.1300 Purpose of Cannabis Public Health Permit
A. The purpose of Part 7 of Chapter 8.04 is to establish a public health permit and fee system for commercial cannabis activities that are subject to State and local laws and regulations relating to public health, and ensure that County expenses resulting from the County's inspection and enforcement of public health requirements of commercial cannabis activities are offset by the fees collected.

B. The authority for this Part 7 is contained in Division 10 of the California Business and Professions Code, which expressly permits local regulation of commercial cannabis activities.

C. Definitions contained within Section 8.04.1305 pertain to Chapter 11.37 of Title 11 of this Code.

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8.04.1305 Definitions
A. "Applicant" means the individual or business entity that is applying for a public health permit to operate a cannabis facility and whose name the permit will be issued. The applicant must be the owner of the cannabis facility and will be considered the permittee upon issuance of a permit.

B. "Cannabis facility" means a permanent structure in a fixed location where a cannabis retailer, distributor, manufacturer, cultivator, or microbusiness operates or conducts business.

C. "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.

D. "Cannabis product recall" means an action or order made by the State and/or the county health officer to cease the sale, distribution, or manufacturing of cannabis or cannabis product when it has been determined by the County Health Officer that there is a reasonable likelihood that the cannabis or cannabis product is adulterated or misbranded, and that the use of, or exposure to, the cannabis or cannabis product may cause adverse health consequences to humans and/or animals.

E. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, handling, processing, storing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products.

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F. "County Health Officer'' means the Director of Public Health of the County of Los Angeles, or the duly appointed County Health Officer or his or her duly authorized representative.

G. "Department" means the Los Angeles County Department of Public Health, Environmental Health Division.

H. "Distributor" means a person or entity licensed and permitted to engage in the business of the distribution of cannabis and cannabis products between licensed cannabis facilities.

I. "EHS" means an Environmental Health Specialist.

J. "Employee" means each and every person engaged in the operation or conduct of any commercial cannabis activity business, whether as owner, member of the owner's family, partner, associate, agent, manager or operator, and each and every other person employed or working in such business for a wage, salary, commission, barter, or any other form of compensation, or for no compensation.

K. "Manufacturer" means a person or entity licensed and permitted to conduct the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly, or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or re-labels its container.

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L. "Microbusiness" means a person or entity, licensed by the State of California, and licensed, permitted or authorized by applicable local laws to cultivate cannabis on an area less than 10,000 square feet and to act as a licensed and/or permitted cannabis distributor, Level 1 manufacturer, as defined by Business and Professions Code Section 26130(a)(1 ), and/or retailer.

M. "Notice of closure" means a public notice that may be posted by the County Health Officer at a cannabis facility upon suspension or revocation of the facility's public health permit and results in the immediate closure of the cannabis facility and the discontinuance of all operations of the cannabis facility, by order of the County Health Officer, because of violations of applicable State, and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

N. "Operator" means anyone who, as an employee, manager, owner, or otherwise, is engaged in the cultivation, distribution, dispensing, manufacturing, sale or handling of cannabis or cannabis products at a permitted cannabis facility.

0. "Owner" means any of the following:

1. All persons identified as an "owner'' on any permit, license, or other authorization issued by a State agency or local government which authorizes the persons to establish and operate the cannabis facility.

2. Any person identified or required to be identified as an "owner" on an application filed with any State agency and any local government, wherein the application requests the privilege to operate the cannabis facility.

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3. If no person under subsection 1 or 2, above, exists:
a. A person with an aggregate ownership interest of 20 percent or more in the corporate entity, partnership, or other business entity applying for a permit or a permittee, unless the interest is solely a security, lien, or encumbrance. b. The Chief Executive Officer of a nonprofit or other entity. c. A member of the Board of Directors of a nonprofit.
d. An individual who will be participating in the direction, control, or management of the person applying for a permit, including, but not limited to, a member of the board of directors of a nonprofit.

P. "Public health permit" means a written authorization to operate a cannabis facility, including but not limited to a cannabis cultivator, cannabis manufacturer, cannabis distributor, cannabis microbusiness, or cannabis retail facility, issued by the County Health Officer, without which permit said operation would be unlawful.

Q. "State agency or State" means the State licensing entities responsible for creating regulation for commercial cannabis activity in California, including but not limited to, the:

1. California Bureau of Cannabis Control.

2. California Department of Public Health.

3. California Department of Food and Agriculture.

R. "Testing laboratory" means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is ISO/IEC 17025 HOA.102045456 5
accredited, or pending ISO/IEC 17025 accreditation, and licensed by the California Bureau of Cannabis Control.

8.04.1310 Cannabis Public Health Permit Requirements
A. Prior to the establishment or operation of any cannabis facility, or when an established and operating cannabis facility possesses a provisional license from a local licensing agency while applying for a permanent license, the owner shall obtain a public health permit and other applicable permits and licenses from all State and local licensing agencies.

B. Every owner desiring a public health permit to conduct commercial cannabis activities from a cannabis facility shall file an application with the Department upon a form provided by the Department, and at such time pay the required fee and penalty, if any.

C. Upon receipt of an application for a public health permit for a cannabis facility with all pertinent data and the submission of the full public health permit fee, the Department shall review the application.

D. All permits for a cannabis facility shall be valid for 12 months from the date of issuance and may be renewed annually. The public health permit is valid only for the person or entity, location, and type of sales or activity approved.

E. Public health permits shall not be transferable upon change of ownership of the cannabis facility.

F. Each commercial cannabis activity within a cannabis facility including, but not limited to, retail, distribution, manufacturing and cultivation shall be deemed a HOA.102045456 6
separate enterprise for purposes of this Part and shall require a separate public health permit.

G. All public health permits and licenses shall be posted in a conspicuous place at the cannabis facility.

8.04.1315 Cannabis Public Health Permit Renewals
A. An application for renewal of any cannabis facility public health permit shall be submitted by the owner to the Department at least 60 calendar days prior to the expiration date of the current permit, but no more than 120 calendar days prior to the expiration of the current permit.

1. A cannabis facility owner shall complete and submit all required documents for a public health permit renewal to the Department.

2. A permitted cannabis facility owner that does not obtain a renewed permit by end of the business day of the expiration date shall discontinue operation of the facility until a new public health permit is issued.

3. Any permit that has not been renewed by the annual renewal date will not be valid and shall be deemed inactive.

8.04.1317 Denial of Cannabis Public Health Permit Applications The Department may reject an application or renewal application upon making any of the following findings:

A. The applicant made one or more false or misleading statements or omissions on the public health permit application or during the application process.

HOA.102045456 7
B. The applicant's business entity, if applicable, is not properly organized in compliance with applicable State and local laws and regulations.

C. The applicant fails to meet the requirements of this Part or of Chapter 11.37 of the County Code.

D. The applicant, or any of its officers, directors, owners, managers, or employees is under twenty-one (21) years of age.

E. The applicant, or any of its officers, directors, owners, or managers, is a licensed physician making patient recommendations for medicinal cannabis.

F. The applicant did not pay the County the required application and processing fees.

G. The County Health Officer has determined good cause exists to reject the application.

08.04.1325 Plan Check Requirements
A. A person proposing to construct, remodel, or change the public health permit classification of any cannabis facility shall submit a plan check fee which is in addition to any other public health permit fees that may be required for the operation of the cannabis facility.

B. Each person proposing to construct or remodel a microbusiness, or distribution, manufacturing, or retail cannabis facility shall submit to the Department for review three complete, easily readable plans, drawn to scale and with specifications, and shall receive plan approval from the Department before starting any new construction or remodeling of any cannabis facility.

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C. Plan corrections and additional specifications may be required, if the Department determines that such changes are necessary to assure compliance with the requirements of this subdivision B, including, but not limited to, change in the cannabis facility's method of operation.

D. The plans shall be approved or rejected by the Department within 20 working days after receipt of plans and fees. The applicant shall be notified of the decision.

E. Cannabis cultivation facilities, including microbusinesses proposing to cultivate cannabis, shall submit three complete, easily readable sets of plans drawn to scale and with specifications to the Department for review and approval for cross connections compliance as required by the California Code of Regulations Title 17, applicable County Code provisions, and any other applicable requirements promulgated by the Department of Agriculture. A cannabis cultivation facility shall pay the applicable fee for the backflow prevention assembly, as required by Chapter 11.37 .030 of this Code.

8.04.1330 Penalty for No Cannabis Public Health Permit
A person engaging in commercial cannabis activity without a public health permit as required by this Part shall be subject to civil penalties for each violation. Each day of operation shall constitute a separate violation of this Part. A violation of this Section shall incur such civil penalties as provided in Sections 8.04.934, 8.04.936, 8.04.938, and 8.04.942. The County may assess costs and fees as permitted by Section 8.04.705. If required by State law or regulation, or court order to destroy the HOA.102045456 9
cannabis associated with the violation, a violator shall be responsible for the cost of the destruction of cannabis or cannabis products associated with the violation.

8.04.1335 Re-inspection of Cannabis Facilities
A. Conditions requiring additional re-inspections due to a cannabis facility's noncompliance with applicable State and local laws and regulations, will incur additional re-inspection fees in effect at the time of reinspection. A re-inspection fee shall be due and payable whenever:

1. The County Health Officer has given written notice of a Public Health Code violation or violations to the owner, operator, or person in charge of a cannabis facility, and the notice contains a re-inspection date by which the violation or violations must be corrected.

2. The violation or violations have not been corrected by the re- inspection date on the notice of violation or official inspection document.

3. An additional re-inspection by the Department is necessary to determine whether the violation or violations have been corrected.

8.04.1340 Notice To Be Given.

All official inspection reports issued to a cannabis facility contain a notice similar to that contained in Section 8.04.650. Any additional re-inspection fees to be charged to a cannabis facility shall be similarly noticed as provided in Section 8.04.650.B.

8.04.1350 Collection of Reinspection Fee.

The reinspection fee, plus any interest at the rate set forth in Section 8.04.840 and any penalty thereon shall be collected by the County Health Officer. The County HOA.102045456 1 0
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Health Officer may add any unpaid balance to the amount due for any subsequent public health permit renewal or permit application by the owner of such cannabis facility or refer any delinquent fees to the Treasurer and Tax Collector for collection. The total amount due shall be the cannabis facility permit fee for such business.

SECTION 2. Division 1, Part 2, Chapter 8.04 of Title 8 of the Los Angeles County Code is hereby amended to read as follows:

8.04.720 Fee Schedule.

Business Classification Permit Fee
Animal food market $175.00
...

Cannabis facility, Cultivation:

Type A- Small (1 - 9,999 square feet) 1,623.00
Type A- Medium (10,000 - 21.999 square feet) 1,991.00
Type A- Large (over 22,000 square feet) 2,360.00
Type M- Small (1 - 9,999 square feet) 1,623.00
Type M- Medium (10,000 -21.999 square feet) 1,991.00
Type M- Large (22,000+ square feet) 2,360.00
Type A & M- Small (1 - 9.999 square feet) 1,623.00
Type A & M- Medium (10,000 - 21,999 square feet) 1,991.00 HOA.102045456 11
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' Ty12e A & M- Large (22,000+ sguare feet) 2,360.00
Cannabis facility, Cultivation Microbusiness:

Ty12e A - Small (1 - 2,999 sguare feet) 1,180.00
Ty12e A, Medium (3,000 - 6,999 sguare feet) 1,549.00
Ty12e A- Large (7,000-10,000 sguare feet) 1,918.00
Ty12e M- Small (1 - 2,999 sguare feet) 1,180.00
Ty12e M - Medium (3,000 - 6,999 sguare feet) 1,549.00
Ty12e M- Large (7,000-10,000 sguare feet) 1,918.00
Tyge A & M- Small (1 - 2,999 sguare feet) 1,180.00
' Ty12e A & M- Medium (3,000 - 6,999 sguare feet) 1,549.00 Ty12e A & M- Large (7,000-10,000 sguare feet) 1,918.00
Cannabis facility, Distribution:
•
Ty12e A- Small (1 - 4,999 sguare feet) 3,098.00
Ty12e A- Medium (5,000 - 9,999 sguare feet) 3,430.00
Ty12e A- Large (10,000+ sguare feet) 3,762.00
Ty12e M- Small (1 - 4,999 sguare feet) 3,098.00
Ty12e M- Medium (5,000 - 9,999 sguare feet) 3,430.00
Ty12e M- Large (10,000+ sguare feet) 3,762.00
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•
13,098.00 Tyge A & M - Small (1 - 4,999 sguare feet)
f
Tyge A & M- Medium (5,000 - 9,999 sguare feet) 3,430.00 C
Tyge A & M- Large (10,000+ sguare feet) 3,762.00
.

Cannabis facility, Distribution Microbusiness:
• Tyge A - Small (1 - 4,999 sguare feet) 3,098.00
Tyge A- Medium (5,000 - 9,999 sguare feet) 3,430.00
Tyge A- Large (10,000+ sguare feet) 3,762.00
Tyge M - Small (1 - 4,999 sguare feet) 3,098.00
Tyge M- Medium (5,000 - 9,999 sguare feet) 3,430.00
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Tyge M- Large (10,000+ sguare feet) 3,762.00
: Tyge A & M- Small (1 - 4,999 sguare feet) 3,098.00
•
Tyge A & M- Medium (5,000 - 9,999 sguare feet) 3,430.00 : Tyge A & M- Large (10,000+ sguare feet) 3,762.00
: Cannabis facility, Manufacturing:
i
Tyge A Level 1- Small (1 - 999 sguare feet) 3,098.00
•
Tyge A Level 1- Medium (1,000 - 4,999 sguare feet) 3,430.00 •
Tyge A Level 1- Large (5,000+ sguare feet) 3,762.00
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Tyge A Level 2- Small (1 - 999 sguare feet) 3,098.00
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Ty12e A Level 2- Medium (1,000 - 4999 sguare feet) 3,430.00 Ty12e A Level 2- Large (5,000+ sguare feet) 3,762.00
.

Ty12e M Level 1- Small (1 - 999 sguare feet) 3,098.00
•
Ty12e M Level 1- Medium (1,000 - 4,999 sguare feet) 3,430.00 •
Ty12e M Level 1- Large (5,000+ sguare feet) 3,762.00
.
. Ty12e M Level 2 - Small (1 - 999 sguare feet) 3,098.00 .

Ty12e M Level 2- Medium (1,000 - 4,999 sguare feet) 3,430.00 .

Ty12e M Level 2- Large (5,000+ sguare feet) 3,762.00
.

Ty12e A & M Level 1- Small (1 - 999 sguare feet) 3,098.00 Ty12e A & M Level 1- Medium (1,000 - 4999 sguare feet) 3,430.00 •
.

Ty12e A & M Level 1- Large (5,000+ sguare feet) 3,762.00 Ty12e A & M Level 2 - Small (1 - 999 sguare feet) 3,098.00 .

Ty12e A & M Level 2 - Medium (1,000 - 4,999 sguare feet) 3,430.00 .

