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to continue to use the potentially infringing portion of the Service, (y) modify the Service to avoid the potential infringement, or (z) if the foregoing cannot be achieved after using reasonable commercial efforts, terminate the Agreement or the license to the infringing portion of the Service and refund the amount of any pre-paid fees applicable to the portion of the terminated Services to be provided after the termination date. 9.2. Indemnification by Customer. To the extent permitted by applicable law, Customer shall at its expense defend Peregrine and its officers, directors, officials, agents, volunteers and employees (“Peregrine Indemnified Parties”) against any claim made or brought against any Peregrine Indemnified Party by a third party based on: (a) Customer’s or any User’s negligence, gross negligence, fraud, or willful misconduct; (b) Customer’s or any User’s use of the Service in a manner not authorized by this Agreement; or (c) Customer Data or Peregrine’s authorized use of such Customer Data (each, a “Peregrine Claim”), and shall indemnify and hold Peregrine Indemnified Parties harmless from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, awarded by a court or agreed to by Customer in a settlement with respect to such Peregrine Claim; provided, that Peregrine (i) promptly gives written notice of the Peregrine Claim to Customer; (ii) gives Customer sole control of the defense and settlement of the Peregrine Claim (provided that Customer may not agree to any settlement that imposes any liability or obligation on Peregrine without Peregrine’s prior written consent, such consent not to be unreasonably withheld, conditioned, or delayed); and (iii) provides to Customer, at Customer’s cost, all reasonable assistance in the defense and settlement of the Peregrine Claim. 9.3. Sole Remedy. THIS SECTION 9 SETS FORTH CUSTOMER’S SOLE REMEDIES AND PEREGRINE’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS BY THIRD PARTIES RELATING TO THE SERVICE OR ITS USE. 10. Limitation of Liability. 10.1. Exclusion of Consequential and Related Damages. EXCEPT FOR A PARTY’S BREACH OF SECTION 7, A PARTY’S INDEMNIFICATION AND DEFENSE OBLIGATIONS, OR A PARTY’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 10.2. Liability Cap. IN NO EVENT SHALL PEREGRINE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID TO PEREGRINE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. 11. Term & Termination. 11.1. Term of Agreement. This Agreement commences on the Effective Date and continues for the duration of the term set forth on the Order Form (“Term”), unless earlier terminated in accordance with the Order Form or Section 11.2 11.2. Termination for Cause. A party may terminate this Agreement for cause upon thirty (30) days written notice of a material breach to the other party if such breach remains uncured at the expiration of such period. Termination shall not relieve Customer of the obligation to pay any fees accrued or payable to Peregrine prior to the effective date of termination. 11.3. Data. Upon expiration or termination of this Agreement, Peregrine shall have no obligation to maintain or provide any Customer Data or Third Party Data. Unless legally prohibited, Peregrine shall delete all Customer Data in its systems or otherwise in its possession or under its control. Notwithstanding the foregoing or any other provision of this Agreement, Peregrine may use in perpetuity any Aggregated Data. 11.4. Survival. The following provisions shall survive termination or expiration of this Agreement: Sections 4, 5, 6.1, 6.3, 7, 8, 9, 10, 11.3, 11.4, and 12. 12. General Provisions.
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12.1. Insurance. Peregrine shall maintain the insurance coverages described on Appendix A: Insurance. 12.2. Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this Agreement. At all times during the term of this Agreement, Peregrine shall be an independent contractor and shall not be an employee of Customer. Except as Customer may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Customer in any capacity whatsoever as an agent. Peregrine shall have no authority, express or implied, pursuant to this Agreement to bind Customer to any obligation whatsoever. 12.3. Peregrine’s Books and Records. To the extent required by applicable laws, rules, or regulations, Peregrine shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Customer under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to Peregrine to this Agreement. All such records shall be maintained in accordance with generally accepted standards and shall be made available for inspection, audit, and/or copying during regular business hours, upon written request of the Customer. 12.4. Force Majeure. Neither party shall be liable by reason of any failure or delay in performance of its obligations under this Agreement (except for the payment of money) on account of events beyond the reasonable control of such party, which may include Internet denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, and material shortages (each, a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the non-performing party will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues and such party continues to use commercially reasonable efforts to resume performance. 12.5. Federal Government. Any use, copy or disclosure of the Service by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided by DFARS 227.7202-1(a) and 227.7202-3(a)(1995), DFARS 252.227-7013(c)(1)(ii)(October 1998), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227(ALT III), as applicable. 12.6. Additional Government Terms. Peregrine acknowledges that Customer may be a public entity and, accordingly, certain additional laws, rules, and regulations may take precedence over the terms and conditions of this Agreement (the “Additional Government Terms”). The Additional Government Terms, if any, are attached hereto as Appendix B: Provisions for California Public Entities, and will govern to the extent of any conflict with any other term of this Agreement. 12.7. Notices. All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (a) personal delivery; (b) the second business day after mailing; (c) the second business day after sending by confirmed facsimile; or (d) after confirmed receipt of an email. Notices to Peregrine shall be addressed to the attention of Nick Noone, CEO, Peregrine Technologies, [email protected], with a copy to [email protected]. Notices to Customer are to be addressed to the individual identified in the Order Form. 12.8. Waiver; Cumulative Remedies Severability. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. 12.9. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior express written consent of the other party. Notwithstanding the foregoing, Peregrine may assign this Agreement, together with all rights and obligations hereunder, without consent of Customer, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets that relate to this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
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12.10. Governing Law. This Agreement shall be governed by the laws of California. The state courts located in Los Angeles County, CA or the United States District Court for the Central District of California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts provided that nothing in this Section 12.10 prohibits either party from seeking or obtaining in any jurisdiction injunctive or similar relief in connection with the enforcement of this Agreement. 12.11. Construction. The division of this Agreement into Sections and the insertion of captions and headings are for convenience of reference only and will not affect the construction or interpretation of this Agreement. The terms “this Agreement,” “hereof,” “hereunder” and any similar expressions refer to this Agreement and not to any particular Section or other portion hereof. The parties hereto agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this Agreement. As used in this Agreement, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation” and “discretion” means sole discretion 12.12. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation (excluding the Order Form) shall be incorporated into or form any part of this Agreement, and all such terms or conditions are hereby rejected and shall be null and void.
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Appendix A: Insurance Peregrine, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of the Agreement. The cost of such insurance shall be included in the Peregrine’s bid or proposal. Peregrine shall be fully responsible for the acts and omissions of its subcontractors or other agents. Workers’ Compensation. Peregrine shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Peregrine in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the Customer upon written verification that Peregrine is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement. Commercial General and Automobile Liability Insurance General requirements. Peregrine, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Peregrine has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis. b. Customer, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Peregrine, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Peregrine. Coverage can be provided in the form of an endorsement to the Peregrine’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01. c. For any claims related to this Agreement or the work hereunder, the Peregrine’s insurance covered shall be primary insurance as respects the Customer, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Customer, its officers, officials, employees, agents or volunteers shall be excess of the Peregrine’s insurance and non-contributing. d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately. e. Peregrine agrees to give at least 30 days prior written notice to Customer before coverage is canceled or modified as to scope or amount. Professional Liability Insurance. General requirements. Peregrine, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Peregrine’s errors and omissions. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
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b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Peregrine must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the Customer for review prior to the commencement of any work under this Agreement. All Policies Requirements. Submittal Requirements. Peregrine shall submit the following to Customer prior to beginning services: Certificate of Liability Insurance in the amounts specified in this Agreement; and Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices. Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII. Deductibles and Self-Insured Retentions. Insurance obtained by the Peregrine shall have a self-insured retention or deductible of no more than $100,000. Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). Waiver of Subrogation. Peregrine hereby agrees to waive subrogation which any insurer or contractor may require from Peregrine by virtue of the payment of any loss. Peregrine agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the Customer has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Customer for all work performed by the Peregrine, its employees, agents, and subcontractors. Subcontractors. Peregrine shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Peregrine shall ensure that Customer, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages. Excess Insurance. If Peregrine maintains higher insurance limits than the minimums specified herein, Customer shall be entitled to coverage for the higher limits maintained by the Peregrine. Remedies. In addition to any other remedies Customer may have if Peregrine fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Customer may, at its sole option, order Peregrine to stop work under this Agreement and withhold any payment that becomes due to Peregrine hereunder until Peregrine demonstrates compliance with the requirements hereof, or terminate this Agreement.