Ty12e A & M Level 2 - Large (5,000+ sguare feet) 3,762.00 •cannabis facility, Manufacturing Microbusiness:
•
Ty12e A Level 1 - Small (1 - 999 sguare feet) 3,098.00
•
Ty12e A Level 1 - Medium 000 - 4,999 sguare feet) 3,430.00 : Ty12e A Level 1 - Large (5,000+ sguare feet) 3,762.00 HOA.102045456 14
Ty12e M Level 1 - Small {1 - 999 sguare feet) 3,098.00
Ty12e M Level 1 - Medium {1,000 - 4,999 sguare feet) 3,430.00 ' Ty12e M Level 1 - Large {5,000+ sguare feet) 3,762.00 Ty12e A & M Level 1 - Small {1 - 999 sguare feet) 3,098.00 Ty12e A & M Level 1 - Medium {1,000 - 4,999 sguare feet) 3,430.00 Ty12e A & M Level 1 - Large {5,000+ sguare feet) 3,762.00 Cannabis facility, Retail:

Ty12e A - Small {1 - 999 sguare feet) 1,942.00
Ty12e A - Medium {1,000 - 4999 sguare feet) 2,164.00
Ty12e A - Large {5,000+ sguare feet) 2,385.00
Ty12e M - Small { 1 - 999 sguare feet) 1,942.00
Ty12e M - Medium (1,000 - 4999 sguare feet) 2,164.00
'
Ty12e M - Large {5,000+ sguare feet) 2,385.00
Ty12e A & M - Small {1 - 999 sguare feet) 1,942.00
Ty12e A & M - Medium {1,000 - 4,999 sguare feet) 2,164.00 Ty12e A & M - Large {5,000+ sguare feet) 2,385.00
' Cannabis facility, Retail Microbusiness:
' Ty12e A - Small { 1 - 999 sguare feet) 1,942.00
Ty12e A - Medium (1,000 - 4999 sguare feet) 2,164.00
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Type A - Large (5,000+ sguare feet) 12,385.00
Type M - Small ( 1 - 999 sguare feet) 1,942.00
Type M - Medium (1,000 - 4999 sguare feet) 2,164.00
Type M - Large (5,000+ sguare feet) 2,385.00
Type A & M - Small (1 - 999 sguare feet) 1,942.00
Type A & M - Medium (1,000 - 4,999 sguare feet) 2,164.00 Type A & M - Large (5,000+ sguare feet) 2,385.00
Caterer:
. ..

8.04.725 Schedule of Plan Check Fees.

The Schedule of Plan Check fees to be paid at the time plans are submitted to the County Health Officer shall be as follows:

Business Classification Plan Check Fees
Body art facility:
...
• Cannabis facility:
.
.

Cultivation - Small (1 - 9,999 sguare feet) 1,721.00
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Cultivation - Medium (10,000 - 21,999 sguare feet) 1,942.00 Cultivation - Large (22,000+ sguare feet) 2,164.00
!
Distribution - Small ( 1 - 4,999 sguare feet) 2,139.00
Distribution - Medium (5,000 - 9,999 sguare feet) 2,508.00 Distribution - Large (10,000+ sguare feet) 2,729.00
Manufacturing - Small ( 1 - 999 sguare feet) 2,139.00
Manufacturing - Medium (1,000 - 4999 sguare feet) 2,581.00 Manufacturing - Large (5,000+ sguare feet) 2,803.00
Retail - Small ( 1 - 999 sguare feet) 1,573.00
Retail - Medium (1,000 - 4,999 sguare feet) 1,795.00
' Retail - Large (5,000+ sguare feet) 2,114.00
!
Cross-connection 1,557.00
...

HOA.102045456 17
SECTION 3. Chapter 11.37 is hereby added to read as follows:

Chapter 11.37 Cannabis Facilities
Part 1 General Provisions

11.37 .01 0 Purpose
A. The purpose of this Chapter is to create public health regulatory requirements to ensure that commercial cannabis activities are conducted in a manner that protects the health and safety of the consumer and the public.

B. The authority for this Chapter 11.37 is contained in Division 1 O of the California Business and Professions Code, which expressly permits local regulation of commercial cannabis activities.

C. The definitions contained within this Section, also pertain to Part 7 of Chapter 8.04 of Title 8 of this Code.

11.37 .020 Definitions
A. "Adulterated Product" means the cannabis or cannabis product that is manufactured, prepared, packed, held, or sold under insanitary conditions whereby it may have become contaminated with filth or rendered injurious to health.

B. "Batch" means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:

1. "Harvest batch" means a specifically identified quantity of dried flower or trim, leaves, and other cannabis plant matter that is uniform in strain, harvested at the same time, and, if applicable, cultivated using the same pesticides and other agricultural chemicals.

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2. "Manufactured cannabis batch" means either of the following:
a. An amount of cannabis concentrates or extract produced in one production cycle using identical input materials, extraction methods, and standard operating procedures, and intended to have uniform character and quality; or b. An amount of a type of manufactured cannabis produced in one production cycle using identical formulation and standard operating procedures that is intended to have uniform character and quality.

C. "Batch number" means any distinct group of numbers, letters, or symbols, or any combination thereof, assigned, as required by State law, to a specific Harvest Batch or Manufactured Cannabis Batch, and from which the complete history of the manufacturing, packaging, labeling, and/or holding of a lot of cannabis product can be determined.

D. "Best management practice" means methods or techniques found to be the most effective and practical means in achieving an objective.

E. "Cannabidiol" or "CBD" means one of the chemical compounds that are the active principles of cannabis.

F. "Cannabis" means all parts of the plant Cannabis saliva Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude 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. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by section 11018 HOA.102045456 19
of the Health and Safety Code. "Cannabis" does not include the mature stalks of the plant, fiber produced 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. "Cannabis" does not mean "industrial hemp" as defined by section 81000 of the Food and Agricultural Code or section 1018.5 of the Health and Safety Code.

G. "Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate. A cannabis concentrate is not considered food, as defined by section 109935 of the Health and Safety Code, or a drug, as defined by section 109925 of the Health and Safety Code.

H. "Cannabis labeling" means any label or other written, printed, or graphic matter upon a cannabis product, or upon its container or wrapper, or that accompanies any cannabis product.

I. "Cannabis waste" means waste that is not hazardous waste, as defined in Public Resources Code section 40191, that contains cannabis and that has been made unusable and unrecognizable in a manner required by State and local laws and regulations.

J. "Component" means any substance or item intended for use in the manufacture of a cannabis product, including those substances or items that are not HOA.102045456 20
intended to appear in the final form of the product. Component can include cannabis and cannabis products used as ingredients, other ingredients, and processing aids.

K. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

L. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned, leased, or controlled by the retailer.

M. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between permittees.

N. "Dried flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.

0. "Edible cannabis product" means cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by section 109935 of the Health and Safety Code, or a drug, as defined by section 109925 of the Health and Safety Code.

P. "Extraction" means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.

Q. "Finished product" means a manufactured cannabis product in its final form to be sold to a customer at a retail store.

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R. "Holding" means storage of cannabis or cannabis products and includes activities performed incidental to storage of a cannabis product and activities performed as a practical necessity for the distribution of that cannabis product.

S. "Infusion" means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation to produce a cannabis product.

T. "Limited-access area" means an area in which cannabis and cannabis products are stored or held and are only accessible to the owner, operator and cannabis facility authorized personnel.

U. "Local licensing agency" means a local public entity that licenses or permits any commercial cannabis activity, as defined in this Part.

V. "Lot" means a batch or a specifically identified portion of a batch.

W. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

X. "Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

Y. "Manufacturing" or "manufacturing operation" means all aspects of the extraction and/or infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products. Manufacturing also includes any processing, preparing, holding, or storing of components and ingredients used in cannabis products.

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Z. "Manufacturing site" means the premises that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned, leased, or controlled and operated by a permittee for these activities.

AA. "Undesirable Microorganisms" means those yeasts, molds, bacteria, viruses, protozoa, and/or microscopic parasites that are pathogens, that subject manufactured cannabis to decomposition, that indicate that manufactured cannabis is contaminated with filth, or that otherwise may cause manufactured cannabis to be adulterated.

BB. "Misbranding" means misbranded cannabis or cannabis products as defined in the California Business and Professions Code, section 26121.

CC. "Package" means any container or receptacle used for holding cannabis or cannabis products.

DD. "Permittee" means a person who has obtained a public health permit from the Department to operate a cannabis facility.

EE. "Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

FF. "Person in charge" means the individual present at a commercial cannabis facility who is responsible for the operation of the commercial cannabis facility.

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GG. "Pest" means undesired insect, rodent, nematode, fungus, bird, vertebrate, invertebrate, weed, virus, bacteria, or other microorganism that is injurious to human health or environment.

HH. "Pesticide" means, but is not limited to:

1. Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, or any other form of plant or animal life or virus, fungus, bacteria or other microorganism which is normally considered to be a pest, except viruses on or in a living person or other living animal.

2. Any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant.

3. Any spray adjuvant.

Pesticides include substances commonly referred to as herbicides, fungicides, insecticides, and cloning agents.

II. "Premises" means the designated structure or structures and land specified in the application for a cannabis public health permit that is owned, leased, or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by a permittee.

JJ. "Retail area" means a building, room, or other area upon the permitted premises in which cannabis and cannabis products are sold or displayed.

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KK. "Sell," "sale," and "to sell" means any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a permittee to the permittee from whom the cannabis or cannabis product was purchased.

LL. "Time/temperature control for cannabis or cannabis product safety or TCS" means a cannabis or cannabis product that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation.

MM. "THC" means the compound tetrahydrocannabinol. "THC" refers specifically to delta 9-tetrahydrocannabinol.

NN. "Topical product" means a product intended for external use such as with cannabis-enriched lotions, balms and salves. A topical cannabis product is not considered a drug as defined by section 109925 of the Health and Safety Code.

00. "Track and trace system" means the universal identification certificate program for commercial cannabis activity. It is the seed-to-sale tracking system that tracks cannabis and cannabis product throughout the distribution chain, from either the sprouted seed or rooted cutting (or clone) until the cannabis or cannabis product is sold or delivered to a retail customer or is destroyed. It includes the program administered by the California Department of Food and Agriculture, pursuant to section 26069 of the Business and Professions Code, as well as any track and trace system administered by a local jurisdiction.

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PP. "Unique identifier (UID)" means an alphanumeric code or designation used for reference to a specific plant on permitted premises and any cannabis or cannabis product derived or manufactured from that plant.

Part 2 Operational Requirements of Cannabis Facilities

11.37.030 Cannabis Facilities Backflow Prevention Devices Cannabis facilities that have approved backflow prevention devices as required by Title 17 of the California Code of Regulations shall be tested at least once each calendar year by a person having received a certificate of competence from the Department. Records of backflow prevention device test(s) shall be submitted to the Department within 30 days using the form provided by the Department.

11.37 .040 Commercial Cannabis Manufacturing Facilities A. Cannabis or cannabis product manufacturing facilities shall meet all health protection operating criteria for the manufacturing of cannabis and cannabis products as required by State law and regulations promulgated by the California Department of Public Health.

B. Manufacturing cannabis facilities shall operate in a permanently constructed structure and shall not operate from a vehicle or non-permanent structure.

C. Edible cannabis products shall be:

1. Manufactured and sold under sanitation standards established by the State Department of Public Health that are similar for preparation, storage, handling, and sale of food products.

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2. Marked with a universal symbol on its packaging, as required by State law, regulations adopted by the State Department of Public Health or local laws.

D. Cannabis, including concentrated cannabis, included in a cannabis product manufactured in compliance with law is not considered an adulterant under State law.

E. Prior to delivery or sale at a retailer, cannabis and cannabis products shall be labeled and placed in a resealable, tamper-evident, child-resistant package and shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products.

F. All cannabis products shall be labeled with all health and dosage information or warnings as required by State laws and regulations, and local laws.

G. All TCS products, extractions, concentrates, and infusions intended for human consumption must be refrigerated at temperatures of 41 °For below unless otherwise approved by the Department. Approvals are based on a review of written procedures that are followed to make the product; the use of control measures; and any other scientific evidence submitted by the manufacturer from a certified laboratory or process authority that demonstrates the shelf stability of the product in question.

11.37 .050 Commercial Cannabis Distribution Facilities
A. A cannabis distribution facility shall meet all health protection operating criteria for the distribution of cannabis and cannabis products as required by State law and regulations promulgated by the California Bureau of Cannabis Control.

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B. A distributor shall ensure that each cannabis batch is stored separately and distinctly from every other cannabis batch on the distributor's premises.

C. A distributor shall ensure a label with the following information is physically attached to each container of each batch: The manufacturer or cultivator's name and permit number; the date of entry into the distributor's storage area; the unique identifiers and batch number associated with the batch; a description of the cannabis products with enough detail to easily identify the batch; and the weight of or quantity of units in the batch.

D. A distributor shall store cannabis and cannabis products in a building designed to permit control of temperature and humidity and shall prevent the entry of environmental contaminants such as smoke and dust. The area in which cannabis and cannabis products are stored shall be vermin proof and shall not be exposed to direct sunlight. A distributor may not store cannabis or cannabis products outdoors.

E. A distributor may provide cannabis or cannabis product storage-only services to a cultivator, manufacturer, or other distributor, which are unrelated to the quality assurance and laboratory testing processes required of the distributor.

F. A distributor shall maintain a written contract with other permitted cannabis facilities storing cannabis or cannabis products on the distributor's premises. A distributor shall maintain a separate cannabis and cannabis products storage inventory for each cannabis facility and all of distributor's storage inventories and written contracts shall be provided to the Department upon request. All inventory documents shall contain the identity and State license number of all contracting parties.

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G. A distributor shall ensure compliance with cannabis and cannabis product packaging and labeling requirements of State law and regulations, and local laws.

H. After taking physical possession of a cannabis batch, the distributor shall meet all testing requirements and procedures as required by State law and regulations, and local laws. Upon the request of the Department, the distributor shall immediately make available the results of all tests performed on each cannabis batch by a certified testing laboratory.

I. A distributor shall not transport or arrange for the transportation of, or in any way transfer, a batch that failed a laboratory testing to a cultivator, manufacturer, or other permittee unless specifically authorized to do so by the Department.

J. All TCS products, extractions, concentrates, and infusions intended for human consumption must be refrigerated at temperatures of 41 °F unless otherwise approved by the Department. The operator of a cannabis distribution facility shall follow the manufacturer's requirement for safe storage of such products.

11.37.060 Retail Cannabis Facilities
A. Retail cannabis facilities, which also specifically include licensed microbusinesses that offer cannabis or cannabis products for retail sale, shall meet all health protection operating criteria for the sale of cannabis and cannabis products as required by State law and regulations, and local laws.

8. Retail cannabis facilities shall operate in a permanently constructed structure and shall not operate from a vehicle or non-permanent structure. Retail HOA.102045456 29
cannabis facilities may conduct cannabis and cannabis product delivery services, if authorized to do so by the local licensing agency.

C. Permitted retail cannabis facilities shall only sell cannabis and cannabis products approved and permitted by the State.

D. Permitted retail cannabis facilities shall not sell or provide alcohol or tobacco to any customer or the public.

E. Permitted retail cannabis facilities are prohibited from giving away any amount of cannabis or cannabis products as part of a business promotion.

F. Permitted retail cannabis or microbusiness facilities shall not allow the on- site consumption of cannabis and cannabis products by any customer, person, or employee, except as authorized by local law.

G. All TCS products, extractions, concentrates, and infusions, and cannabis products intended for human consumption must be refrigerated at temperatures of 41 °F unless otherwise approved by the Department. Retail cannabis operator shall follow the manufacturer's requirement for safe storage of such products.

Part 3 General Requirements of Cannabis Facilities

11.37.070 Odor Management Plan
A. Any person proposing to apply for a public health permit for a cannabis facility, or applying as a new owner of an existing cannabis facility shall submit an Odor Management Plan along with the submission of a public health permit application and plans to the Department. The Odor Management Plan shall, comply with the requirements of the local licensing agency, if any, and describe sufficient processes HOA.102045456.1 30
which, if implemented, will prevent odors from the cannabis facility from being detected by a person outside of the facility or indoor cultivation site.

B. The Odor Management Plan shall include a detailed description of the ventilation system used by the cannabis facility, including but not limited to, how the ventilation systems prevent odor from escaping the facility or indoor cultivation site and how to mitigate the noxious fumes or gases.

C. The cannabis facility operator shall be responsible for the development, implementation, and maintenance of the Odor Management Plan. Odor mitigation practices shall be based on industry-specific best control technologies and best management practices. The plan shall include the range of odor mitigation practices to be deployed to control odor-emitting activities, sources, and locations, how and when these practices will be deployed, and accounting for any identified odor-emitting activity.

D. The permittee, operator, or person in charge of a cannabis facility shall maintain, and provide to the Department upon request, all records relating to odor management, including but not limited to, system installation, maintenance, any equipment malfunctions and deviations from Odor Management Plan.

E. The permittee, operator, or person in charge of a cannabis facility shall maintain records of odor complaints received and response actions thereto.

F. If an inspection or complaint investigation by the Department reveals any deviation from the Odor Management Plan, such deviation shall be a violation of this Chapter.

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G. If an inspection reveals that the existing Odor Management Plan does not effectively mitigate odors emanating from the cannabis facility or cannabis facility's cultivation site, the Department shall provide the operator or person in charge with a notice of deficiencies. The operator or person in charge of the cannabis facility shall be required to submit a modified Odor Management Plan within a reasonable amount of time, as determined by the Department. Failure to submit a modified Odor Management Plan within the required time period shall be a violation of this Chapter.

Failure of an operator to submit and implement a modified Odor Management Plan may result in the suspension of the cannabis facility's public health permit.

H. When a modification is made to a cannabis facility, or the facility operation, that has the potential to impact the nature or degree of odor, or affects the control of odor, the cannabis facility operator must update its Odor Management Plan within 30 days of facility modification. Failure to submit an updated Odor Management Plan within 30 days of facility modification shall be a violation of this Chapter.

11.37.080 Waste Management Plan
A. Any person proposing to apply for a public health permit for a cannabis facility, or apply as a new owner of an existing cannabis facility shall submit a Waste Management Plan along with the submission of a public health permit application or plans to the Department.

B. A Waste Management Plan shall address the storing, handling, disposing,. and reusing of all waste by-products and shall characterize the volume and types of HOA.102045456 32
waste generated for all commercial cannabis activities in compliance with the best management practices and State law and regulations.

C. A cannabis facility shall not sell or otherwise transfer title of cannabis waste, except as permitted by State law and regulation.

D. All cannabis and cannabis products that a cannabis facility intends to render into cannabis waste, whether voluntarily or directed by the Department shall be held on the premises in quarantine for a minimum of 72 hours. The cannabis facility operator shall affix to each batch the required document(s) with batch information and weight. At no time during the quarantine period may the cannabis or cannabis products be handled, moved, or rendered into cannabis waste. The quarantined cannabis and cannabis products are subject to inspection by the Department.

E. All garbage and refuse on the cannabis facility premises shall be stored in nonabsorbent, water-tight, vector resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight fitting lids. No refuse container shall be filled beyond the capacity that prevents complete closure of the lid. All garbage and refuse on the premises, whether mixed with rubbish or other material or not, shall not be accumulated or stored for more than seven calendar days, and shall be properly disposed of before the end of the seventh day. All waste, including but not limited to refuse, garbage, green waste and recyclables, must be disposed of in accordance with State law and regulation, and local law. All waste generated from commercial cannabis operations must be properly stored and secured, whether in the control of the cannabis facility operator or not, in order to prevent access to the public.

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F. The cannabis facility shall render cannabis and cannabis product into cannabis waste before removing the cannabis waste from the premises. The rendering process shall be recorded on video. The resulting cannabis waste shall be placed in the cannabis facility's refuse bin or transferred to a waste disposal facility approved by the State, All cannabis waste shall be rendered unusable and unrecognizable by mixing, grinding, and incorporating the cannabis waste with a non-consumable material or by incorporating any nonhazardous compostable material so that the resulting mixture is at least 50 percent non-cannabis waste by volume. The cannabis waste shall be tracked by one batch at a time and the cannabis facility shall not comingle different batches into cannabis waste.

G. After a cannabis facility operator renders the cannabis and cannabis product into cannabis waste, the cannabis facility operator shall do one of the following with the cannabis waste:

1. Dispose of the cannabis waste at a manned and fully permitted solid waste landfill.

2. Deposit the cannabis waste at a manned and fully permitted compostable materials handling facility or operation.

3. Deposit the cannabis waste at a manned and fully permitted in- vessel digestion facility or operation.

H. The cannabis facility operator shall use the track-and-trace database and onsite documents to ensure the cannabis waste materials are identified, weighed, and tracked while on the cannabis facility premises and when disposed of or deposited. The HOA.102045456 34
cannabis facility operator shall enter the date and time that the cannabis product was rendered into cannabis waste and the weight of the resulting cannabis waste into the track-and-trace database.

I. All cannabis facility operators shall maintain accurate and comprehensive records regarding cannabis waste material that account for, reconcile, and evidence all activity related to the generation and disposal or deposition of cannabis waste. The cannabis facility operator shall obtain a record from the solid waste facility or operation evidencing the acceptance of the cannabis waste material at the facility or operation.

The record must contain the name and address of the operation or facility, the date, the volume or weight of the cannabis waste accepted, and the name and signature of the person in charge of the facility or operator who accepts the cannabis waste. Once the cannabis waste is accepted by the solid waste facility, the cannabis facility operator shall input the date and time of the disposal or deposition of the cannabis waste at a solid waste facility into the track-and-trace database. These documents are records subject to inspection by the Department.

J. All commercial cannabis operations that utilize and generate hazardous materials or hazardous waste shall comply with all applicable hazardous material regulations, including but not limited to, hazardous waste generator, underground storage tank, above ground storage tanks, and hazardous materials handling requirements and maintain any applicable permits for these programs from the Fire Prevention Division, Certified Unified Program Agency (CUPA) of Los Angeles County and Emergency Services Department or Agricultural Commissioner.

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11.37 .090 Record Keeping
A. A cannabis facility shall ensure compliance with the requirements for record keeping as required by the State and local enforcement agencies.

B. A cannabis facility operator shall make such records available upon request by the Department.

11.37.100 Track and Trace System
A. A permitted cannabis facility shall utilize the track and trace system as required by State law and regulations and local laws.

B. A permitted cannabis facility shall make track and trace system records available to the Department upon request.

11.37 .11 0 Employee Health
A. The Department shall have authority to exclude any cannabis facility employee that handles edible cannabis and cannabis products from any cannabis facility conducting operations, including but not limited to cultivation, extraction, preparation, manufacturing, distribution, and testing, if the employee is diagnosed with an infectious agent specified in Subdivision B.1-8, and the employee is either symptomatic and still considered infectious, or is not experiencing symptoms of the illness associated with that agent but is still considered infectious.

B. For purposes of this Section, "illness" means a condition caused by any of the following infectious agents:

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1. 2.

Hepatitis A virus.

Salmonella typhi.
36 3. Salmonella spp.

4. Shigella spp.

5. Entamoeba histolytica.

6. Enterohemorrhagic or shiga toxin producing Escherichia coli.

7. Norovirus.

8. Other communicable diseases that may be transmitted to others through the handling of edible cannabis and cannabis products.

C. The person in charge shall do either of the following:

1. Exclude an employee that handles edible cannabis and cannabis products from a cannabis facility if the employee is diagnosed with an infectious agent specified in this Chapter.

2. Restrict an employee from working with exposed edible cannabis and cannabis products, or cleaning equipment, utensils, and linens in an edible cannabis manufacturing and distributing facility if the employee is suffering from symptoms of an acute gastrointestinal illness.

D. The person in charge may remove a restriction for an employee upon the resolution of symptoms as reported by an employee that handles edible cannabis and cannabis products if the employee states that he or she no longer has any symptoms of an acute gastrointestinal illness.

E. Only the Department shall remove exclusions or restrictions, or both, related to diagnosed illnesses due to infectious agents specified in this Chapter after the HOA.102045456 37
Department provides a written clearance stating that the excluded or restricted employee is no longer considered infectious.

11.37.120 Training Program
A. The cannabis facility operator shall implement a training program to ensure that all employees, including the person in charge, present at the premises are provided information, training, and shall have adequate knowledge of cannabis safety procedures and protocols, which, at minimum, shall include, but not be limited to the following:

1. All cannabis facility employees within 30 calendar days of the start of employment shall be trained in all health and safety hazards, hazards presented by all solvents or chemicals used at the premises as described in the material safety data sheet for each solvent or chemical. All employees shall review all emergency procedures, security procedures, record keeping requirements, and training requirements.

2. Prior to independently engaging in any commercial cannabis activity, the cannabis facility employee shall be trained on the overview of the cannabis facility operation and all standard operating procedures, all quality control procedures, and all hazard analysis and control procedures as appropriate. The employee shall be trained on the proper and safe usage of equipment or machinery as applicable and safe work practices applicable to an employee's job tasks. This shall include appropriate usage of any necessary safety or sanitary equipment, cleaning and maintenance HOA.102045456 38
requirements, and emergency operations, including shutdown procedures, or any additional information reasonably related to an employee's job duties.

3. All cannabis facilities that produce or manufacture edible cannabis products shall ensure that all employees who prepare, handle, or package edible cannabis products successfully complete a food handler course accredited by the American National Standards Institute (ANSI) within 90 days of commencing employment at the premises and again every three years thereafter. Applicable employees shall complete the ANSI-accredited food handler course no later than 90 calendar days after the effective date of the public health permit. The cannabis facility operator shall obtain documentation evidencing the fulfillment of this requirement.

4. The cannabis facility operator shall ensure that all personnel receive annual refresher training to cover, at minimum, the topics listed in this section.

This annual refresher training must be completed within 12 months of the previous training completion date.

B. The cannabis facility operator shall maintain a record which contains at minimum, but not limited to:

1. An annual confirmation by the cannabis facility operator that the employee has received and understood all information and training provided in the training program.

2. A list of all employees at the premises, including at minimum, name and job duties of each.

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3. Documentation of training topics and dates of training completion for all employees.

4. Training topics and dates of refresher training completion for all employees.

5. The signature of the employee and the cannabis facility operator verifying receipt and understanding of each training or refresher training completed by the employee.

6. Any official documentation attesting to the successful completion of required training by the employee.

C. The cannabis facility operator may assign the responsibility for ensuring compliance by an employee with the requirements of this Chapter to the person in charge. The assigned person in charge must have the education, training, experience, or a combination thereof necessary to ensure the production of clean and safe cannabis and cannabis products by all employees. The designated person in charge shall sign and date a document on an annual basis attesting that the supervisor has received and understood all information and training provided in the training program. This documentation shall be maintained as part of the record requirements.

Part 4 Inspection of Cannabis Facilities

11.37 .130 Inspection
A. The Department shall have the right to enter a cannabis facility to conduct an inspection during the facility's hours of operation to inspect the premises of the HOA.102045456 40
facility and enforce compliance with this Chapter, and applicable State and local public health laws and regulations.

B. Inspections shall consist of at least two unannounced site visits conducted per year by the Department to determine compliance with this Chapter; applicable State public health laws and regulations; and with the requirements of the public health permit issued and any additional investigations conducted in response to complaints received by the Department or other licensing entities, alleging that a cannabis facility is not operating in compliance with the requirements of its public health permit, and to determine compliance with this Chapter and applicable State public health laws and regulations.

C. The person in charge of the cannabis facility shall allow the Department's inspectors access to all areas of the cannabis facility during the cannabis facility's hours of operation to inspect the cannabis facility premises, storage areas, equipment, production, labeling, and packaging processes, and conveyances used in the manufacture, storage, or delivery of cannabis and cannabis products, or any place at which cannabis or cannabis products are sold, cultivated, or stored, or at any site where evidence of activities are allegedly taking place.

D. Inspections shall include review of all pertinent records including, but not limited to, the track and trace system, plans required by the Department, and standard operating procedures. The person in charge of the cannabis facility shall provide records upon request to the Department.

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E. The Department shall be granted access to conduct investigations concerning the adulteration and misbranding of cannabis and cannabis products, unpermitted cannabis operations, and overall sanitation of any cannabis facility including the ability to enter and inspect any place where any cannabis or cannabis product is reasonably suspected of being manufactured or held in violation of this Chapter or State or local laws and regulations.

F. When the operator, person in charge, or employee of a cannabis facility fails to fully cooperate with the Department's inspectors and/or investigation by not allowing access to the facility areas and/or records required by this Chapter, that act or omission shall be a violation of this Chapter, and shall subject the cannabis facility to the immediate suspension or revocation of its public health permit.

11.37 .140 Cannabis and Cannabis Product Quality Assurance A. The Department or its designee may collect from a cannabis facility samples of cannabis and cannabis product, at no cost to the Department, to verify compliance with the cannabis and cannabis product laboratory testing and labeling requirements from a cannabis facility during the cannabis facility's operational hours without advance notice.

B. The Department may secure any sample or specimen of any cannabis product or ingredients used therein by the cannabis facility and make analyses or examinations of any sample obtained.

C. The Department shall provide the cannabis facility operator with a receipt or documentation of sample(s) collected prior to leaving the premises.

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D. A copy of the results of the sample analysis shall be provided to the person in charge of the cannabis facility.

E. The Department may take an enforcement action necessary to protect the health of the public depending on the testing results and analysis of the sample or samples collected at the cannabis facility.

Part 5 Enforcement

11.37.150 Public Health Permit Suspension and Revocation A. Any cannabis facility public health permit issued to a permittee may be suspended or revoked by the Department for a violation of the requirements of this Chapter or Part 7 of Chapter 8.04, or State and local laws or regulations. Any cannabis facility, or portion of a microbusiness, for which the public health permit has been suspended or revoked shall close and cease doing business and remain closed until the permit has been reinstated or reissued by the Department.

B. Whenever the Department finds that a cannabis facility is not in compliance with the requirements of this Chapter or State and local laws or regulations, a written notice of violation that contains a required compliance date shall be issued to the permittee. If the permittee fails to correct the violation within the specified time, the Department shall issue to the permittee a written notice setting forth the permit violations found by the Department. The notice shall inform the permittee of a right to a compliance review, if requested, to show cause why the permittee's public health permit should not be suspended or revoked. A permittee must make a written request to the Department for a compliance review within 10 calendar days of service of the notice, or HOA.102045456 43
correct the violation. A failure to request a compliance review within 1 O calendar days after service of the notice shall be deemed a waiver of the right to a compliance review, and may subject the permittee's permit to immediate suspension by the Department.