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Appendix B: Provisions for California Public Entities Compliance with Applicable California Laws. Peregrine shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations. California Public Records Act. Peregrine acknowledges that Customer is a public entity governed by the California Public Records Act and that nothing in this Agreement shall prevent Customer from disclosing Confidential Information for purposes of complying with the California Public Records Act. PERS Indemnification by Peregrine. In the event that Peregrine or any employee, agent, or subcontractor of Peregrine providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of Customer, at Peregrine shall indemnify, defend, and hold harmless Customer for the payment of any employee and/or employer contributions for PERS benefits on behalf of Peregrine or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Customer. Political Reform Act Conflicts. Peregrine may serve other clients, but none whose activities within the corporate limits of Customer or whose business, regardless of location, would place Peregrine in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. No officer or employee of Customer shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. California State Auditor Requirements. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.
ITEM NO: 9.
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr, Chief Executive Officer
PREPARED BY: Maria Moreno, Director of Recreation and Community Services
DATE: October 15, 2025
SUBJECT: Approval of a Professional Service Agreement for Communications and Social Media Services with Tripepi
Smith & Associates, Inc.
SUMMARY:
The purpose of this staff report is for the City Council to consider approval of a Professional Service Agreement (PSA) for Communications and Social Media Services with Tripepi Smith & Associates, Inc.
RECOMMENDED ACTION:
It is recommended that the City Council;
1. Approve Professional Service Agreement for Communications and Social Media Services with Tripepi Smith & Associates, Inc.; and
2. Authorize the Mayor to Execute the Agreement; and
3. Authorize the Director of Recreation & Community Services to execute any associated documents needed for the Agreement; and
4. Authorize the Director of Finance to make the appropriation and necessary budget adjustments.
FISCAL IMPACT:
There is no fiscal impact to the General Fund. The adopted Budget for FY25-26 has an appropriation of $39,000 in account 230-10-110-51100-11402. The negotiated agreement is determined by an hourly rate and per project.
There is no monthly retainer at this time. The total annual cost for this agreement is not to exceed $39,000. The 2nd year’s cost will be included during the FY2026-27 budget process.
Description Total
Fiscal Year 2025-2026 (1st Year) $39,000
Fiscal Year 2026-2027 (2nd Year) $39,000
Total $78,000
BACKGROUND:
At the July 7, 2021 City Council Meeting, staff presented the list of firms responding to the Request for Proposals (RFP) for communications services. Following discussion at a subsequent meeting, the City Council, by consensus, directed staff to negotiate an agreement with Tripepi Smith & Associates, Inc., which was later approved for a one-year renewal through November 2, 2023.Tripepi Smith & Associates, Inc. is a full-service communications firm providing expertise in public affairs, marketing, technology, and creative services, including web, social media, photography, video, and design. Their team’s flexibility allows the City to deploy the right resources based on service needs. The firm currently supports numerous cities and public agencies across
California, enhancing municipal communication operations.
The City also received notable coverage in blogs, TV, and radio outlets: Baldwin Park News Online, KABC, KTLA and KFI. The firm is responsive and meets City’s deadlines. Given these measurable results and consistent media growth, staff recommends continued partnership with Tripepi Smith & Associates, Inc.
The Agreement reflects updated fees in line with the current contract, which terminates on November 2, 2025. The City has negotiated a flexible scope of work, allowing selection of services as needed. The consultant will provide services necessary for project completion, including strategic planning, social media management, press releases, web hosting and support, contract generation, graphic and video production, and other marketing or public affairs tasks assigned by the City. Over the past two years the City has maintained annual agreements, with hourly rates increasing each year along with the Consumer Price Index (CPI). The proposed two-year Agreement preserves the current hourly rates, with an annual CPI adjustment of 5% or the national BLS Consumer Price Index, whichever is higher, resulting in cost savings for the City. The Agreement also includes a ten-day termination clause, allowing either party to end the contract at any time without cause.
DISCUSSION:
None
ALTERNATIVES:
City Council may choose not to approve the Professional Service Agreement.
CEQA REVIEW:
None
LEGAL REVIEW:
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS:
1. Baldwin Park 2025-27 Renewal
2. Professional Services Agreement Tripepi Smith.10.17.2025
Single Source Communications
Tripepi Smith & Associates
23 As-Needed Services
Tripepi Smith will apply the following standard hourly rates and related fees for any authorized as- needed (Time & Materials) work. Such work must be clearly authorized in writing before proceeding. 2025-26 Hourly Rates
Standard Reduced Retainer
Principal $380 $315
Director $265 $225
Art/Creative Director $265 $225
Senior Business Analyst $205 $180
Business Analyst $150 $125
Junior Business Analyst $115 $100
Senior Videographer/Animator $205 $175
Senior Photographer $175 $150
Videographer/Photographer $140 $120
Junior Videographer/Photographer $115 $100
Senior Graphic Designer $195 $165
Graphic Designer $140 $120
Junior Graphic Designer $115 $100
Web Developer $210 $185
Junior Web Developer $115 $100
Drone Operator $205 $180
Council Chamber A/V Operator $115 $100
Invoicing & Payment Terms
At Tripepi Smith, we bill on either a Retainer, Fixed Fee or Time & Materials basis, with each billing type following its own payment schedule. Regardless, terms are Net 30 days. • Fixed Fee work is billed upon defined milestones.
• Time & Materials work is billed in 15-minute increments (i.e. 4.0, 1.25, 6.5 or 0.75 hours) at the end of the month in which work is done.
• Retainer work is billed on the 15th of each month.
Single Source Communications
Tripepi Smith & Associates
24 Other Cost Information
Tripepi Smith has related service fees that may come up during our engagement that we want to tell you about.
Annual Increase
Tripepi Smith will increase the hourly rates and retainer fees for all resources by 5% or the national CPI index–whichever is higher–each year on the anniversary of the contract, starting on the first anniversary of any contract when the contract duration is longer than one year. Otherwise, new rates will be negotiated with each new contract.
Retainer Discount
When a client’s retainer exceeds $7,500 per month, they gain access to our reduced retainer rates.
Travel Costs
Travel costs must be pre-authorized and then will be reimbursed by the client for any requested travel to complete a requested scope of work. Travel costs may include airfare, lodging, car rentals and gas.
Additionally, when client work requires that we be onsite, we will invoice for a resource’s travel time at 50% of the resource’s hourly rate.
Equipment Costs
Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply:
Half Day (Under 4 Hours) Full Day (4+ Hours)
Video $450 $650
Drone $550 – Flat Fee
Please note that A/V equipment fees are based on the amount and type of equipment required, with pricing tailored to the specifics of each event.
Music and Video Licensing
Sometimes, the client will want Tripepi Smith to apply music or use stock imagery/video while producing video. In these cases, we will need to apply licensing fees of approximately $100 per song and $200 if we use stock video imagery. This will provide a license for the use of the music and video footage to Tripepi Smith and its clients.
Meltwater Fee
Tripepi Smith offers a standard Meltwater package at a flat rate of $545 per month. This package includes a newsletter digest (of any frequency), up to five queries, and a monthly dashboard. Custom Meltwater solutions are also available upon request.
Single Source Communications
Tripepi Smith & Associates
25 Website Hosting Fees
If website hosting services are required, Tripepi Smith will charge a $620 website hosting fee and a $30 Domain Registration and DNS service fee, unless otherwise specified in this proposal. Fees will be billed upon commencement of hosting services, and annually thereafter.
Service Fees
Tripepi Smith prefers that clients pay service providers directly to avoid unnecessary administrative costs. You should also know, however, that we have no economic interest in service providers, unless otherwise specified in this proposal.
If a client asks Tripepi Smith to pay for a service provider bill, we will apply a 10% agency fee to the reimbursement expense. Typical service fees include, but are not limited to: print, mailing, digital advertising, media placements, voiceovers, translations and closed captions.
Partner Access
Tripepi Smith has access to entities that may be relevant to our engagement. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing.
Local Information Network of Knowledge (LINK): www.LocalInfoNetwork.com – A community forum for local government professionals in California to discover and share resources, policies, sample work products, best practices and more.
PublicCEO: www.PublicCEO.com – Digital news about public affairs, reaching over 17,500 California government executives through a daily podcast, job board, video podcast and more.
Civic Business Journal: www.CivicBusinessJournal.com – Digital interest stories on the people, companies and solutions that make local government in California more effective.
FlashVote: www.FlashVote.com – Statistically valid surveying that helps leaders make decisions. • Disclaimer: Tripepi Smith President Ryder Todd Smith is an investor in FlashVote.
Tripepi Smith Talent Solutions: www.TSTalentSolutions.com – A multifaceted recruitment consultancy service, combining local government access with communications to advance talent quests and build culture warriors.
Meltwater: www.TripepiSmith.com/Media -Intelligence – An enterprise-class, comprehensive media monitoring solution that is best combined with Tripepi Smith’s analytics team.
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CITY OF BALDWIN PARK
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 3rd day of November 2025, by and between the City of Baldwin Park, a California municipal corporation, organized under the laws of the State of California, with its principal place of business at 14403 E. Pacific Avenue California 91706 ("City") and TRIPEPI SMITH AND ASSOCIATES, INC., a Marketing, Technology and Public Affairs; S CORPORATION (California), with its principal place of business at PO Box 52152, Irvine, CA 92649 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibili ty for the provision of certain Communications services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional communications and social media consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such communications and social media consulting services for the communications and social media consulting project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional communications and social media consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the ex hibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from November 3, 202 5, to November 2, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The
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Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not b e employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant sha ll be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely ma nner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who f ail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, sha ll be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Ryder Todd Smith, Co-Founder & President.
3.2.5 City's Representative . The City hereby designates Manuel Carillo Jr., Director of Recreation and Community Services, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consult ant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative . Consultant hereby designates Peter
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Johnson, Senior Analyst, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all po rtions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represent s and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a t hreat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Con sultant and shall not be re -employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibit “A” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations ; Employee/Labor Certification . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
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3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control A ct of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants . To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility: Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable eq uipment", which
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definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined spac e procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance.
3.2.11.1 Time for Compliance . Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.2.11.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, suppl ement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office " occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) li miting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4 ) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
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(C) Workers' Compensation: Workers ' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
Insurance Endorsements . Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(E) Commercial General Liability (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of th is Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (F) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(G) Professional Liability (Errors & Omissions): 1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (H) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
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3.2.11.3 Primary and Non -Contributing Insurance . All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.11.4 Waiver of Subrogation . All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.5 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the p olicy or policies not contained a deductible or self -insured retention.
3.2.11.6 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage ha s been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.11.7 Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.11.8 Enforcement of Agreement Provisions (non estoppel) .
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.11.9 Requirements Not Limiting . Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
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3.2.11.10 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.11.11 Insurance for Subconsultants . Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropria te insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All polici es of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endor sement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.2.12 Water Quality Management and Compliance.
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3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, w ithout limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.
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3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Thirty-nine thousand and zero cents ($39,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the C ity shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "A" of this Agreement.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “A” may be adjusted each year at the time of renewal as set forth in Exhibit “A.” Consultant will increase its hourly rates by five percent (5%) or the national BLS Consumer Price Index – whichever is higher each year on the anniversary of the Agreement, starting on the first anniversary of the Agreement. City will not be subject to negotiating new rates each year of this agreement.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant s hall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of busine ss and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code
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within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project ma y also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any sub consultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liab ility arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to t he Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consulta nt may not terminate this Agreement except for cause.
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3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Tripepi Smith and Associates, Inc.
PO Box 52152
Irvine, CA 92619
ATTN: Ryder Todd Smith
Co-Founder & President
City: City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
ATTN: Manuel Carrillo Jr.
Chief Executive Officer
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate not ice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are pre pared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail t o provide to City any such documents pending resolution of
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the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication cos ts. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a pro ject other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & D ata, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be di sclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed c onfidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consul tant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's o bligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.8 Governing Law; Government Code Claim Compliance . This Agreement
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shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code cl aims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.10 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.11 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.6.12 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third -Party Beneficiaries . There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
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shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, sha ll have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF BALDWIN PARK AND TRIPEPI
SMITH
CITY OF BALDWIN PARK TRIPEPI SMITH AND ASSOCIATES, INC.
By: ____________________________ By: ______________________________ Alejandra Avila Ryder Todd Smith
Mayor Co-Founder and President
Attest:
Christopher Saenz, City Clerk
Approved as to Form:
______________________________
Christian L. Bettenhousen
Jones Mayer Law
City Attorney
(BB&K Aug 2018)
65318.00352\32296842.2
Exhibit “A”-1
EXHIBIT "A"
SCOPE OF SERVICES
See Attached RFS
65318.00352\32296842.2 Exhibit “B”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
See Attached RFS
65318.00352\32296842.2 Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
See Attached RFS
ITEM NO: 10.
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr, Chief Executive Officer
PREPARED BY: Karina Rueda, Human Resources/Risk Manager DATE: October 15, 2025
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.
RECOMMENDED ACTION:
It is recommended that the City Council reject the following claim and direct staff to send the appropriate notice of rejection to claimant:
• Anibel Diaz Betanco The claimant alleges property damage.
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.
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.
DISCUSSION:
None.
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.
CEQA REVIEW:
None
LEGAL REVIEW:
This report does not require legal review.
ATTACHMENTS:
None
ITEM NO: 11.
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr, Chief Executive Officer
PREPARED BY: Karina Rueda, Human Resources/Risk Manager DATE: October 15, 2025
SUBJECT: Reorganization of the Human Resources Division
SUMMARY:
This report requests City Council approval of the reorganization of the Human Resources Division.
RECOMMENDED ACTION:
It is recommended that the City Council
1. Approve the revisions to the reorganization of the Human Resources Division by converting the Human Resources Technician position to a Human Resources Analyst II position; and
2. Authorize the Finance Director to complete the budget amendments and appropriations and make necessary adjustments.
FISCAL IMPACT:
The proposed reorganization of the Human Resources Division will have a cost of approximately $11,113.81 for six months (from January to June) for FY 2025-2026, due to the conversion of the Human Resources Technician position to a Human Resources Analyst II position. Additionally, the Human Resources Analyst II position will receive forty (40) hours of Administrative Leave, however, because it is an exempt position, there will be no overtime costs associated.
BACKGROUND:
The Human Resources Division is comprised of the Human Resources/Risk Manager, (1) Human Resources Analyst II, (2) Human Resources Technicians, and (1) Administrative Clerk II (Part-Time) position. The current structure has created challenges from the standpoint of efficiently distributing the workload across the division, defining responsibilities, and identifying the capacity of support staff to take on assignments and prioritizing existing work efforts.
To address these inefficiencies, the Human Resources Division is proposing an organization structure change that will include changes to existing positions. The intent of this reorganization is to improve organizational (internal) satisfaction with Human Resources services. The proposed changes are to convert the Human Resources Technician position to a Human Resources Analyst II position, to assist with the unbalanced workload of the Human Resources/Risk Manager. The change will allow for some of the tasks that are currently handled by the Human Resources/Risk Manager to be transferred over to the Human Resources Analyst II due to the higher level classification.
The Human Resources Technician position will focus on Recruitment, On-boarding, Off-boarding, and Personnel Action Processing. (1) Human Resources Analyst II will serve as the Benefits Administrator which includes
payroll processing, and the new position of Human Resources Analyst II will assume the duties and responsibilities of the Risk Management functions. The Administrative Clerk II (Part-Time), will continue to provide general clerical support.
DISCUSSION:
None
ALTERNATIVES:
Maintain the existing Human Resources Division structure with no changes to the existing positions.
CEQA REVIEW:
None
LEGAL REVIEW:
This report does not require legal review.