C. The compliance review shall be held within 15 calendar days of the Department's receipt of the permittee's written request for a compliance review. Upon written request by the permittee, the compliance review officer may postpone any compliance review date, if circumstances warrant such action, or cancel the compliance review if the permittee's violations are corrected as verified by the Department.

D. At the compliance review, the Department's compliance review officer shall hear testimony and read and consider document submissions from the permittee and Department representatives.

E. The compliance review officer shall issue and serve a written decision to the permittee within 15 working days following the compliance review. In the event of suspension or revocation, the decision shall specify the permit violations that were found to exist and/or continue, the extent of the suspension of the permit, and the actions required for correction of the continuing violations. If the permittee's public health permit has been revoked, the decisions shall state the reasons for the revocation.

F. Notwithstanding any other provision of this Chapter, if any immediate danger to the public health or safety is found or is reasonably suspected, unless the danger is immediately corrected, the Department may immediately suspend the permittee's public health permit and order the cannabis facility immediately closed, pending the determination of a compliance review. Immediate danger to the public HOA.102045456 44
health or safety shall include any condition, based upon inspection findings or other evidence, that can cause, or is reasonably suspected of causing, infection, illness or disease transmission, or any known or reasonably suspected hazardous condition.

1. Whenever a public health permit is suspended as the result of an immediate danger to the public health or safety, the Department shall issue to the permittee a notice setting forth the violations that have caused the immediate danger, specifying the sections of this Chapter or State and local laws or regulations, allegedly violated, and informing the permittee of the right to a compliance review.

2. At any time within 10 calendar days of service of a notice pursuant to subsection G, the permittee may request, in writing, a compliance review before a compliance review officer to show cause why the public health permit suspension is not warranted. The compliance review shall be held within 15 calendar days of the receipt of a request for a compliance review. A failure to request a compliance review within 10 calendar days shall be deemed a waiver of the right to such compliance review.

H. The Department may, after providing opportunity for a compliance review, modify, suspend, or revoke a public health permit for serious or repeated violations of the requirements of this Chapter or State and local laws and regulations, or for interference in the performance of the inspection and investigations duties of the Department.

I. A public health permit may be reinstated, or a new public health permit issued, if the Department determines that conditions which prompted the suspension or revocation no longer exist.

HOA.102045456 45

11.37 .160 Recall of Cannabis And Cannabis Products
A. All cannabis facilities shall establish and implement a written procedure approved by the Department for the recall of cannabis and cannabis products that are determined to be misbranded or adulterated in accordance with the requirements of State and local laws or regulations. Recall procedures shall include, but not limited to:

1. Factors which dictate a recall.

2. Employees responsible for implementing the recall procedures.

3. Notification protocols, including:
a. A mechanism to immediately notify the Department.
b. A mechanism to notify all customers that have, or could have, obtained the product, including communication and outreach via media, as necessary and appropriate.
c. A mechanism to notify any operator of a cannabis facility that was supplied or received the recalled product.
d. Instructions to the general public and/or other cannabis facilities for the return and/or destruction of the recalled product.

4. The person in charge of the cannabis facility shall provide the following information to the Department upon request to assist in the recall investigation:
a. Source of the implicated cannabis or cannabis product. b. Name, contact information, and State license number of the distributor and manufacturer.

HOA.102045456 46
c. Complete distribution list including name, address, and contact information; and product identification information (e.g. batch number, lot number, product coding, etc.).

B. Cannabis or cannabis products that are subject to recall or embargo because they are or are reasonably suspected of being adulterated or misbranded shall include, but are not limited to, the following circumstances:

1. Laboratory testing reports show presence of pesticide residues not permitted for use on cannabis, or a residual of permitted or approved pesticide above that which has been determined as safe in sampled cannabis or cannabis products.

2. Retail cannabis and cannabis product found to have contaminant levels exceeding those established as permissible by the State, which shall be considered to be a failed contaminant test.

3. Use of solvents that were not approved for use.

4. If a test is found to contain levels above those established by the State agency, of any mold, mildew, or filth that could be toxic if consumed.

5. If the THC content of a cannabis product is determined through testing not be homogenous, within the allowable margin of error as established by applicable State regulations, then it shall be considered to have failed potency testing.

6. Cannabis product contains of undeclared allergens.

C. The Department may initiate a recall investigation.

D. When the Department has evidence that any cannabis or cannabis products are adulterated or misbranded, the Department, shall notify the permittee and HOA.102045456 47
order the cannabis facility to immediately cease activities related to the manufacturing, sale and distribution of all cannabis and cannabis products that have been identified as being potentially adulterated or misbranded. The Department may, after consultation with the State, order a recall or embargo of any adulterated or misbranded cannabis or cannabis products if the manufacture, distribution, or sale of the product would create or pose an immediate and serious threat to human life or health.

E. Upon confirmation by the Department or other licensing entity that the identified cannabis or cannabis product is adulterated or misbranded, the Department may issue orders to permittees regarding the required movement, segregation, isolation, or destruction of the adulterated or misbranded cannabis and cannabis products, and may order those to be held in place, embargoed, or quarantined. It is unlawful for any person or permittee to move or allow to be moved any cannabis or cannabis products that is subject to an order issued pursuant to this Chapter, unless that person has first obtained written authorization from the Department.

F. The Department shall provide the permittee an opportunity for an informal review proceeding on the matter, as determined by the Department, within five days, on the actions required by the Department's recall order and on why the quarantined or embargoed cannabis or cannabis product should not be recalled. Following the proceeding, the order may be affirmed, modified, or set aside as determined appropriate by the Department.

HOA.102045456 48
G. A permittee shall follow its recall procedures for the collection, storage and destruction of any recalled cannabis products. Such procedures shall include, but are not limited to, the following requirements:

1. All recalled cannabis and cannabis products that are intended to be destroyed shall be quarantined for a minimum of 72 hours. The product held in quarantine shall be subject to auditing from the Department.

2. Following the quarantine period, the permittee shall render the recalled cannabis product unusable and unrecognizable, and the rendering shall be recorded on video and maintained by the permittee for inspection by Department or other licensing entities.

3. A permittee shall dispose of chemical, dangerous, or hazardous waste in a manner consistent with Federal, State, and local laws. This requirement shall include, but is not limited to, recalled products containing pesticide or other agricultural chemicals, and flammable solvents or other chemicals used for the purpose of producing manufactured cannabis batches.

4. A permittee shall not dispose of recalled product in an unsecured waste receptacle that is not in the possession and/or control of the permittee.

H. All recalled cannabis and cannabis products shall be separated and stored in a manner that shall prevent the contamination of other cannabis or cannabis products.

I. A permittee shall use the track-and-trace system database and on-site documentation to ensure that recalled cannabis or cannabis products intended for HOA.102045456 49
destruction are identified, weighed, and tracked while on the premises and when disposed of in accordance with State law and regulation, and local laws.

11.37.170 No Conflict With State Law
This Chapter is not intended to conflict with State law. This Chapter shall be interpreted to be compatible with State enactments and in furtherance of the public health and safety purposes that those enactments encompass.

11.37.180 No Conflict With Federal Law
This Chapter is not intended to conflict with federal law or stand as an obstacle or conflict with any efforts made by the federal government to enforce federal laws related to Cannabis related activities.

11.37 .190 Severability
If any section, subsection, subdivision, clause, sentence, phrase, or portion of this Chapter is held unconstitutional or invalid or unenforceable by any court or tribunal of competent jurisdiction, the remaining sections, subsections, subdivisions, clauses, phrases or portions of this measure shall remain in full force and effect, and to this end the provisions of this Chapter are severable.

11.37 .21 0 Effective Date
The requirements of this Chapter shall not take effect in the unincorporated areas of the County of Los Angeles, unless and until the County board of supervisors allows all or certain specified commercial cannabis activities as a zoned permitted use within specified zones within the unincorporated areas of the County of Los Angeles.

HOA.102045456 50

11.37 .220 Adoption of Ordinance by Cities.

This ordinance shall be effective within the territorial jurisdiction of each city that incorporates the entirety of this ordinance into its municipal code by adoption or resolution. County shall enforce the provisions of this ordinance only if a city that has incorporated this ordinance into its municipal code, and enters into a service agreement with the County, as approved by the board of supervisors, for public health regulatory services for commercial cannabis activities to be performed by County. Should the contract between the city and County expire or be terminated, neither the County nor the County Health Officer shall have an obligation to enforce this ordinance or public health laws regarding commercial cannabis activities within the territorial limits of that city.
[CH804RRCC]
HOA.102045456 51
SECTION 4. This ordinance shall be published in __ T_h_e_D_a_i .... ly_C_o_m_m_e_rc_e_ a newspaper printed and published in the County of Los Angeles.

ATTdl~ £41~
Lori Glasgow
Executive Officer -
Clerk of the Board of Supervisors
County of Los Angeles
~·"'chair •
I hereby certify that at its meeting of December 19, 2017 the foregoing ordinance was adopted by the Board of Supervisors of said County of Los Angeles by the following vote, to wit:

Supervisors Hilda Solis
Mark Ridley-Thomas
Sheila Kuehl
Janice Hahn
Kathryn Barger
Effective Date: January 18, 2018
Operative Date: ----------
rn:l!"eov can,ry that pursuant to
Section 25103 of the Government Code,
delivery of this document has been made

LORI GLASGOW
Exe- fae Officer
the Boarc; of SupeMSOrs
~
S:\Ordinances\County Counsel\2017\2017-0060
Supervisors None
Lon Glasgow
Executive Officer -
Clerk of the Board of Supervisors
County of Los Angeles
APPROVED AS TO FORM:

MARY C. WICKHAM
County Coun 11
1/_
By
Le
Chief Deputy County Counsel

EXHIBIT B
The City of Baldwin Park – PH-005509 1

CITY OF BALDWIN PARK

PUBLIC HEALTH AND SAFETY INSPECTION AND

ENFORCEMENT SERVICES OF CANNABIS FACILITIES

SCOPE OF WORK

Upon execution of the Agreement, the City and County agree to the following (unless defined herein, capitalized terms used in this Scope of Work shall have the same meanings as in the Agreement):

1. The City must provide to the County a list of names and locations of all Applicants and Licensees/Permitees, as defined in City Municipal Code sections 127.02 and 128.03. The City must update said information to the County by the first business day of every month.

2. The City must require all licensed commercial cannabis businesses to also apply for a public health permit from the County.

3. The City must provide to the County an initial written inventory list of Applicant and Licensee/Permittee locations receiving water from the City and information on any backflow prevention device currently installed at those locations, within thirty (30) calendar days of the execution of this Agreement. The City must update said list and information to the County by the first business day of every month.

4. County’s Board of Supervisor has delegated the authority and responsibility of inspecting licensed commercial cannabis businesses for public health purposes to both the County’s Director of Public Health, or authorized designee (“Director”) and/or the County’s Health Officer, which will include the following activities:

EXHIBIT B
The City of Baldwin Park – PH-005509 2
a) The County will process all applications for public health permits from commercial cannabis businesses; and
b) The County will collect all public health permit fees, fines, and penalties from commercial cannabis business that are applying for or holders of a County public health permit: and
c) The County will inspect and enforce the public health requirements, as provided in Exhibit A (Commercial Cannabis Activity Ordinance), for all commercial cannabis businesses; and
d) The County will notify the City within two (2) business days after it suspends or revokes a public health permit issued by the County to a commercial cannabis business within the City.

5. The City may request and receive from the County copies of any inspection reports created by County of any City licensed commercial cannabis business within the territorial limits of the City.

6. The County, through its Department of Public Health, Environmental Health Division, will implement the County’s Cannabis Emblem Placard Program for all duly licensed, permitted, and/or authorized cannabis businesses operating within the territorial limits of the City. A copy of the emblem used in connection with the Cannabis Emblem Placard Program is attached as Exhibit B-1. In order for the Agreement to be effective, the City shall adopt an ordinance to implement the Cannabis Emblem Placard Program, which substantially conforms in all material respects to the model ordinance contained in Exhibit B-2.

7. The City must provide the County’s Department of Public Health with the necessary information regarding City licensed commercial cannabis businesses and

EXHIBIT B
The City of Baldwin Park – PH-005509 3
applicants for a City commercial cannabis license, for the County to perform its contracted functions.

8. The City must arrange for assistance upon the request of County’s Department of Public Health regarding investigations of City licensed commercial cannabis businesses or applicants for a City commercial cannabis license for public health purposes, including but not limited to, cannabis recalls, cannabis facility waste management, odor control, and product quality.

9. The City is not entitled to any portion of any fee, penalty, or other charge collected by the County from any City licensed commercial cannabis businesses or applicant for a City commercial cannabis license.

10. The County will not be required to investigate or respond to any complaint regarding any commercial cannabis businesses that do not possess a City license, authorization, and/or a County-issued public health permit. Should the City request the assistance of the County regarding an investigation of or a complaint response regarding any unauthorized commercial cannabis business, the City must reimburse the County for the actual cost of services provided. The County will bill City in arrears, and will charge the City service rates as listed in Los Angeles County Code Section

8.04.728 and approved by the County’s Board of Supervisors. The City must pay the County within thirty (30) calendar days of the date of County’s invoice for reasonable services, but in no event will the City be responsible for late fees, late charges, interest, or penalties.

Facility Name
PR Number
Authorized
Cannabis
Store

FOR INFORMATION REGARDING

THE LATEST INSPECTION RESULTS

OR FOR CANNABIS HEALTH ADVISORIES
VISIT OUR WEBSITE:
www.publichealth.lacounty.gov/eh

CANNABIS COMPLIANCE AND

ENFORCEMENT PROGRAM
Public Health concerns
regarding this facility
may be directed to:

ENVIRONMENTAL HEALTH

CUSTOMER CALL CENTER
(888) 700-9995
EXHIBIT B-1
EXHIBIT B-2

EMBLEM PROGRAM FOR AUTHORIZED CANNABIS STORES

I. Findings.

A. Unlicensed cannabis businesses threaten the health and safety of cannabis consumers by selling products that are cultivated, manufactured, prepared, and processed outside of the regulated cannabis marketplace. These products may be tainted, contaminated, mislabeled, unlabeled, or misbranded, and may cause injury or illness if consumed.

B. Unlicensed and unregulated cannabis stores harm the peace, comfort, and welfare of people who live and work nearby. These stores are more likely to operate outside of proscribed hours of operation, without meeting locational and operational standards, and may be more likely to sell cannabis in quantities that exceed legal limits and sell cannabis to minors in violation of applicable law.

C. Cannabis consumers should be able to tell whether a retail cannabis business is unlicensed without having to enter the premises and should understand the health risks and consequences of shopping at an unlicensed cannabis business. This knowledge and understanding will empower consumers to make smart choices to protect their health and safety. Communities will also benefit from a reduction in the number of unlicensed cannabis stores.

II. Purpose and Intent.

A. The Emblem Program for Authorized Cannabis Stores (Program) is administered by the County of Los Angeles in partnership with cities within the County of Los Angeles as a cross-jurisdictional effort to deter the operation of unlicensed cannabis businesses. The Program is intended to protect consumers and stop harmful effects caused by unlicensed and unregulated cannabis businesses on local neighborhoods and communities by requiring retail cannabis businesses that have received all appropriate licenses, permits, or authorizations from the State of California and local governments to both display a unique emblem on the store’s premises so that it is highly visible to the public from the exterior of the store, and provide and make Program supplied health-related information accessible to consumers.