ATTACHMENTS:
1. Proposed Human Resources Division Organizational Chart
City of Baldwin ParkHuman Resources & Risk Management DivisionProposed Organization Chart Human Resources Analyst II Human Resources & Risk ManagerHuman Resources TechnicianAdministrative Clerk II Human Resources Analyst II (NEW) Vision/Mission/Values/GoalsStrategic Business PartnerDepartmental Budget AdministrationExecutive/Management Level RecruitmentsLabor Relations/Negotiations/MOU’s MOU InterpretationStaff ReportsPolicies & ProceduresEmployee Relations/Grievances/ComplaintsClassification/Compensation Job Descriptions/Salary ScheduleCity-wide Staffing/ReorganizationsCity-wide Training & DevelopmentPublic Records Act RequestsConflict Resolution/Mediation in the WorkplaceRisk Management General & Property LiabilityLeave AdministrationReturn to Work ProgramReasonable AccommodationWellness ProgramInvoicing/Legal BillsSafety Program/InspectionsAccident InvestigationsRegulatory Compliance (OSHA)Workers’ Comp ProgramReasonable SuspicionRandom Drug Testing ProgramDMV Pull Notice ProgramEmergency ManagementInvestigationsClaims forDamages/SubrogationBenefits AdministrationOpen EnrollmentCalPERS LiaisonExcess Vacation & SL Payouts Comp Time & Holiday PayoutsSeparation PayoutsRetirees BenefitsAuditing/ResearchACA ReportingVerification of EmploymentNew Employee Set-Up forPayroll/Enrollments/ChangesMOU Benefits ImplementationWage GarnishmentsCalculate and Update City Wide Salary Schedule and Update Payroll SystemCalculate BenefitContribution/Premiums andUpdate Payroll SystemRecruitments City WideScreening CandidatesTesting/Interview PanelsBackground ChecksJob OffersFront Counter & PhonesEmployee RequestsOn-BoardingOff-BoardingOrientationsNew Employee Set-Up for Payroll/EnrollmentsPersonnel Action ProcessingPerformance EvaluationTrackingPart-Time Employee Hours TrackingFront Counter & PhonesFiling/ RecordsManagementGeneral Clerical Support to all HR StaffEmployee EngagementInvoice Processing
ITEM NO: 12.
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr, Chief Executive Officer
Okina Dor, Director of Community Development
PREPARED BY: Nick Baldwin, City Planner
DATE: October 15, 2025
SUBJECT: Adoption of an Ordinance to Incorporate Los Angeles County's Emblem Program Into Chapter 128 And Amend
Chapter 127 and 128 to Incorporate by Reference The
County’s Title 11, Health Code, and Portions of Title 8, Consumer Protections Code, to Allow For The County to
Perform Cannabis Inspections and Enforcement Actions
Within The City
SUMMARY:
City Staff is requesting that the City Council consider a Code Amendment to incorporate Los Angeles County’s Emblem program into Chapter 128 and amend Chapter 127 and 128 to incorporate by reference the County’s Title 11, Health Code, and portions of Title 8, Consumer Protections Code, which will enable the County to continue to perform cannabis inspections and enforcement actions within the City.
RECOMMENDED ACTION:
It is recommended that the City Council:
1. Conduct a Public Hearing; and
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 ordinance is categorically exempt from CEQA under Guidelines Section 15061(b)(3) (Common Sense Exception) since it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.; and
3. Introduce by first reading, by title only and waive further reading Ordinance 1520, entitled, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA
AMENDING THE BALDWIN PARK MUNICIPAL CODE, TITLE VI, BUSINESS REGULATIONS, CHAPTER 127 AND CHAPTER 128, ADDING SECTIONS 127.21 AND 128.31 INCORPORATING BY REFERENCE LOS ANGELES COUNTY’S TITLE 11, HEALTH CODE, AND PORTIONS OF TITLE 8, CONSUMER PROTECTIONS CODE, TO ALLOW FOR THE COUNTY TO PERFORM
INSPECTIONS AND ENFORCEMENT OF COMMERCIAL CANNABIS BUSINESSES WITHIN THE CITY, AND ADDING SECTION 128.32 TO INCORPORATE THE LOS ANGELES COUNTY’S EMBLEM PROGRAM.”
FISCAL IMPACT:
There would be no adverse fiscal impact to the City’s General Fund as a result of the City initiated code amendment.
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 created a regulatory and public permitting framework for health and safety inspections of licensed cannabis facilities engaged in commercial cannabis activities. In November 2021, the City entered into an agreement with Los Angeles County for the County to perform the health and safety inspections and enforcement actions for licensed commercial cannabis facilities in the City.
Since the contract with the County was approved in 2021, the County Public Health Department has been providing permitting and licensing for cannabis business in the City. On November 20, 2024, the City Council approved a renewal of the contract with LA County Department to continue providing these services (see Attachment 1 of enclosed Staff Report to City Council Dated November 20, 2024).
At the time of contract renewal, the City Council directed staff to draft a code amendment to adopt the County’s Emblem Program (“Program”) into the Baldwin Park Municipal Code and provide for the County’s enforcement authority within the City.
DISCUSSION:
The Program is a County-run effort with partnership with its member cities aimed to deter unlicensed cannabis businesses. The Program is also intended to protect consumers and stop the harmful effects caused by unlicensed and unregulated cannabis businesses on local neighborhoods. The Program requires 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. The Program’s findings, definitions, and description are proposed to be incorporated into the Baldwin Park Municipal Code in BPMC section 128.32 (Attachment 1).
The BPMC is also being amended to affirm and clarify that the City has adopted the County’s Public Health Ordinance by reference. This is important because it provides the justification and allows for the enforcement of County regulations within the jurisdiction of the City. These new sections will be added to the BPMC as sections 127.21 and 128.31 (Attachment 1).
On February 26, 2025, the Planning Commission voted 3-0 recommending the City Council approve the proposed Code Amendment. However, since the proposed action is a regulatory matter and is not a land use issue, the Planning Commission’s recommendation is not required.
ALTERNATIVES:
None.
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 is a regulatory code amendment, which will 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. Draft City Council Ordinance 1520
2. Staff Report Dated November 20, 2024
ORDINANCE NO. 1520
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA AMENDING THE BALDWIN PARK MUNICIPAL CODE, TITLE VI, BUSINESS REGULATIONS, CHAPTER 127 AND CHAPTER 128, ADDING SECTIONS 127.21 AND 128.31 INCORPORATING BY REFERENCE LOS ANGELES COUNTY’S TITLE 11, HEALTH CODE, AND PORTIONS OF TITLE 8, CONSUMER PROTECTIONS
CODE, TO ALLOW FOR THE COUNTY TO PERFORM INSPECTIONS AND
ENFORCEMENT OF COMMERCIAL CANNABIS BUSINESSES WITHIN THE CITY, AND ADDING SECTION 128.32 TO INCORPORATE LOS ANGELES COUNTY’S EMBLEM PROGRAM.
WHEREAS, since 2017, Los Angeles County Department of Public Health (“County”) has offered cannabis inspection and enforcement services to cities within the County; and
WHEREAS, in November 2021, the City of Baldwin Park (“City”) entered into an agreement with the County to perform cannabis inspections and enforcement; and
WHEREAS, in November 2024, the City renewed its contract with the County to continue cannabis inspection and enforcement; and
WHEREAS, at the time of renewal of the contract, the City Council directed staff to draft a code amendment to incorporate the County’s Emblem Program into the City’s Municipal Code as required by the contract; and
WHEREAS, the City has previously adopted by reference Title 11 of the Los Angeles County Health Code and portions of Title 8 of the County Consumer Protections Code as codified in Baldwin Park Municipal Code (BPMC) Section 94.01; and
WHEREAS, in connection with implementation of the Emblem Program, the City wishes to incorporate certain portions of the Los Angeles County’s Title 11 and Title 8 into Chapters 127 and 128 of the BPMC to further ensure compliance with applicable health and safety laws as they relate to commercial cannabis activities and facilities; and
WHEREAS, the proposed ordinance amends the BPMC to adopt the Emblem Program and incorporate the relevant portions of the County Health Code into the BPMC.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows:
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SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, the City Council determines the public health, safety and general welfare of the City of Baldwin Park, its residents and property owners can benefit by amending the Baldwin Park Municipal Code (BPMC) to add text in support of Los Angeles County Department of Public Health’s cannabis inspections and enforcement within the City, and it is in the best interest of the community to amend the BPMC accordingly.