B. The Program is not intended to promote the use, possession, distribution, manufacturing, or cultivation of cannabis or cannabis products, or to engage in any actions that conflict with any applicable local, state, or federal laws.

III. Definitions.

A. Authorized Cannabis Store: A retail commercial cannabis business engaged in the commercial sale of medical or adult-use cannabis to customers at a Business Premises location, provided:

EXHIBIT B-2

1. The retailer has obtained a Type-10 (Retailer) or Type 12 (Microbusiness) License or Temporary Approval from the City, and a license or provisional license from the State of California for the same activity or activities;

2. The retailer has obtained all licenses, permits, or authorizations required by the City and any other local agencies necessary to allow the business to engage in the sale of medical or adult-use cannabis; and

3. The retailer keeps all applicable licenses, permits, or authorizations current and valid, and remains in good standing to engage in the sale of medical or adult-use cannabis in the City.

B. Emblem: The emblem featured on the Emblem Placard issued to an Authorized Cannabis Store by the Program Administrator as part of the Program.

C. Emblem Placard: A placard displaying the Emblem and other required information, that conforms to the design requirements specified in subdivision D and issued to an Authorized Cannabis Store by the Program Administrator as part of the Program that notifies the public that the store has received all required state and local licenses, permits, or other authorizations to become an Authorized Cannabis Store.

D. Health Information Advisory: The pamphlet, paper, or other media provided to the Authorized Cannabis Store by the Program Administrator that contains health information messages, regarding cannabis use and its potential health impacts, created by the Department of Public Health.

E. Program: The Emblem Program for Authorized Cannabis Stores.

F. Program Administrator. The Director of the Los Angeles County Department of Public Health, or his or her designee.

IV. Emblem—Significance.

A. The Emblem, when displayed on the Emblem Placard in accordance with the provisions of this ordinance, shall serve as notice to the public that the commercial cannabis business to which the Emblem Placard was issued is an Authorized Cannabis Store at the time of issuance and is in compliance with all applicable public health laws and regulations as determined during the most recent Public Health inspection. The Emblem and Emblem Placard shall not grant any rights or remedies, and shall not be construed as granting any rights or remedies, to any person or entity in possession of the Emblem or Emblem Placard. The Emblem and Emblem Placard may not be sold, assigned, or otherwise transferred, and shall not be removed from the premises of the Authorized Cannabis Store to which the Emblem Placard was issued, except as specified in this Ordinance.

EXHIBIT B-2

V. Emblem Placard—Procedure for Issuance, Posting, Inspection, Suspension, and Revocation.

A. Issuance

1. The Program Administrator shall cause an Emblem Placard to be issued to all Authorized Cannabis Stores.

B. Posting

1. The Program Administrator shall cause the Emblem Placard to be posted at the Business Premises so as to be clearly visible to the general public and to patrons entering the Business Premises. For the purposes of this section, “clearly visible to the general public and to patrons entering the store’s premises” means:
a. Posted in the front window of the retail business within five (5) feet of the front door or posted in a display case mounted to the outside front wall of the store within five (5) feet of the front door; or b. Posted in a location as directed and determined in the discretion of the Program Administrator to ensure proper notice to the general public and to patrons.

2. An Authorized Cannabis Store shall, at its sole cost, make any reasonable modifications to the exterior or interior of its Business Premises that the Program Administrator determines are necessary to accommodate the posting of the Emblem Placard, including but not limited to modifications to lighting, window treatments, coverings, tinting, glazing, and painting, and the mounting of a display case on the exterior of the premises.

3. An Authorized Cannabis Store shall not alter, move, remove, or otherwise modify an Emblem Placard posted at its Business Premises pursuant to this section unless ordered or authorized to do so in writing by the Program Administrator.

C. Inspection

1. Not less than once per year, the Program Administrator shall cause an inspection to take place at the premises of an Authorized Cannabis Store to ensure the Emblem Placard is displayed and the Health Information Advisory is provided or made accessible to consumers in compliance with the provisions of this ordinance. Inspections shall take place during ordinary business hours and may be unannounced. The Program Administrator may conduct an inspection more than once per year if the Program Administrator determines more frequent inspections are necessary to ensure compliance with the Program. Inspections may be EXHIBIT B-2

conducted in conjunction with or separately from other regular inspections.

D. Suspension

1. Upon a determination by the Program Administrator that a Licensee ceases to keep all applicable licenses, permits, or authorizations current, valid, and in good standing, the Program Administrator may immediately suspend the Licensee’s participation in the Program. Written notice will be provided to the Licensee detailing the reason for the suspension, along with instructions for reinstatement. The Emblem Placard will be removed by the Program Administrator, or an authorized representative, until the Licensee takes the necessary steps for reinstatement into the Program.

E. Revocation

1. Upon a determination by the Program Administrator that a Licensee ceases to be an Authorized Cannabis Store for any reason, the Program Administrator shall immediately issue an order in writing to the store to remove the Emblem Placard from public view and return the Emblem Placard to the Program Administrator, or provide other evidence satisfactory to the Program Administrator that the Emblem Placard has been destroyed. The Program Administrator’s determination shall be final and not subject to appeal.

VI. Health information Advisory
A. An Authorized Cannabis Store, at the direction of the Program Administrator, shall provide or make accessible to the consumer a Health Information Advisory created by the Los Angeles County Department of Public Health. The Health Information Advisory shall be supplied to the store by the Program Administrator.

The store shall provide the Health Information Advisory to the consumer at the point of sale. The Program Administrator may also supply Health Information Advisory materials in pamphlet or other written form to an Authorized Cannabis Store, and require those materials be displayed and made accessible to consumers in the store's customer services areas.

VII. Violations.

A. It shall be unlawful for any person to engage in the retail sale of medical or adult-use cannabis or cannabis products in the City unless it is an Authorized Cannabis Store and displays an Emblem Placard in compliance with the provisions of this ordinance.

B. It shall be a misdemeanor and an unfair business practice subject to criminal and civil enforcement to display or use the Emblem or Emblem Placard, or any placard, symbol, or rendering that is substantially or confusingly similar to the Emblem or Emblem Placard, in connection with any commercial cannabis EXHIBIT B-2

activity for the purpose of falsely holding oneself out as an Authorized Cannabis Store.

C. City and the Program Administrator may conduct inspections of any commercial cannabis business displaying the Emblem or Emblem Placard, or a substantially or confusingly similar Emblem or Emblem Placard, on its premises, for the purposes of determining whether the store is an Authorized Cannabis Store.

D. Where City and County laws conflict, commercial cannabis businesses shall comply with all City laws, rules, and regulations unless the issue directly relates to matters of public health that are regulated by the County pursuant to this Program.

STAFF REPORT
ITEM NO. _____7_____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
PREPARED BY: Albert Trinh, Accounting Manager
DATE: November 20, 2024
SUBJECT: Approval Of Resolution for California Declared Disaster DR# 4482; Cal OES ID# 037 -03666; COVID -19 Pandemic
Relief

SUMMARY
This report requests City Council approval of the attached Resolution DR # 4482, Cal OES ID# 037 -03666; for the relief funds from FEMA covering expenses the City incurred during the COVID-19 Pandemic. Cal OES Form 130 designates authorized agents within the City to complete and sign all appropriate documentation to close out this reimbursement claim. The City is anticipating to receive up to $551,963 upon approval from FEMA.

RECOMMENDATION
It is recommended that the City Council:

1. Approve the attached Agent Resolution DR# 4482; and

2. Authorize the Chief Executive Officer, Chief of Police, or the Director of Finance to complete and sign all appropriate documentation necessary to close out this reimbursement claim.

3. Authorize the Director of Finance to make necessary budget adjustments based on the reimbursement received.

FISCAL IMPACT
There will be a positive fiscal impact on the General Fund when the reimbursement is approved by FEMA.

BACKGROUND
The COVID-19 pandemic, caused by the SARS-CoV-2 virus, began in late 2019 in Wuhan, China, and rapidly spread worldwide. Declared a global pandemic by the World Health Organization in March 2020, COVID -19 impacted nearly every aspect of daily life, resulting in widespread illness, fatalities, and significant economic disruption. To slow the spread, countries implemented measures such as lockdowns, social distancing, and mask mandates, affecting businesses, schools, and public events.

The City of Baldwin Park took proactive steps to support it s residents during the COVID -19 pandemic by organizing food drives, coordinating COVID -19 testing, delivering food to those in need, and implementing a safe reopening plan to protect both the public and City staff. General fund monies were used to purchase supplies and fund the operation for these events. Staff has worked diligently with CalOES and FEMA to ensure proper documentations were submitted in order for allowable COVID -19 expenditures for FEMA reimbursements reducing the burden on General Fund.

ALTERNATIVES
None.

Page 2 ends

LEGAL REVIEW
This report does not require legal review.

ATTACHMENTS

1. Agent Resolution DR #4482 and Project Assurances for Federal Assistance Form

City Council City of Baldwin Park
Chief Executive Officer
Chief of Police
Director of Finance
037-03666
City of Baldwin Park
City of Baldwin Park
DR# 4482
Emmanuel J. Estrada, Mayor
Jean M. Ayala, Mayor Pro-Tem
Alejandra Avila, Councilmember
Christopher Saenz City Clerk
City of Baldwin Park
City Council
City of Baldwin Park

STAFF REPORT
ITEM NO. _____8_____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Director of Community Development
PREPARED BY: Carlos Ordonez, Community Enhancement Supervisor DATE: November 20, 2024
SUBJECT: Resolution No. 2024 -048 - Adoption of a Housing Inspection Policy Pursuant to the Requirements of AB 548

SUMMARY
The purpose of this report is to provide the City Council with an overview of Assembly Bill (AB) 548 and its impact on housing policy within Baldwin Park. This report will highlight the purpose, policy guidelines, and procedures for state mandated inspections related to substandard living conditions in multi -unit complexes, as mandated by Health and Safety Code (HSC) sections 17920.3 and 17920.10.

RECOMMENDATION
It is recommended that the Council adopt Resolution No. 2024-048, for the adoption of a policy pursuant to the requirements of AB 548 relating to housing inspections.

FISCAL IMPACT
There is no fiscal impact from the adoption of the proposed Policy.

BACKGROUND
AB 548, codified as HSC section 17970.7, introduces a proactive inspection framework for multi -unit housing complexes in order to protect tenants' rights and ensure safe living conditions. It mandates that City inspectors and code enforcement officers eval uate whether identified violations within a unit have the potential to affect additional units. If so, inspectors are required to document and inspect neighboring units and issue notices for corrective action. To effectuate AB 548 housing inspection mandat es, Cities are required to formally adopt a policy for housing inspections.

This policy complies with AB 548 and is essential for the City of Baldwin Park as it aligns with our mission to uphold housing standards and safeguard tenants' rights. The implementation of AB 548 will provide a robust mechanism to address potential widespread housing violations within multi-unit complexes.

DISCUSSION
Under this housing inspection policy, code enforcement officers will now have clear procedures for responding to violations in multi-unit complexes. Key elements of the policy include:

1. Proactive Inspections: Code enforcement officers will inspect units found to be in violation of HSC 17920.3 or 17920.10 and determine if these violations could affect neighboring units. Factors such as building age, construction methods, and the cause of the violation will be considered.

2. Noticing: Following the inspection, both property owners and tenants will receive notices detailing the violations and corrective actions required. This includes tenants of adjacent units that could be impacted by the violations.

Page 2 ends

3. Re-Inspections: Officers will conduct follow-up inspections to ensure that violations have been corrected within the timeframe provided in the notice.

The adoption of AB 548 will enhance tenant protections and improve living conditions within Baldwin Park’s multi-unit complexes. This policy provides clear procedures for inspections, notice issuance, and follow -up actions, ensuring that property violations are addressed promptly and efficiently.

ALTERNATIVES
Delaying adoption could result in the City being out of compliance with State law by the January 2025 deadline.

CEQA REVIEW
The action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines because the action is the adoption of new housing inspection policies and therefore, it is considered general policy and procedure making and not subject to CEQA.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Resolution No. 2024-048
a. Exhibit “A”- AB 548 Housing Inspection Policy

RESOLUTION NO. 2024-048

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BALDWIN PARK ADOPTING A POLICY PURSUANT TO THE
REQUIREMENTS OF AB 548 RELATING TO HOUSING

INSPECTIONS

WHEREAS, on October 11, 2023. Governor Newsom signed Assembly Bill No. 548 (AB 548) authored by Assembly member Boerner (D -San Diego) generally imposing new requirements on city code enforcement agencies concerning the way they conduct housing inspections; and
WHEREAS, AB 548 requires code enforcement agencies to develop policies and procedures prior to January 1, 2025 for inspecting a building with multiple units if an inspector or code enforcement officer has determined that a unit is substandard and the inspector or code enforcement officer determines that the defects or violations have the potential to affect other units of the building.

WHEREAS, the City Council of the City of Baldwin Park (“City Council”) wishes to comply with the requirements of AB 548 by adopting a policy to guide housing inspections in compliance with the requirements of AB 548; and WHEREAS, the City Council has determined that the adoption of the AB 548 Policy is in the public interest and complies with the requirements of AB 548.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct.

SECTION 2. Adoption of Policy. The City Council hereby adopts the AB 548 Policy attached hereto as Exhibit “A” to this Resolution and directs the Director of Community Development, and his or her designees, to incorporate the policy into the City’s standard inspection procedures.

SECTION 3. CEQA. The City Council finds and determines that adoption of the AB 548 Policy is not a “project” as defined under California Public resources Code Sections 21065 and 21080.

SECTION 4. Severability. If any provision, section, paragraph, sentence, or word of this resolution be rendered or declared invalid by any court of competent jurisdiction, or by reason of preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this resolution shall remain in full force and effect.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

PASSED AND ADOPTED THIS 20th DAY OF NOVEMBER 2024.

______________________________________
EMMANUEL J. ESTRADA
MAYOR

[ATTESTATION ON NEXT PAGE]

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. 202 4-048 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 20th day of November 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
Christopher Saenz

CITY CLERK

Page 1 of 2 ends

-Exhibit A-
CITY OF BALDWIN PARK - AB 548 HOUSING POLICY

I. PURPOSE

The purpose of this policy is to protect tenants’ rights and their living conditions in multi -unit complexes in the City of Baldwin Park . This policy will provide procedures for proactive inspections of multi-unit complexes. Pursuant to AB 548 , codified as Health and Safety Code section 17970.7, City inspector s and code enforcement officers shall now have a procedure for inspecting a multi -unit complex when there is a violation of Health and Safety Code (“HSC”) section 17920.3 or HSC section 17920.10, and the inspector/code enforcement officer determines that the defects or violations have the potential to affect other units of the building.

II. POLICY

It is the policy of the City of Baldwin Park to properly handle violations of substandard living conditions within multi-unit complexes and to maintain an accurate record of noticing in order to protect tenants’ rights and the living conditions of the community.

III. PROCEDURES

A. Inspection
All inspections are to be consistent with the current laws and inspection practices in place. Upon inspection of a unit within a multi-unit complex that is determined by the code enforcement officer to be substandard pursuant to HSC section 17920.3 or in violation of HSC section 17920.10 , the code enforcement officer must determine whether those violations are such that they could reasonably affect additional units in the complex . The code enforcement officer shall document and photograph all violations that may be used as a basis for additional inspections of adjacent units.