SECTION 2. Based on the foregoing findings and determinations, Baldwin Park Municipal Code Title XI (“Business Regulations”), Chapter 127 (“Medical and Adult Use Commercial Cannabis Production”), Subchapter 127.21 (“Adoption of the Cannabis Public Health Ordinance”) is hereby added and reads as follows:
§ 127.21 ADOPTION OF THE CANNABIS PUBLIC HEALTH ORDINANCE. (A) The provisions of Part 7 of Chapter 8.04 (Commercial Cannabis Activities) and Chapter 11.37 (Cannabis Facilities) of the Los Angeles County Public Health Code, enacted by ordinance no. 2017-0060 in effect on December 19, 2017, and as amended, are adopted by reference as the cannabis public health regulations of the City for commercial cannabis production.
(B) In the event of any conflict or inconsistency between the provisions contained in this Section and the County’s Public Health Code, Title 11, Health and Safety, and portions of Title 8, Consumer Protections, including amendments, adopted by reference under BPMC Chapter 94.01, the provisions of this Section shall control.
SECTION 3. Based on the foregoing findings and determinations, Baldwin Park Municipal Code Title XI (“Business Regulations”), Chapter 128 (“Cannabis Retailers”), Subchapter 128.31 (“Adoption of the Cannabis Public Health Ordinance”) is hereby added and reads as follows:
§ 128.31 ADOPTION OF THE CANNABIS PUBLIC HEALTH ORDINANCE. (A) The provisions of Part 7 of Chapter 8.04 (Commercial Cannabis Activities) and Chapter 11.37 (Cannabis Facilities) of the Los Angeles County Public Health Code, enacted by ordinance no. 2017-0060 in effect on December 19, 2017, and as amended, are adopted by reference as the cannabis public health regulations of the City for cannabis retailers.
(B) In the event of any conflict or inconsistency between the provisions contained in this Section and the County’s Public Health Code, Title 11, Health and Safety, and portions of Title 8, Consumer Protections, including amendments, adopted by reference under BPMC Chapter 94.01, the provisions of this Section shall control.
SECTION 4. Based on the foregoing findings and determinations, Baldwin Park Municipal Code Title XI (“Business Regulations”), Chapter 128 (“Cannabis Retailers”),
Page | 3
Subchapter 128.32 (“Emblem Program for Authorized Cannabis Stores”) is hereby added and reads as follows:
§ 128.32 EMBLEM PROGRAM FOR AUTHORIZED CANNABIS STORES. (A) Findings.
(1) 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.
(2) 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.
(3) 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.
(B) Purpose and Intent.
(1) 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.
(2) 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.
(C) Definitions.
Page | 4
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:
(a) 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; (b) 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 (c) 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.
Emblem: The emblem featured on the Emblem Placard issued to an Authorized Cannabis Store by the Program Administrator as part of the Program.
Emblem Placard: A placard displaying the Emblem and other required information, that conforms to the design requirements specified in subdivision 4 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.
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.
Program: The Emblem Program for Authorized Cannabis Stores.
Program Administrator. The Director of the Los Angeles County Department of Public Health, or his or her designee.
(D) Emblem—Significance. 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.
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(E) Emblem Placard—Procedure for Issuance, Posting, Inspection, Suspension, and Revocation.
(1) Issuance. The Program Administrator shall cause an Emblem Placard to be issued to all Authorized Cannabis Stores.
(2) Posting
(a) 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:
(i) 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 (ii) 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.
(b) 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. (c) 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.
(3) Inspection. 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 conducted in conjunction with or separately from other regular inspections.
(4) Suspension. 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
Page | 6
Administrator, or an authorized representative, until the Licensee takes the necessary steps for reinstatement into the Program.
(5) Revocation. 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.
(F) Health information Advisory. 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.
(G) Violations.
(1) 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.
(2) 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 activity for the purpose of falsely holding oneself out as an Authorized Cannabis Store.
(3) 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.
(4) 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.
SECTION 5. CEQA. City Council finds that adoption of Ordinance No. 1514 is exempt from the California Environmental Quality Act (CEQA) in that it can be seen with certainty
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that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment, per sections 15061(b)(3) of the CEQA Guidelines.
SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. To the extent the provisions of the Baldwin Park Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments.
SECTION 8. The City Clerk is directed to certify the adoption of this Ordinance and post or publish this Ordinance as required by law.
SECTION 9. This Ordinance shall take effect 30 days after its adoption.
PASSED AND APPROVED ON THE ______ DAY OF ___________, 2025
_________________________________
ALEJANDRA AVILA, MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
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CITY OF BALDWIN PARK )
I, Christopher Saenz, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1520 was duly approved and adopted at a regular meeting of the City Council on _________________, 2025 by the following vote:
AYES:
COUNCILMEMBER:
NOES:
COUNCILMEMBER:
ABSENT:
COUNCILMEMBER:
ABSTAIN:
COUNCILMEMBER:
_________________________________________
Christopher Saenz
CITY CLERK
STAFF REPORT
ITEM NO. _____6_____
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
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.
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
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
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.
HOA.102045456.1
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
I i
i
' 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
'
i
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
I
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:
.
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Cultivation - Small (1 - 9,999 sguare feet) 1,721.00
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I
I
i •
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
...
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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.
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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.
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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.
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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]
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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.
ITEM NO: 13.
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr, Chief Executive Officer
PREPARED BY: Nick Baldwin, City Planner
DATE: October 15, 2025
SUBJECT: Consideration of a General Plan Amendment to change the land use designation from Commercial/Industrial to Park Space, a Zone Change from Industrial Commercial to Open Space, and a Design Review for the construction of a new approximately 9,000 square foot pocket park (Ana
Montenegro Park) located at APN 8536-016-902 (Case
Numbers PR 25-25, Z 25-01, AGP 25-01; APPLICANT:
CITY OF BALDWIN PARK)
SUMMARY:
The purpose of this staff report is to request City Council consideration of the Planning Commission’s recommendation and consideration of adoption of the Mitigated Negative Declaration (MND) approval of the Amendment to the General Plan, Zone, Change, and Design Review for the Ana Montenegro Park Project.
RECOMMENDED ACTION:
Staff recommends that the City Council:
1. Conduct a Public Hearing; and
2. Adopt Resolution No. 2025-036 entitled, “A Resolution of the City Council of the City of Baldwin Park Adopting (1) An Initial Study and Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Ana Montenegro Park Project Located at APN 8536-016-902.”; and
3. Adopt Resolution No. 2025-037 entitled, “A Resolution of the City Council of the City of Baldwin Park Approving General Plan Amendment No. AGP 25-01 to change to the Land Use Designation from Commercial/Industrial to Park Space.; and
4. Adopt Resolution No. 2025-038 entitled, “A Resolution of the City Council of the City of Baldwin Park Approving Zoning Code Amendment No. Z 25-01 to change to the Zoning Designation from Industrial Commercial to Open Space.; and
5. Adopt Resolution No. 2025-039 entitled, “A Resolution of the City Council of the City of Baldwin Park approving Design Review No. PR 25-25 for the design of the park.; and
FISCAL IMPACT:
There would be no adverse fiscal impact associated with approval of the project and development of the park.
Improvements to the park are funded by grants and non-General Fund sources.
BACKGROUND:
The subject property is a vacant lot of approximately 9,000 square feet in size that is located at the northwest corner of Maine Avenue and Joanbridge Street. The current land use of the property is Industrial and the current zoning is Industrial-Commercial and it is bordered by an automotive repair use to the north, a water utility to the south, single-family residences to the west and light industrial uses across the street to the east. This property was acquired by the City in April 2022 using Quimby and Community Enhancement Funds for the future use as park
space. The Recreation and Community Services Department brought the acquisition of the property before the City Council on April 6, 2022, and shared the conceptual design of the park with the City Council on February 5, 2025.
The feedback received from the City Council at those meetings was incorporated into the project scope.
The City of Baldwin Park has limited opportunities to acquire and/or build public parks and open space for active and passive recreational use. Today, the City ranks low in the provision of parks for its residents. Currently, Baldwin Park has 0.3 acres of park space per 1,000 residents compared to the County average of 3.3 acres per 1,000 residents, according to the LA County Regional Open Space District Park Assessment Report (2016). Public parks offer recreational opportunities, benefits community health and wellness, and provide aesthetic beauty and enjoyment. Additionally, the city is committed to finding opportunities to expand existing public parks, trails and finding opportunities to create pocket parks.
DISCUSSION:
The proposal is to develop the vacant lot into to a pocket park to be named for Anna Montenegro. The park celebrates her admiration for the rich heritage of Pre-Columbian artistry. A colorful play surface with Talavera design imagery depicting the sunrise would be included in the playground area where the play structure, swing set, and play climbers would be located. The playground area will be partially covered by colorful shade sails. The proposed men and women’s restroom building will be located on the west side of the park and will be surrounded by Mexican Talavera tile floor covering. Approximately 2,500 square feet of drought-tolerant landscaping will be planted, including five shade trees. A 10-foot block wall will be constructed along the park's north and west boundaries to provide visual and noise screening for the adjacent properties. A decorative three-foot wall with eight-foot-tall steel pickets atop will be placed along the south and east edges of the park. There will be a pedestrian gate that will be closed at sunset to securely close the park at night. Additional amenities include benches, seating boulders, a bike repair station, a drinking fountain, decorative seat walls, trash receptacles, solar- powered security lighting and camera system, and a monument sign. No off-street parking is provided with the proposal.
GENERAL PLAN AMENDMENT
This project is proposed on a lot with a land use designation of Commercial/Industrial and it is surrounded by industrial uses, with the exception of the residential uses located to the west. The proposal is to change the land use to Park Space to accommodate the proposed development of a pocket park on the site. To make this change, the following findings must be made pursuant to the Baldwin Park Municipal Code:
A. The amendment is consistent with all the other goals, policies, and objectives of the General Plan.
According to the Land Use section of the General Plan, “The Land Use Element represents the City’s desire for long-range changes and enhancements of land uses within the City. The Land Use Plan builds on the established land use pattern to provide integration between the existing community qualities and the community’s vision for the future” (LU-1, 2020 General Plan). This expression to maintain and promote land uses that are consistent with the qualities of the community is aligned with the proposed park project.
The project is consistent with Land Use Goal 3 (Provide for the revitalization of deteriorating land uses and properties) because it will develop a vacant lot currently characterized by trash and weeds into a thriving park space. The project is also consistent with the Urban Design element of the General Plan that calls for beautification of the street frontage through landscaping, lighting, and community amenities near the gateways to the City, including Maine Avenue. Lastly, the project is consistent with the goals for Mini- Parks (pocket parks) in the General Plan in that it is located on a street corner, is designed for safety and security, and will be regularly serviced by City employees (OSC-14, 2020 General Plan).
B. The amendment will not adversely affect surrounding properties. Parks are widely accepted as community amenities that benefit the area that they serve. As a pocket park with no parking provided, it is intended to mainly serve the neighborhood in the immediate vicinity within walking or biking distance. Lighting will
be provided for the park area, ensuring that the park will be secure during the twilight hours and the park will be locked and closed during the nighttime hours. Light will terminate at the property line in accordance with BPMC. Both characteristics were put in place with security and safety in mind for the park users and for the benefit of the surrounding community. The improvements to the park area, including the play structures, benches, water fountain, and bathrooms offer opportunities for the park users to play and rest, which is a benefit to the surrounding properties. In regard to concerns regarding noise and privacy for the neighboring properties to the north and west, the proposed eight-foot-tall wall along those property boundaries is intended to address those concerns and mitigate impact.
C. The amendment promotes public health, safety and general welfare. The City of Baldwin Park is underserved in terms of park space and all new park areas where residents and visitors can recreate and enjoy outdoor natural amenities support the general welfare of the City. Lighting, walls, fences, gates are physical improvements described in the previous section that promote safety and security on the property.
Furthermore, the operational characteristic of closing the park at sunset will also promote safety within the park.
D. The amendment serves the goals and purposes of the zoning code. The Zoning Code implements the vision, goals, and policies of the General Plan. Per state law, the General Plan and the Zoning Can must be consistent. This project is proposing an amendment of the zoning for this property to be open space, which will comply with the proposed Park Space land use for the property.
ZONE CHANGE
This project is proposed on a lot with a zoning designation of Industrial-Commercial and it is surrounded by industrial-Commercial zoned uses to the north and east and single-family residential zoned uses located to the west and south, through the property to the south is developed with water utility infrastructure. The proposal is to change the zoning to Open Space to accommodate the proposed development of a pocket park on the site. To make this change, the following findings must be made pursuant to the Baldwin Park Municipal Code:
A. The amendment is consistent with the goals, policies and objectives of the General Plan. According to the Land Use section of the General Plan, “The Land Use Element represents the City’s desire for long-range changes and enhancements of land uses within the City. The Land Use Plan builds on the established land use pattern to provide integration between the existing community qualities and the community’s vision for the future” (LU-1, 2020 General Plan). This expression to maintain and promote land uses that are consistent with the qualities of the community is aligned with the proposed park project. The project is consistent with Land Use Goal 3 (Provide for the revitalization of deteriorating land uses and properties) because it will develop a vacant lot currently characterized by trash and weeds into a thriving park space.
The project is also consistent with the Urban Design element of the General Plan that calls for beautification of the street frontage through landscaping, lighting, and community amenities near the gateways to the City, including Maine Avenue. Lastly, the project is consistent with the goals for Mini- Parks (pocket parks) in the General Plan in that it is located on a street corner, is designed for safety and security, and will be regularly serviced by City employees (OSC-14, 2020 General Plan).
B. The amendment will not adversely affect surrounding properties. Parks are widely accepted as community amenities that benefit the area that they serve. As a pocket park with no parking provided, it is intended to mainly serve the neighborhood in the immediate vicinity within walking or biking distance. Lighting will be provided for the park area, ensuring that the park will be secure during the twilight hours and the park will be locked and closed during the nighttime hours. Light will terminate at the property line in accordance with BPMC. Both characteristics were put in place with security and safety in mind for the park users and for the benefit of the surrounding community. The improvements to the park area, including the play structures, benches, water fountain, and bathrooms offer opportunities for the park users to play and rest, which is a benefit to the surrounding properties. In regard to concerns regarding noise and privacy for the neighboring properties to the north and west, the proposed eight-foot-tall wall along those property
boundaries is intended to address those concerns and mitigate impact.
C. The amendment promotes public health, safety, and general welfare. The City of Baldwin Park is underserved in terms of park space and all new park areas where residents and visitors can recreate and enjoy outdoor natural amenities support the general welfare of the City. Lighting, walls, fences, gates are physical improvements described in the previous section that promote safety and security on the property.
Furthermore, the operational characteristic of closing the park at sunset will also promote safety within the park.
D. The amendment serves the goals and purposes of the zoning code. The Zoning Code implements the vision, goals, and policies of the General Plan. Per state law, the General Plan and the Zoning Can must be consistent. This project is proposing an amendment of the zoning for this property to be open space, which will comply with the proposed Park Space land use for the property.
DESIGN REVIEW
The project site is a vacant lot at the northwest corner of Maine Avenue and Joanbridge Street. It is fenced with a chain link fence and is unimproved with simply dirt and scattered weeds. The proposal is to develop the site into a vibrant park space for the community to enjoy. The design also reflects the community’s vision for the space, fostering a harmonious blend of history, culture, and education. The overall design incorporates culturally rich elements, such as a tower-like play structure inspired by an alebrije serpent, a rubberized flooring with Pre- Columbian patterns, walls with Talavera pottery designs, and a shade structure with a design inspired by Papel Picado. The only building proposed on the property is a 500 square-foot restroom building for men and women which will have a Spanish architectural style to match the Spanish-influenced design of the park.