B. Determination
When determining whether to inspect additional units, the code enforcement officer may consider factors including, but not limited to:
• building type,
• building age,
• building size,
• construction method,
• cause of the substandard condition, and
• history of violations.

A non-exhaustive list of violations that could reasonably affect other units are:
• mold,
• mildew,
• pests, and/or
• lead hazards.

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If one of the above listed or another violation is present and the code enforcement officer determines the violation[s] could reasonably affect other units, the code enforcement officer must inspect or attempt to inspect the following:
• adjacent units (above, below, and neighboring) and
• any additional units that the code enforcement officer determines could be reasonably affected.

If the violations are so severe and widespread as determined by the code enforcement officer, the code enforcement officer must inspect or attempt to inspect all units within the building . In the event the tenants of adjacent and reasonably affected units do not respond to the request to inspect, the code enforcement officer may seek an inspection warrant on the basis of the violations in the adjacent unit.

C. Notice Requirements
Upon the conclusion of the inspection, and within a reasonable time, the code enforcement officer shall draft a notice or order to repair or abate to advise the owner/operator and tenant of each known violation and of each action required to remedy the violation. Notice must be issued to the following:
• property owner/operator,
• tenant of unit,
• tenants of adjacent units (above, below, and neighboring), and • tenants of additional units that the code enforcement officer determines could be reasonably affected.

The notice should include the following:
• date of the inspection,
• a non-exhaustive list of violation[s],
• time frame in which to make the corrective actions, and • anything required under City’s municipal code (See B.P.M.C. § 95.07)

If the violations are so severe and widespread as determined by the code enforcement officer, the code enforcement officer must notify all tenants within the building.

D. Re-Inspection
The code enforcement officer must schedule a re -inspection to verify the anticipated corrections outlined in the notice or order to repair or abate.

STAFF REPORT
ITEM NO. _____9_____

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TO: Honorable Mayor and Members of the City Council
FROM: Romany Basilyous, Acting Director of Public Works PREPARED BY: Yovanni Viramontes, Associate Engineer
DATE: November 20, 2024
SUBJECT: Acceptance of Construction Improvements and Authorization for Filing of Notice of Completion for CIP 22 -044 - Susan Rubio Zocalo Park and Civic Center Plaza Project . Request for A ppropriation of Additional Construction Contingency Funds to Support Project Closeout.

SUMMARY
The purpose of this staff report is to seek City Council's acceptance of Project Improvements and authorization to file a Notice of Completion (NOC) for CIP 22-044 – Susan Rubio Zocalo Park and Civic Plaza Project with the LA county Recorder’s Office. Additionally, Staff is requesting the appropriation of $600,000 from Measure W and SB1 funds to cover the cost of overruns related to the construction of the project. The work completed as part of the project includes the grading and relandscaping of approximately 2.75 acres of land fronting City Hall between Pacific Ave and Sterling Way. The main plaza includes a new pavilion with seating and gathering space, a new retail building with parking spaces, the closure of portion of Maine Avenue, a new pedestrian walkway with decorative lighting and signage, decomposed gravel surfaces, and installation of drought tolerant trees and plants. On Pacific Avenue, work included the narrowing of through traffic to provide a safer midblock crosswalk with rapid repeating flashing beacons, new bike from Ramona Blvd to Bogart Avenue, ADA ramps, sidewalk improvements, curb and gutter removal and replacement, as well as pavement resurfacing, striping, and street signage.

RECOMMENDATION
It is recommended that the City Council:
1) Accept the construction improvements by PCN3, inc. of Los Alamitos, CA and authorize the recordation of a Notice of Completion for City Project No. CIP 22-044 – Susan Rubio Zocalo Park and Civic Plaza; 2) Authorize the releasee of retention funds in the amount of up to $550,000 to PCN3, Inc upon the expiration of the 35-day notice period; and
3) Authorize the Director of Finance to appropriate $250,000 from SB1Fund #256 to Account #256-50-520- 58100-55022 and $350,000 from Measure W Fund #258 to Account #258-50-520-58100-55022 and to make the necessary budget adjustments.
4) Authorize the Director of Finance to reappropriate the original approved allocations by increasing funding in the amount of $1,000,000 from Measure W Fund #258 to Account #258 -50-520-58100-55022, and decreasing funding in the amount of $1,000,000 from Futu re Development Fund #200 to Account #200 - 50-520-58100-55022, in order to free up funds in the Future Development Fund; and to reclassify charges related to these two funds and make the necessary budget adjustments.

FISCAL IMPACT
There is no fiscal impact to the General Fund. The funds are available in Measure W and SB1 Funds to appropriate for the Susan Rubio Zocalo Park and Civic Plaza Project. The additional funding will be used to cover the construction cost overruns due to pro ject delays, construction support, design changes, and change orders and will come from the funds as follows:

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Construction Costs Amount
Construction Contract (PCN3) $ 11,030,000
Contract Change Orders (PCN3) $ 70,000
Construction Administration (LCDG) $ 358,935
Construction Management + Inspections (IE) $ 342,136
Project Costs (Utilities, Demolition, Permits, and Misc Costs - Various Vendors) $ 389,929 Total Construction Costs $12,191,000

Approved Project Budget (Staff Report 10/19/2022) Amount Fund 200 Future Development Account # 200-50-520-58100-55022 $ 1,500,000 Fund 234 Quimby Account # 234-50-520-58100-55022 $ 1,100,000 Fund 256 SB1 Account # 256-50-520-58100-55022 $ 1,500,000 Fund 258 Measure W Account # 258-50-520-58100-55022 $ 1,000,000 Fund 270 State Grant Account # 270-50-520-58100-55022 $ 5,541,000 Total Budget $ 11,841,000

Request Additional Funds Amount
Reappropriate/Increase Measure W – Fund # 258-50-520-58100-55022 $1,000,000 Reappropriate/Decrease Future Development Fund – Fund # 200-50-520-58100-55022 ($1,000,000) Reappropriate SB1 – Fund # 256-50-520-58100-55022 (included in the original approved budget in the amount of $11,841,000)
$ 250,000
Appropriate Measure W – Fund # 258-50-520-58100-55022 $ 350,000 Total Requested Appropriations $ 600,000

BACKGROUND
On October 19, 2022, the City Council approved the plans and specifications and awarded a contract to PCN3, Inc. of Los Alamitos for the Susan Rubio Zocalo Park and Civic Center Plaza project. This transformative initiative aims to revitalize an underutilized street and parking area, converting it into a green space for a passive park with a walkable plaza for public gatherings and city events. The project, covering approximately 2.75 acres in front of City Hall between Pacific Avenue and Sterling Way, includes several key improvements: a new pavilion with seating and gathering space, a retail building with parking, a walkable open space and park for residents, and street enhancements along Pacific Avenue to connect the civic plaza and park to City Hall. The total approved construction budget is $11,841,000, which includes a $11,030,000 contract with PCN3, $36,000 for the demolition of an existing vacant building, and $775,000 for construction administration, management, and inspection services. Additionally, the City Council authorized a change order for $69,100 to add design services to the existing agreement with La Cañada Design Group, covering the necessary traffic and street improvements to complete the construction documents.

On November 15, 2022, the Public Works Director authorized a t ask order for Construction Administration and Close-Out services with La Cañada Design Group, Inc. for $128,285. This was in anticipation of the project moving into the procurement and mobilization phases, with construction expected to last 6 -8 months, beginning in January 2023 and concluding in August 2023.

On January 12, 2023, the city's contractor, PCN3, initiated mobilization for the main plaza construction between Pacific Ave, Maine Ave, and Sterling Way. During site demolition, the contractor encount ered unexpected challenges, including petromat beneath the asphalt on Maine Ave, concrete sections under the existing AC pavement, and abandoned underground utilities not accounted for in the original contract.

On February 9, 2023, the Engineering Manager issued a task order for construction management and inspection services to Infrastructure Engineers for $230,251. Infrastructure Engineers were selected as the lowest bidder

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among three consultants from the city's on-call engineering services.

On July 5, 2023, the City Council authorized the Public Works Director to execute a contract change order for $40,520 from the approved contingency budget to redesign the proposed alley road, accommodating changes resulting from negotiations with property owners. With support from La Cañada Design Group, the revised plans were completed, approved by city staff, and issued to the contractor as a change order to the original design.

On August 16, 2023, the Public Works Director authorized a change order to extend Construction Administration services to the estimated project close -out in July 2024 for $68,410. This extension was necessary to provide timely responses to design and construction RFIs, submittals, and change orders.

On February 7, 2024, the City Council approved a CWA with SoCal Gas for the installation of new gas services for the proposed retail building, which was completed in April 2024. Since then, the contractor, PCN3, has completed work associated with water services and Southern California Edison, working closely with these third- party agencies and the city's construction team.

DISCUSSION
The Susan Rubio Zocalo Park and Civic Plaza is substantial completed as of mid -September 2024. The Project expenses are $12,191,000, which is $350,000 over the approved budget from October 19, 2022, which represents a change of %3.2 of the original construction contract. The additional costs are attributed to project delays, extra design work, extended construction administration, management, inspection services, change orders and project closeout.

The project had 55 change orders totaling a net of only $70,000.00 in addition to the construction amount of $11,030,000.00. These change orders represent about 0.6% of the original construction contract.

In addition to weather-related delays, the construction scope required coordinating various utilities, including the abandonment and relocation of gas services, installation of new water services for the retail building, relocation of a fire hydrant, new irrigation services, and a new transformer and power connection for the retail building and project site. Coordination with utility providers caused further delays, particularly impacting the retail building's construction. Due to all these factors, LCDG and IE agreements had to be extended to cover all the changes which led to extra cost of the project.

The requested $350,000 from Measure W, will be used to cover all construction cost overruns. Additionally, the $250,000 from SB1 where originally part of the construction budget but were later removed during FY23/24 mid- year adjustments due to the city receiving a credit for scope of work that was removed during construction. It is critical to restore these funds or reallocate the $250,000 from SB1 to the project budget as these fund s are now necessary for the successful closeout of the project.

ALTERNATIVES

1. The City Council may choose not to authorize this appropriation of additional funds for project close-out.

This action is not recommended as it will cause additional delays with project close-out.

2. Provide Staff with alternate direction.

CEQA REVIEW
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" incl ude 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. Cod e § 21065.) To the extent that matters listed in this Agenda are considered “projects” under CEQA, their appropriate

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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.

LEGAL REVIEW
This report does not require legal review.

ATTACHMENTS

1. Notice of Completion

2. Contract Change Order Summary

3. Contingency Expenses (Construction Administration, Management, Other)

RECORDING REQUESTED BY:

CITY OF BALDWIN PARK

WHEN RECORDED MAIL TO:

Name CITY OF BALDWIN PARK

Address 14403 E. Pacific Avenue

Baldwin Park

State, Zip CA, 91706

SPACE ABOVE THIS LINE FOR RECORDER’S USE

APN: N/A NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN THAT:

1. A certain work of improvement on the property hereinafter described and known as:

2. The FULL NAME of the OWNER is

3. The FULL ADDRESS of the OWNER is

4. A work of improvement on the property hereinafter described was COMPLETED on 5. The work of improvement completed is described as follows:

6. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is

7. The street address of said property is

The undersigned, being duly sworn Engineering Official of the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true.

Date: By: Yovanni Viramontes, Associate Engineer

City of Baldwin Park, City Hall
Place of Execution

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

______________________ _____________________________________ Date: Signature: Romany Basilyous, Acting Public Works Director

City of Baldwin Park, City Hall
Place of Execution
City Project No. CIP 22-044
Susan Rubio Zocalo Park and Civic Plaza Project for the City of Baldwin Park was ACCEPTED by the City of Baldwin Park
14403 E. Pacific Avenue, Baldwin Park, CA 91706
September 14, 2024
CIP 22-044 – Susan Rubio Zocalo Park and Civic Plaza
PCN3, Inc.
14403 E. Pacific Avenue, Baldwin Park, CA, 91706
City Council on November 20, 2024.

No. Description Date Submitted Status Assigned for
Review
Response
Date
Working
Days Amount
1 Petromat in existing asphalt pavement 4/10/2023 Approved Miguel Hernandez 4/23/2023 2 23,081.82 $ 2 Remove and haul concrete under existing
AC pavement 2/9/2023 Approved Miguel Hernandez 4/28/2023 2 19,730.09 $ 3 Concrete pavement in place of water
feature 4/11/2023 Approved Miguel Hernandez 5/30/2023 7 29,956.19 $ 4 Change sewer line from 1" to 6" 4/28/2023 Approved Miguel Hernandez 5/30/2023 7 1,537.01 $ 5 Change storm drain pipe slope 4/28/2023 Approved Miguel Hernandez 5/30/2023 7 14,576.41 $ 6 New catch basin for infiltration basin 4/11/2023 Approved Miguel Hernandez 5/30/2023 5 4,659.05 $ 7 Eliminate traffic install from project (Credit)4/11/2023 Approved Miguel Hernandez 5/30/2023 0 (202,000.00)$ 8 Remove and replace PCC pavement 5/16/2023 Approved Miguel Hernandez 8/28/2023 7 42,817.74 $ 9 Install new 8" water service 5/22/2023 Approved Miguel Hernandez 8/28/2023 7 22,213.44 $ 10 Install 2 new grease interceptor 8/1/2023 Approved Miguel Hernandez 8/28/2023 4 55,126.49 $ 11 Remove steel tanks 9/6/2023 Approved Miguel Hernandez 9/19/2023 2 7,103.19 $ 12 Connect existing parkway drain 9/14/2023 Approved Miguel Hernandez 10/8/2023 2 3,233.71 $ 13 Extension of time 6/23/2023 Approved Miguel Hernandez 11/16/2023 42 - $ 14 Palm tree removal / Metal Gate and Canopy12/1/2023 Approved Miguel Hernandez 12/1/2023 0 (679.78) $ 15 SCE connection - change of scope 10/2/2023 Approved Miguel Hernandez 12/6/2023 10 46,962.35 $ 16 Relocation of gas line 6/17/2024 Pending Miguel Hernandez 6/18/2024 0 (27,184.83) $ 17 Utility Crossings - Credit 6/17/2024 Pending Miguel Hernandez 11/7/2024 0 Part of CCO#55 18 R&R 12" steel water main 10/6/2023 Approved Miguel Hernandez 12/14/2023 2 11,074.87 $ 19 Domestic water manifold 10/4/2023 Approved Miguel Hernandez 1/23/2024 2 6,593.29 $ 20 Install T for fire and domestic water 12/7/2023 Approved Miguel Hernandez 1/23/2024 2 5,827.05 $ 21 Storm Drain conflict with canopy foundation12/7/2023 Approved Miguel Hernandez 1/23/2024 10 40,369.59$ 22 Install Spectrum conduit 1/17/2024 Approved Miguel Hernandez 1/23/2024 8 23,518.18 $ 23 Relocate irrigation and electrical at
Restaurant 1/16/2024 Approved Miguel Hernandez 1/24/2024 4 8,359.96 $ 24 Parallam Connection 12/6/2023 Approved Miguel Hernandez 5/20/2024 2 3,446.46 $ 25 Extra rebar 2/7/2024 Approved Miguel Hernandez 5/20/2024 1 573.73 $ 26 Angle installation modification 2/8/2024 Approved Miguel Hernandez 5/20/2024 1 1,166.65 $ 27 Tapping Sleeve 5/22/2023 Approved Miguel Hernandez 7/21/2024 1 3,389.73 $ 28 Demo existing manholes 1/15/2024 Approved Miguel Hernandez 5/20/2024 2 4,303.53 $ 29 Sign Layout / wording 2/8/2024 Approved Miguel Hernandez 5/20/2024 2 8,962.78 $ 30 8-inch curved wall 2/26/2024 Approved Miguel Hernandez 5/20/2024 1 6,393.50 $