For project designs to be approved, the following findings must be made:
A. The proposed use, development or structure complies with all applicable provisions of the Design Guidelines. The proposed park design complies with the applicable provisions of the Design Guidelines.
Specifically, the project carries the Spanish character of the design in each element of the proposal. The improvements have a consistent and compatible theme in the building treatments, playground equipment, benches, and landscaping.
B. The proposed design is compatible with the design of the adjacent land uses. The park is beneficial to all residents, workers, and visitors in the area as it offers a beautiful space to play, rest, and enjoy the outdoors.
A majority of the lots south of the project site are zoned single-family residential and the residents of these properties will have the benefit of walking or biking to this green space to enjoy the amenities. The site plan design lends itself to use by both children, adults, and elderly people as the entrance to the project site and the park amenities itself will be ADA accessible. Furthermore, the Spanish architecture of the proposed bathroom building is consistent with many of the homes in the area, as Spanish architecture is one of the predominant architectural styles within the City.
C. The proposed design possesses acceptable architectural design and aesthetic quality. The proposed Spanish design is common to the City of Baldwin Park, so its use in the park design will blend well with the established architectural fabric of the community. Also, the quality of the materials used goes well beyond the minimum acceptable level. Talavera design is of the highest level of adornment in Spanish design and it is used extensively in this project. Steel fences and block walls are used for the perimeter walls, fences, and gates, which of the highest quality and design standards for their respective improvement types.
PLANNING COMMISSION RECOMMENDATION
On September 24, 2025, this project was presented to the Planning Commission for consideration. After the report was presented, the Planning Commission asked questions related to parking, traffic, privacy, security, park accessibility, and storm water retention. Staff provided answers supported by facts within the staff report and
supporting documents. The adjacent property owner to the west of the subject site (adjacent resident), spoke during public comment and expressed concerns that there is no sufficient parking for the park patrons, the security cameras for the park may encroach on neighbor's privacy, traffic speed is too fast without speed bumps, and homeless use of the park. She expressed gratitude to the Chief Executive Officer for taking her privacy concerns into consideration and providing a 10-foot wall between the park and her property for the sake of privacy preservation. Another gentleman (member of the public) expressed concern about the homeless use of the park and the lack of residents in the immediate area that could use the park. After the Planning Commission considered the information provided by staff in the staff report and oral presentation, as well as information received during public comment, the Commission recommended approval of the project to the City Council with the recommendation to the City Council to consider adding conditions regarding the addition of speed bumps proximate to the park, the provision of a process to ensure that security cameras will not film neighboring properties, and the restriction of parking proximate to the park to be limited-time parking to accommodate park patrons.
After the meeting, the recommended conditions of approval were discussed with the Community Development Department Director and the Public Works Director for consideration. The Public Works Director stated that speed bumps would not be appropriate for that part of Joanbridge due to the proximity to the intersection with Maine and because it is unlikely to meet the warrants required to install them. The proposal to make the street parking immediately adjacent to the park limited-time parking and the proposal to require that cameras do not film neighboring properties were supported and as a result, conditions of approval have been added to the project for those two matters.
ALTERNATIVES:
None
CEQA REVIEW:
The Project is being implemented by the City to address the City’s environmental efforts and expand recreational facilities. This Project aims to install three bio-infiltration systems that have the ability to capture the first 85th percentile stormwater volume produced on the site and infiltrate flows into the ground within 72 hours. The City is committed to maximizing community benefits through the Project. Amenities are expected to include a pre- Columbian and Spanish-designed playground, shade structure, shade sails, benches, a drinking fountain, native landscaping, a restroom facility, walkways, solar lighting, and perimeter fences, walls, and gates. The park will also include approximately five new large shade trees. The conceptual Site Plan is included as Attachment 6.
The Project's goals are summarized as follows:
Increase recreational park space
Maximize community benefits
Minimize disruption to residents and local businesses Incorporate community-based input
Pursuant to the California Environmental Quality Act (CEQA), the City of Baldwin Park (“City”) prepared a Draft Initial Study/Mitigated Negative Declaration (IS/MND) to identify potential site-specific environmental constraints associated with the Baldwin Park Ana Montenegro Park Project (Project) (APN 8536-016-902). The Draft Initial Study determined that the project could result in potentially significant impacts on the following environmental topics: biological resources, cultural resources, energy, geology/soils, noise, and tribal cultural resources. Since all potentially significant impacts could be fully mitigated, the project qualifies for a Mitigated Negative Declaration (MND) and therefore would not require the preparation of an Environmental Impact Report (EIR) pursuant to CEQA.
On August 20, 2025, the city released for public review the Draft IS/MND for the project pursuant to Section 15105 of the State CEQA Guidelines. The public review and comment period for the Draft IS/MND began on August 21, 2025 and closed on September 20, 2025. The Draft IS/MND for the project was recorded with the Office of Planning and Research, the Los Angeles County Recorder’s office, circulated to interested parties, and posted on the City’s website. As required by CEQA, a Notice of Completion form along with copies of the Draft IS/MND were sent to the State Clearinghouse soliciting review and comment on the report by the relevant State agencies. The State Clearinghouse subsequently assigned the following State Clearinghouse Number for the Draft IS/MND: 2025080925. It should be noted that the site plan included with the published IS/MND has been revised with minor edits and the current version of the site plan is attached as Attachment 6.
The CEQA Appendix G Environmental (Initial Study) Checklist is included in Section 3. The checklist identifies potential environmental impacts by section and provides a brief discussion of each impact resulting from project implementation, with responses supported by sufficient data and analysis. During the public review period, comments were received from:
• Hereditary Chief Andrew Salas, Gabrieleño Band of Mission Indians - Kizh Nation • Patricia Horseley, Environmental Planner, Los Angeles County Sanitation District
A Final IS/MND will be prepared prior to a decision for this project is made by the City Council and this document will formally address the comments from Hereditary Chief Andrew Salas, Gabrieleño Band of Mission Indians - Kizh Nation and Patricia Horseley, Environmental Planner, Los Angeles County Sanitation District.
Mitigation measures have been included with the Draft IS/MND that grants the Gabrieleño Band of Mission Indians - Kizh Nation paid monitoring during grading for the project. In response to the comment from the Los Angeles County Sanitation District, a condition of approval has been included for this project to require payment of a connection fee to the Sanitation District to offset the impact of this project on the regional sewer system. An Environmental Impact Report (EIR) pursuant to CEQA is not required for the proposed project. Minor edits to the Draft IS/MND are anticipated based on the comments that were received and will be included in the Final IS/MND. The Final IS/MND is not anticipated to describe the project having any new or substantially more severe impacts than those identified and analyzed in the Draft IS/MND. Therefore, in accordance with State CEQA Guidelines Section 15073.5, recirculation of a Draft IS/MND is not required.
The Final IS/MND is an informational document that (1) must be considered by the City’s decision makers before approving the project, and (2) must reflect the Lead Agency’s independent judgment and analysis (CEQA Guidelines, Section 15090). The City must first adopt the IS/MND and approve the MMRP prior to approving the project. If the City formally approves the project, the City shall file a CEQA Notice of Determination with the County Clerk within five working days of project approval. A copy of the Notice of Determination filed by the County Clerk shall also be sent to the State Clearinghouse.
CONCLUSION
It is recommended that the City Council approve the following resolutions in support of the Ana Montenegro Park Project: Resolution No. 2025-036 for adoption of a Mitigated Negative Declaration; Resolution No. 2025-037 for approval of General Plan Amendment AGP 25-01; Resolution No. 2025-038 for approval of Zone Change 25-01; and Resolution No. 2025-039 for approval of Design Review PR 25-25.
LEGAL REVIEW:
This report has been reviewed and approved by the City Attorney, as to legal form and content.
ATTACHMENTS:
1. Resolution No. 2025-036, Initial StudyMitigated Negative Declaration
2. Resolution No. 2025-037, General Plan Amendment
3. Resolution No. 2025-038, Zone Change
4. Resolution No. 2025-039, Design Review
5. Initial StudyMitigated Negative Declaration and Mitigation Monitoring and Reporting Program
6. Conceptual Site Plan
RESOLUTION NO. 2025-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE BALDWIN PARK ANA
MONTENEGRO PARK PROJECT LOCATED AT APN 8536-
016-902.