CITY OF BALDWIN PARK

SUSAN RUBIO ZOCALO PARK

CONTRACT CHANGE ORDERS
No. Description Date Submitted Status Assigned for
Review
Response
Date
Working
Days Amount
31 Future sculpture foundations 2/8/2024 Approved Miguel Hernandez 5/20/2024 3 14,560.42 $ 32 Traffic rated walkway 2/22/2024 Approved Miguel Hernandez 7/21/2024 3 13,230.03 $ 33 New trash enclosure - CMU only 4/17/2024 Approved Miguel Hernandez 5/20/2024 3 21,778.04 $ 34 Adjust Four Sewer Manholes to Grade 2/1/2024 Approved Miguel Hernandez 5/20/2024 2 7,790.44 $ 35 Relocate Fire Alarm Panel 3/21/2024 Approved Miguel Hernandez 5/20/2024 2 6,942.17 $ 36 Modification of rooftop screen gate 4/2/2024 Approved Miguel Hernandez 5/20/2024 4 6,603.81 $ 37 Remove and relocate three park lights 4/2/2024 Approved Miguel Hernandez 5/20/2024 3 28,850.66 $ 38 Attached antenna to roof 4/16/2024 Approved Miguel Hernandez 5/20/2024 1 2,902.26 $ 39 Difference between cost of concrete PSI4/10/2024 Approved Miguel Hernandez 5/20/2024 0 1,401.84 $ 40 Roof hatch 2/22/2024 Approved Miguel Hernandez 5/20/2024 1 15,363.92 $ 41 R & R curb and gutter on Sterling Way 5/21/2024 Approved Miguel Hernandez 7/21/2024 1 12,870.10 $ 42 Eliminating 35 window sun fins from scope6/12/2024 Approved Miguel Hernandez 7/21/2024 0 (40,174.74)$ 43 Change concrete finish to broom 6/11/2024 Approved Miguel Hernandez 6/14/2024 0 (4,939.14) $ 44 Eliminate 3 awnings 6/11/2021 Approved Miguel Hernandez 8/7/2024 0 (14,634.90) $ 45 Furnish and install sewer clean-out 6/10/2024 Approved Miguel Hernandez 7/21/2024 1 2,770.71 $ 46 Restore sidewalk at alley 6/19/2024 Approved Miguel Hernandez 7/21/2024 1 7,063.00 $ 47 Install Mechanical screen supports 3/2/2024 Approved Miguel Hernandez 7/21/2024 2 4,110.81 $ 48 Terrace Footing 5/10/2024 Approved Miguel Hernandez 7/21/2024 2 7,044.92 $ 49 Increase tile area for Pavilion benches 5/10/2024 Approved Miguel Hernandez 7/28/2024 1 4,788.65 $ 50 Credit for labor for bending panels 6/10/2024 Approved Miguel Hernandez 8/1/2024 0 13,315.32 $ 51 Electrical room modifications 9//6/2024 Approved Miguel Hernandez 9/9/2024 5 14,178.54 $ 52 Polish restrooms floors 9/5/2024 Approved Miguel Hernandez 9/9/2024 1 4,135.95 $ 53 Additional curb per revised plan 9/5/2024 Approved Miguel Hernandez 9/20/2024 1 713.54 $ 54 29 LF Additional hand railing 9/18/2024 Approved Miguel Hernandez 9/23/2024 1 10,605.00 $ 55 Pending Change Orders Various 9/18/2024 Approved Miguel Hernandez 11/7/2024 0 (236,383.55)$ 180 70,000.00$
Bid Amount 11,030,000.00$
Total Change Order Amount 70,000.00$
Total Percent Change 0.63%
TOTAL
CIP 22-044 - Susan Rubio Zocalo Park and Civic Plaza Project (Project Costs) Construction Administration ( LA Canada Design Group) Amount LCDG - Const. Admin (Orignal Contract) 128,285.00 $
LCDG - ASR 3 & 6 (CA Services + Extensions) 120,000.00 $ LCDG - ASR #5 (Redesign Street/Alley Improvements) 40,520.00 $ LCDG ASR #7 (MEP and Signage Consultant Additional Services) 19,500.00$ LCDG ASR #8 (Modifying Street Scope of Work, Maine Ave) 50,630.00 $ Total 358,935.00 $
Construction Management and Inspection (Infrastructure Engineers) Amount IE (CEM Services Original) 230,521.00 $
IE (CEM, Extension 1) 91,010.00 $
IE (CEM, Extension 2) 20,605.00 $
Total 342,136.00 $
Project Costs (Utilities, Demolition, Permits, and Misc Costs - Various Vendors Amount Building Demolition - RAM 29,250.00$
SoCal Gas - Payment #1 87,229.56$
Geotechnical Insp. Wildan 32,280.00$
Willdan, Structural Inspections 22,320.00$
Final Map Coordination RKA 10,660.00$
Fire Department Permit 1,059.00$
Reimbursement Publishing 99.13$
City Notice TPM 336.00$
Dulce M Cruz , Catering 1,084.60$
Calland Services (Tentative Map/Final Map) 13,500.00$
Baldwin Park Unified School District 1,820.00$
Public Notice , Planning Comm. 670.00$
Geotechnologies , update soil report 350.00$
Socal Gas Payment #2 68,678.00$
Title Company - Final Map Fees 8,000.00$
South coast lighting 6,945.75$
Gardens Nursery 19,213.26$
Memorial Granites 2,879.37$
Chicas Graphics 4,454.10$
RKA (title company cost) 5,500.00$
Calland (Additional Services) 6,000.00$
(Additional Costs at Closeout) 67,600.23$
Total 389,929.00 $

STAFF REPORT
ITEM NO. ____10____

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TO: Honorable Mayor and Members of the City Council
FROM: Robert Lopez, Chief of Police
DATE: November 20, 2024
SUBJECT: Second Reading of Ordinance No. 1511 Amending the Baldwin Park Municipal Code Regulating the Use of Wheeled Devices on Public and Private Property , Adding Section 130.80 Titled "Wheeled Devices” to Chapter 130 of Title XIII

SUMMARY
The purpose of this staff report is to waive the second reading and adopt Ordinance No. 1511 to amend the City of Baldwin Park Municipal Code regarding the use of "Wheeled Devices," such as skateboards and bicycles, on public and private property.

RECOMMENDATION
It is recommended that the City Council waive the second reading and adopt Ordinance No. 1511, AMENDING

THE BALDWIN PARK MUNICIPAL CODE TO REGULATE THE USE OF WHEELED DEVICES ON PUBLIC AND PRIVATE PROPERTY , ADDING SECTION 130.80 TITLED "WHEELED DEVICES" TO CHAPTER 130 OF TITLE XIII.

FISCAL IMPACT
There is no fiscal impact related to the adoption of Ordinance No. 1511.

BACKGROUND

1. The City of Baldwin Park has experienced an increase in the unsafe operation of various wheeled devices, including bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on City property. This has raised significant con cerns about public safety and potential liability for the City. Currently, the City lacks a specific ordinance to restrict this activity, which limits the ability to enforce safety measures and post appropriate signage.

Additionally, private businesses wi thin the City have expressed concerns about similar issues on their properties. The proposed Ordinance comprehensively addresses these concerns, providing a legal framework for the City and private property owners to manage wheeled devices effectively. Specifically, the Ordinance grants the City Council authority to prohibit, limit, or restrict wheeled devices on City and private property by resolution and allows the Chief Executive Officer to establish an application process for private property to be designated as a “No Wheeled Device” zone upon request of a property owner.

DISCUSSION
The primary purpose of this Ordinance is to address the growing concern about the unsafe operation of wheeled devices on City property and to mitigate associated liability risks for the City of Baldwin Park. By enacting this Ordinance, the City will have the necessary authority to post restrictive signage and enforce safety measures on City and public property. The Ordinance will also permit property owners to apply for the same restriction on

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wheeled devices upon approval by the City Council. This Ordinance does not set or establish fees for the designation of private property as a “No Wheeled Device” area, such fees must be set by the City Council through a separate resolution.

Key provisions of the ordinance include:

2. Establishes the definition of "Wheeled Devices" to include bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates, as specifically listed in Vehicle Code section 21113.

3. Grants the City Council, authority to prohibit, limit, or restrict wheeled devices on City and private property by resolution.

4. Requires the posting of signage indicating restrictions on wheeled devices.

5. Provides a mechanism for private property owners to apply for similar regulatory powers on their properties.

6. Authorizes the Chief Executive Officer to establish an application process for private property designation and to suspend enforcement of prohibition for special events.

7. Establishes exemptions for wheeled devices used primarily for transporting infants, individuals with disabilities, or merchandise.

8. Specifies that violations will be subject to penalties as per § 130.99 of the Municipal Code.

Implementation will involve assessing priority areas for signage, developing a process for private property owners to apply for regulatory authority, and initiating public education efforts to inform residents and visitors about the new regulations.

ALTERNATIVES
None

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Ordinance No. 1511

ORDINANCE NO. 1511

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, ADDING SECTION 130.80
TITLED “WHEELED DEVICES”, TO CHAPTER 130, TITLE XIII OF

THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT USE OF

WHEELED DEVICES IN CERTAIN DESIGNATED AREAS
WHEREAS, the City of Baldwin Park, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Vehicle Code section 21113 authorizes cities to regulate the use of wheeled devices , including but not limited to bicycles, motorized bicycles, electric bicycles, skateboards, electrically motor ized boards, and roller skates on public property; and
WHEREAS, the City wishes to regulate the use of wheeled devices, to protect the safety and welfare of its residents, and the general public.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Ordinance.

SECTION 2. The City Council hereby adds Section 130.80 titled “Wheeled Devices” to Chapter 130 of Title XIII of the Baldwin Park Municipal Code to read as follows:
§130.80 WHEELED DEVICES
Statutory reference: Cal. Vehicle Code section 21113.
(A) Definitions
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Public Property. Means any property owned or maintained by the city, any public agency within the geographical boundaries of the city, including any public square, street, sidewalk, parking garage, park, or highway.

Private Property. Means any property held by private interests that is used primarily for business, commercial, residential, office space, business park, religious, multifamily, or recreational purposes. This shall also include the parking facilities for these "private property" areas.

Wheeled Devices. Includes bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates, and any other wheeled device specifically listed in Vehicle Code section 21113.

Ordinance No. 1511

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(B) Regulation of Wheeled Devices on Public Property The City Council may by resolution prohibit the use of Wheeled Devices on Public Property when it is determined to be necessary to protect the health, safety, and welfare of pedestrians, motorists or persons operating said Wheeled Devices on said Public Property. The City Council shall designate such area and the times when such activity would be prohibited and order the posting of appropriate signage in accordance with §§ 130.80(D).

(1) The City Council may, by resolution, designate any private property as a "No Wheeled Device Area" upon written application of the owner of the property. The City Council shall designate such area and the times when such activity would be prohibited and order the posting of appropriate signage in accordance with §§ 130.80(D).

(2) The City Council may, by resolution, establish fees for the receipt and processing of applications under this Section. The Chief Executive Officer, or his or her designee, shall have the authority to establish an application process for property owners seeking to designate private property as a “No Wheeled Device Area.”

(D) Signage

(1) Where the posting of a sign designating an area as a "No Wheeled Devices" is required by this Section, the sign shall provide any applicable time restrictions and language that provides substantially as follows:

"The use of bicycles, electric bicycles, skateboards, roller skates, or similar activity is prohibited by Baldwin Park Municipal Code § 130.80. Violators may be subject to fines as provided by law.”

(2) All signs posted pursuant to this Section shall be not less than seventeen by twenty- one (17 × 21) inches in size with lettering not less than one (1) inch in height.

(3) Such prohibition shall apply to the property or area so designated once the property or area has been posted with signs in plain view at all vehicular entrances to the property or area. It shall be the responsibility of the property owner to post all required signs.

(E) Grant of Approval for Use of Wheeled Devices

The Chief Executive Officer, or his or her designee, may temporarily suspend the enforcement provisions of this Section to accommodate special events upon application by the event organizer. In granting such approval, the Chief Executive Officer, or his or her designee, may impose such conditions, restrictions and requirements as deemed necessary or desirable in order to protect the public interest and promote the general welfare. The Chief Executive Officer, or his or her designee, shall have the authority to establish an application process for the temporary suspension of the enforcement provisions of this Section.

Ordinance No. 1511

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(F) Violations:

Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction, which is punishable as provided in § 10.99 of this code.

(G) Exemption:

This Section shall not apply to any of the following:

(1) The use of human or motor-propelled devices by any person who is disabled or handicapped, or whose ability to walk is impaired.

(2) Any device designated, intended and used solely for the transportation of infants.

(3) The transportation of goods or merchandise to and from the place of purchase or storage.

SECTION 3. Environmental Review. The Ordinance is exempt from additional review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures in compliance with authority vested to the City by state law; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will no t result in direct or indirect physical changes in the environment. Accordingly, the Ordinance does not constitute a “project” that requires environmental review (see specifically CEQA Guidelines § 15378(b)(2, 5).

SECTION 4. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 5. Enforceability. Repeal or supersession of any provision of the Baldwin Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed or superseded part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 6. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Baldwin Park Municipal Code or other ordinance by this Ordinance will be rendered void and cause such previous Baldwin Park Municipal Code provision or other city ordinance to remain in full force and effect for all purposes.

SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to thi s end, the provisions of this Ordinance are severable.

SECTION 8. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Baldwin Ordinance No. 1511

Page 4 of 5 ends

Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 9. This Ordinance shall go into effect and be in full force and effect 30 days after its passage.

SECTION 10. The City Clerk shall cause this Ordinance to be published and/or posted in accordance with state law and shall certify the adoption of this Ordinance and shall place this Ordinance in the original book of ordinances on file in the City Clerk’s Office.

I hereby certify that Ordinance No. 1511 was PASSED, APPROVED, AND ADOPTED by the City Council of the City of Baldwin Park on the 20th day of November, 2024.

CITY OF BALDWIN PARK
______________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:
__________________________

CHRISTOPHER SAENZ,

CITY CLERK
APPROVED AS TO FORM:
__________________________

NORMA TABARES

BEST BEST & KRIEGER LLP,

CITY ATTORNEY
[ATTESTATION ON THE NEXT PAGE]
Ordinance No. 1511

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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 Ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on November 6, 2024. Thereafter, said Ordinance No. 1511 was duly approved and adopted at a regular meeting of the City Council on November 20, 2024 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

CHRISTOPHER SAENZ

CITY CLERK

STAFF REPORT
ITEM NO. _____11_____

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TO: Honorable Mayor and Members of the City Council
FROM: Romany Basilyous, Acting Director of Public Works PREPARED BY: David Lopez, Associate Engineer
DATE: November 20, 2024
SUBJECT: Award of a Construction Contract to PCN3, Inc of Los Alamitos, CA for City Project No. CIP 22 -038 City Council Chambers Renovation Improvements.

SUMMARY
This item authorizes the award of a construction contract for City Project No. 22 -038 City Council Chambers Renovation Improvements, in the amount of $4,458,000 to PCN3, Inc. The project proposes construction of major modifications and renovations to the c hamber’s interior design and décor. Proposed improvements include a prominent redesigned entryway to the building consisting of an enclosed vestibule area with glass panels, public informational kiosk, and display monitors. Specific to the Council Chambers , the project will include modernization of the building’s aesthetics with an expanded tall ceiling, wider windows, and decorative wall panels to provide for a contemporary and open feel. Additionally, the chamber will undergo a complete overhaul of the obsolete audio and video sound system with the installation of a new state-of-the-art solution that includes advance security systems. Other enhancements include lighting upgrades, repainting, new carpet flooring, renovation of the City Council dais, and upgrades to the public seating area including ADA compliant ramps and walk paths, new seating furniture and display monitors. Also, the project includes improvements to the chamber’s restrooms, expansion of the existing conference room and installation of a new HVAC system.

RECOMMENDATION
It is recommended that the City Council:

1. Approve and award the construction contract to PCN3, Inc., of Los Alamitos, CA in the amount of $4,458,000;

2. Authorize a 10% construction contingency in an amount not-to-exceed $445,800;

3. Authorize the Acting Director of Public Works to negotiate and execute an agreement with one or more of the City’s on-call consultants for construction management and inspection services in an amount not - to-exceed $292,531.25; and,

4. Authorize a 3.1% project contingency in an amount not-to-exceed $140,000;

5. Authorize the Mayor and City Clerk to execute the contract with PCN3, Inc.; and

6. Authorize the Director of Finance to make the necessary budget adjustments and ARPA funding reallocations.

FISCAL IMPACT
There is no fiscal impact to the City’s General Fund. This project is funded entirely by ARPA Funds. This project is included in the current Fiscal Year’s Capital Improvement Program (CIP) approved by City Council on November 1, 2023. The following tables lists the funds available and the requested appropriation.

Approved Fund
CIP 22-038 City Hall/Council Chamber Improvements-ARPA Fund $2,328,552.00 Total: $2,328,552.00

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Request Funding Reallocation from the CIPs listed below to CIP 22 -038 City Hall/Council Chamber Improvements
CIP 22-028 Public Works Maintenance Yard Upgrades-ARPA Fund $2,119,633.25 CIP 20-82 Replace Roof at Community Center-ARPA Fund $ 888,146.00 Total: $3,007,779.25

Total ARPA Funding: $5,336,331.25

Construction Cost Amount
Construction Contract $4,458,000.00
Construction Contingency (10%) $ 445,800.00
Inspection and Testing (6.6%) $ 292,531.25
Project Contingency (3.1%) $ 140,000.00
Total $5,336,331.25

BACKGROUND
On September 1, 2021, as part of the approval of the FY21 -22 Capital Improvement Project the City Council added a series of projects from the City’s preliminary priority list of American Rescue Plan Act (ARPA) funded projects, including renovation of City Hall’s 3rd floor, Council Chambers and 18 City restrooms. The projects were programmed as one project under CIP 22 -038, collectively referred to as City Hall 3rd Floor and City Council Chambers Improvements.

On October 26, 2021, City Staff published a Request for Proposals (RFP) soliciting proposals for professional architectural and engineering services for the programming, planning and technical design services for the project.

The RFP included a mandatory job walk, which was held on November 4, 2021. A total of fourteen (14) firms were in attendance and all were deemed eligible to submit a proposal and to participa te in the process. A panel comprised of various staff members including building, engineering and maintenance divisions, reviewed the proposals and selected La Cañada Design Group, Inc., as the best qualified firm to provide the services.

On January 19, 2 022, the City Council approved a Professional Services Agreement (PSA) with La Canada Design Group Inc. (LCDG) for architectural and engineering design services in the amount of $482,864. The services included analyzing the existing structures for the design and implementation of improvements, including but not limited to, a complete overhaul of the City Council Chambers audio and visual system (AV), mechanical, electrical, and plumbing (MEP) enhancements, feasibility of structural expansion into existing p atios, and finish material selections for the purpose of developing Construction Documents including Plans, Specifications, and Estimate (PS&E).

On September 4, 2024, City Council accepted plans and specifications and authorized Staff to solicit bids through the publication of a Notice Inviting Bids (NIB).

DISCUSSION
The City Council Chambers Renovation Improvements Project will include a prominent redesigned entryway to the building consisting of an enclosed vestibule area with glass panels, public information kiosk, and display monitors. Specific to the Council Chambers, the project will include modernization of the buildin g’s aesthetics with an expanded tall ceiling, wider windows, and decorative wall panels to provide for a contemporary and open feel. Additionally, the chamber will undergo a complete overhaul of the obsolete audio and video sound system with the installation of a new state-of-the-art solution that includes advanced security systems, lighting upgrades,

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repainting, new carpet flooring, renovation of the City Council dais, and upgrades to the public seating area including ADA compliant ramps and walk paths, new seating furniture and display monitors. Also, the project includes improvements to the chamber’s restrooms, expansion of the existing conference room and installation of new HVAC system.

On October 24, 2024, five (5) bids were received and publicly opened.

The following is a summary of the bids received:

No. Contractor City Bid Amount ($)
1 PCN3, Inc. Los Alamitos 4,458,000.00
2 Tovey Shultz Lake Elsinore 4,610,057.00
3 Far West Contractors Placentia 4,753,012.00
4 Archico Design Santa Ana 4,990,000.00
5 Monet Construction Tujunga 5,615,851.70

The Contract Documents for the Project, at section 3-2 of the Greenbook, provide in pertinent part:

The Contractor shall perform, with its own organization, Contract work amounting to at least 50% of the Contract Price […]

The apparent low bid was $4,458,000.00 base bid, with an alternate of $8,308,000.00 for additional work. The apparent low bid identified $2,375,820.35 in work to be performed by subcontractors, without identifying whether such work was limited to the base bid or included the additional work. The listed amount is 53.29% of the base bid and 28.6% of the alternate bid.

In Valley Crest Landscape, Inc. v. City of Davis (1996) 41 Cal.App.4th 1432, 1435 & 1437-1443 (“Valley Crest”), the Court held that where a specification requires a contractor to self -perform 50% of the work and a bidder identified in its bid 83% of the work that was to be performed by subcontractors, the irregularity rendered the bid non-responsive and the irregularity could not be waived because it provided the low bidder with a competitive advantage because it could withdraw its bid under section 5103 of the Public Contract Code without forfeiting its bid bond. Valley Crest is distinguishable here because in Valley Crest the irregularity was of such significant magnitude (33% of the work) that the Court assumed that the irregularity “makes the bid materially different” (Id. at p. 1442 (emphasis added)), and thus qualified under section 5103 of the Public Contract Code for bid withdrawal without bid forfeiture. By contrast, here the irregularity, if there even is one, is a mere 3.29%. – and in an industry where it is common for contractors to price their bids with reference to overhead and profit of at least 15%, such an error, if it even were one, would not be of sufficient magnitude to permit bid withdrawal without bond forfeiture. In fact, in Diede Construction, Inc. v. Monterey Mechanical Co. (2004) 125 Cal.App.4th 380, 387, the Court observed that a mistake of 2.3% “was probably not material”.

City staff recommends that the City Council waive the irregularity. As explained in Judson Pacific-Murphy Corp. v. Durkee (1956) 144 Cal.App.2d 377, 383 (“Judson”):

It must be remembered that competitive bidding statutes […] are for the benefit of the public and not for the benefit of bidders […]. It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid p roposal […] of the low bidder after the fact, cancel the low bid on minor technicalities, with the hope of securing acceptance of his, a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy.

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Here, the next lowest bidder was courteous enough not to file a Judson–type protest, but the fact remains that the next lowest bidder was $152,057.00 more than the low bid. Like in Judson, City staff suggests that it would likewise “be adverse to the best interests of the public and contrary to public policy” to reject the low bid because it potentially exceeded the specification for subcontractor performed work by 3.29% and $146,820.35, a t the additional cost of $152,057.00 to the public. Also, Staff have checked and verified references for PCN3, Inc. and recommend that the City Council award the construction contract for this project to them.

If approved, Staff anticipates commencing construction activity in early March 2025 and estimate to be completed with improvements in the Winter of 2026.

Due to the nature of the project, the council chambers will not be available during construction for meetings.

Instead, the Baldwin Park Arts and Recreation Center (ARC) will be retrofitted to hold all City meetings. So, by authorizing the project contingency ($140 K), staff will work on retrofitting the ARC Building to be suitable for the council meetings ahead of the construction of the project.

ALTERNATIVES
The City Council may choose:

1. Not to award the construction contract at this time. This action is not recommended as it may result in unprecedented delays with the current construction schedule; or,

2. Provide Staff with alternative direction

CEQA REVIEW
The subject project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, existing facilities) Subsection (C) exemption, which includes the subject project. The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Contract Agreement with PCN3, Inc.

CONTRACT DOCUMENTS CONTRACT SERVICE AGREEMENT FOR City Project No. CIP 22-038 – City Council Chambers Renovation Improvements Project THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 20th day of November, 2024 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and PCN3, Inc. (herein "Contractor"). The parties hereto agree as follows: REC I T A L S A. City requires all improvements, including the construction of structural and non-structural improvements of the City Council Chambers building including improvements to the public accessible restrooms located on the ground level of the City Hall building. The project proposes construction of major modifications and renovations to the chamber’s interior design and décor. Proposed improvements include a prominent redesigned entry way to the building consisting of an enclosed vestibule area with glass panels, public informational kiosk, and display monitors. Specific to the Council Chambers, the project will include modernization of the building’s aesthetics with an expanded tall ceiling, wider windows, and decorative wall panels. Additionally, the project will complete an overhaul of the audio and video system including advance security system. Other enhancements include lighting upgrades, repainting, new carpet flooring, renovation of the City Council dais, and upgrades to the public seating area including ADA compliant ramps and walk paths, new seating furniture and display monitors. Also, the project includes improvements to the chamber’s restrooms, expansion of the existing conference room and installation of a new HVAC system. B. City desires to have Contractor perform said services on the terms and conditions set forth herein. NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services – In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Special and Technical Provisions, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. 1.2 Documents Included in Contract – This contract consists of the Notice Inviting Bids and Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder’s Guarantee), Designation of Sub-contractors, Statement of Non-collusion by Contractor, Certification of Principal, Supplemental Information, Specifications, Plans, this Contract Services Agreement, Faithful Performance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers’ Compensation Certification, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern.

1.3 Compliance with Law – All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees, and Assessments – Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all sub-contractors' compliance with this Section. 1.5 Familiarity with Work – By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work – The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties – Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all sub- contractors to comply with the provisions of this agreement. 1.8 Additional Services – City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements – Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit “A

through D” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “A through D” and any other provisions of this Agreement, the provisions of Exhibit “A through D” shall govern. 1.10 Prevailing Wages Laws – In accordance with Labor Code Section 1770 et seq., the director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the office of the City Clerk and is hereby incorporated in this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices. For Federal Prevailing Wages see Exhibit “D”. 2. COMPENSATION 2.1 Contract Sum – For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Four Million Four Hundred Fifty-eight Thousand Dollar ($4,458,000) (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Progress Payments - Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence – Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance – Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", if any, and incorporated herein by this reference. When requested by the Contractor, the Contract Officer may approve extensions to the time period(s) specified in the Schedule of Performance in writing. 3.3 Force Majeure – The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight

embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement Term – Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. 4. COORDINATION OF WORK 4.1 Representative of Contractor – The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Brian Abghari 11082 Winners Circle, Unit B Los Alamitos, CA, 90720 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer – The Contract Officer shall be such person as may be designated by the City Manager or City Engineer. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Assignment – The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 4.4 Independent Contractor – Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub-contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, sub- contractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such

obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its sub-contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor. 4.5 Identity of Persons Performing Work – Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 Utility Relocation – City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4.7 Trenches or Excavations – Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement. c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance – The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:

Coverage (Check if applicable) Minimum Limits
(X) Comprehensive General Liability Insurance (including premises and operations) $2,000,000 per occurrence combined single limit ( ) Contractual Liability Insurance Products Liability Insurance $1,000,000 limit (X) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired automobile hazard $,1000,000 per occurrence combined single limit ( ) Professional Liability Insurance (providing for a one year discovery period) $1,000,000 limit (X) Workers' Compensation/Employers' Liability Insurance Statutory $1,000,000 per occurrence CONDITIONS: In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of “A” minus or better. This insurance shall not be canceled, limited in scope or coverage or non-renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, California 91706. Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy. The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds. Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements, is indeed authorized to do so by the insurance company. If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting

from Contractor's or its sub-contractor's performance of the work covered under this agreement. Each contract between the Contractor and any sub-contractor shall require the sub- contractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification – Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub-contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith: a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor’s (or its agents’, employees’, sub-contractors’, or invitees’) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City. d) Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time. The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub-

contractors. 5.3 Labor and Materials, Performance and Warranty Bonds – Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond, a performance bond and a warranty bond, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety – Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. 5.5 Substitution of Securities – Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder. 6. RECORDS AND REPORTS 6.1 Reports – Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records – Contractor shall keep, and require sub-contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents – All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon

request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 7. ENFORCEMENT OF AGREEMENT 7.1 California Law – This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes – In the event either party fails to perform its obligations hereunder, the non- defaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the non-defaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the non-defaulting party shall have the right, in addition to any other rights the non-defaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 7.3 Retention of Funds – Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder. 7.4 Waiver – No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative – Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not

preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action – In addition to any other rights or remedies, either party may take legal action, law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages – Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in subsection 6-9 of the Standard Specifications and the provisions of the Contract Specifications. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the scope of services. The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination for Default of Contractor – If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees – If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION 8.1 Non-liability of City Officers and Employees – No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest – The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination – Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

9. MISCELLANEOUS PROVISIONS 9.1 Notice - Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows: To City: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: Public Works Department To Contractor: Brian Abghari 11082 Winners Circle, Unit B Los Alamitos, CA, 90720 9.2 Interpretation – The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment – It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability – In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Hiring of Illegal Aliens Prohibited – Contractor shall not hire or employ any person to perform work within the City of Baldwin Park or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 9.6 Unfair Business Practices Claims – In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or sub-contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.) 9.7 Corporate Authority – The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to

execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 9.8 Legal Responsibilities – The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor’s failure to comply with this section. 9.9 Termination for Convenience – The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation: 1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor. 2. Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off. 3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments. 4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement. The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents, which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CONTRACTOR:

By: By:
(Print Name) (Print Name)
Signature: Signature:

Title: Title:

Address: Address:

CITY OF BALDWIN PARK, a municipal corporation
ATTEST:

Christopher Saenz, City Clerk
By:

Emmanuel J. Estrada, MAYOR
By:

Norma Tabares, City Attorney
APPROVED AS TO FORM:

PNC3, Inc.

STAFF REPORT
ITEM NO. _____12_____

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Baldwin Park City CouncilNovember 20, 2024

Baldwin Park City Council
November 20, 2024