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.), and City of Baldwin Park’s Local CEQA Guidelines (collectively, “CEQA”), the City of Baldwin Park is the lead agency for the proposed Project; and
WHEREAS, in August 2025, in compliance with CEQA, an Initial Study (IS) was prepared for the Ana Montenegro Park Project, General Plan Amendment, Zone Change and Design Review ( collectively “Project”) which determined the Project would not have a significant adverse impact on the environment that could not be mitigated and that a Mitigated Negative Declaration (MND) finding was appropriate; and
WHEREAS the City provided copies of the Initial Study and MND to the public and the State Clearinghouse for a review and comment period beginning on August 21, 2025, and ending on September 20, 2025, pursuant to State CEQA Guidelines section 15073, during which time the City received two (2) comment letters; and
WHEREAS, on September 4, 2025, the City gave public notice of the Planning Commission public meeting on the Project to property owners within a 300-foot distance and via publication in the local newspaper; and
WHEREAS, on September 24, 2025, the Planning Commission held a public meeting and considered public testimony and evidence and recommendations presented by staff related to the proposed Project and the MND for the Project; and
WHEREAS, on September 25, 2025, the City gave public notice of the City Council public meeting on the Project to property owners within a 300-foot distance and via publication in the local newspaper; and
WHEREAS, on October 15, 2025, the City Council held a public meeting and considered public testimony and evidence and recommendations presented by staff related to the proposed Project and the MND for the Project; and
WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines, and the City’s Local CEQA Guidelines have been satisfied by the City in connection with the preparation of the MND, which is sufficiently detailed so that all of the
Resolution CC 2025-036
October 15, 2025
potentially significant environmental effects of the Project, as well as feasible mitigation measures, have been adequately evaluated; and
WHEREAS, the MND prepared in connection with the Project sufficiently analyzes the feasible mitigation measures necessary to avoid or substantially lessen the Project’s potentially significant environmental impacts; and
WHEREAS, the findings and conclusions made by the City Council in this Resolution are based upon the oral and written evidence presented as well as the entirety of the administrative record for the Project, which is incorporated herein by this reference.
The findings are not based solely on the information provided in this Resolution; and
WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including but not limited to the Initial Study, MND, MMRP, and all oral and written evidence presented to it during all meetings and hearings; and
WHEREAS, the MND, reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and
WHEREAS, no comments made in the public meeting conducted by the City Council, and no additional information submitted to the City Council, have produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review of the project under State CEQA Guidelines section 15073.5; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. RECITALS. The City Council hereby finds that the recitals set forth above are true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council has reviewed and considered the information contained in the MND, Initial Study, administrative record, and all other written and oral evidence presented to the City for the Project, on file with the City and available for review at 14403 E Pacific Ave. Based on the City Council’s independent review and analysis, the City Council finds that the MND, Initial Study, and administrative record contains a complete and accurate reporting of the environmental impacts associated with the Project, and that the MND has been completed in compliance with the California Environmental Quality Act (Public Resources Code, § 21000 et seq.; “CEQA”), the State CEQA Guidelines
Resolution CC 2025-036
October 15, 2025
(California Code of Regulations, title 14, § 15000 et seq.), and the City’s Local CEQA Guidelines.
SECTION 3. FINDINGS ON ENVIRONMENTAL IMPACTS. Based on the whole record before it, including the MND, Initial Study, the administrative record, and all other written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the Project are either less than significant or no impact as outlined in the MND, and the Initial Study. The City Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in any significant environmental impacts. The City Council finds that the MND contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment and analysis of the City. No new significant environmental effects have been identified in the MND and no changes made to the MND constitute substantial revisions requiring recirculation under State CEQA Guidelines section 15073.5.
SECTION 4. ADOPTION OF THE MITIGATED NEGATIVE DECLARATION. The City Council approves and adopts the MND, which is attached to Staff Report as Attachment 5.
SECTION 5. ADOPTION OF THE MITIGATION MONITORING AND REPORTING PROGRAM. In accordance with the Public Resources Code section 21081.6, the City Council adopts the MMRP associated with the Project. In the event of any inconsistencies between the Mitigation measures as set forth in the MND and the MMRP, the MMRP shall control.
SECTION 6. LOCATION AND CUSTODIAN OF RECORDS. The documents and materials associated with the Project and the MND that constitute the record of proceedings on which these findings are based are located at 14403 E. Pacific Ave.
SECTION 7. NOTICE OF DETERMINATION. The City Council directs staff to prepare and file a Notice of Determination with the Los Angeles County Clerk and the State Clearinghouse within five (5) working days of the approval of the proposed Project.
Resolution CC 2025-036
October 15, 2025
PASSED AND APPROVED this 15th day of October, 2025.
_____________________________________
ALEJANDRA AVILA
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, CHRISTOPHER SAINZ, City Clerk of the Baldwin Park City Council, do hereby certify that the foregoing Resolution No. 2025-036 was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 15th day of October, 2025 by the following vote:
AYES: COUNCIL MEMBERS:_________________________________________ NOES: COUNCIL MEMBERS:_________________________________________ ABSTAIN: COUNCIL MEMBERS:_________________________________________ ABSENT: COUNCIL MEMBERS:_________________________________________
________________________________________
CHRISTOPHER SAINZ
BALDWIN PARK CITY CLERK
RESOLUTION NO. 2025-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK FOR THE APPROVAL OF GENERAL PLAN AMENDMENT TO
CHANGE THE LAND USE DESIGNATION FROM “COMMERCIAL
INDUSTRIAL” TO “PARK SPACE” TO ACCOMMODATE THE
PROPOSED DEVELOPMENT OF A PUBLIC PARK LOCATED AT
APN NO. 8536-016-902. (APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: GPA 25-01)
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine, and declare as follows:
(a) That application for an Amendment to the Land Use Element of the General Plan was submitted for certain real property, located at the northwest corner of Maine Avenue and Joanbridge Street (APN No. 8536-016-902), in the City of Baldwin Park, described more particularly in the Application on file with the Planning Division; and
(b) That the application sought approval of a General Plan Amendment to change the land use designation from Commercial/Industrial to Park Space to accommodate the proposed development of a public park (Ana Montenegro Park) and related improvements(“Project”); and
(c) The proposed Project is subject to the provisions of the California Environmental Quality Act (CEQA), and accordingly an Initial Study/Mitigated Negative Declaration for the park improvements was prepared in August 2025 and circulated for public review on August 21, 2025, through September 20, 2025. As required by CEQA, a Notice of Completion along with copies of the Draft IS/MND were sent to the State Clearinghouse soliciting review and comment on the report by the relevant State agencies. The State Clearinghouse subsequently assigned the following State Clearinghouse Number for the Draft IS/MND: 2025080925..
(d) A duly noticed public hearing was held on September 24, 2025, and the Planning Commission, as the recommending body, has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing, and Planning Commission recommended approval with conditions.
(e) A duly noticed public hearing was held on October 15, 2025, and the City Council, as the deciding body, has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing.
SECTION 2. In accordance with Section153.210.750 of the Baldwin Park Municipal Code, it is found that the Project would not unreasonably interfere with the use or enjoyment of property in the vicinity, and would not adversity affect the public peace, health, safety or general welfare, the City Council hereby approves and adopts said General Plan Amendment based on the following findings:
(a) The amendment is consistent with the goals, policies, and objectives of the General Plan.
Resolution 2025-037
October 15, 2025
According to the Land Use section of the General Plan, “The Land Use Element represents the City’s desire for long range changes and enhancements of land uses within the City. The Land Use Plan builds on the established land use pattern to provide integration between the existing community qualities and the community’s vision for the future” (LU-1, 2020 General Plan). This expression to maintain and promote land uses that are consistent with the qualities of the community is aligned with the proposed park project. The project is consistent with Land Use Goal 3 (Provide for the revitalization of deteriorating land uses and properties) because it will develop a vacant lot currently characterized by trash and weeds into a thriving park space. The project is also consistent with the Urban Design element of the General Plan that calls for beautification of the street frontage through landscaping, lighting, and community amenities near the gateways to the City, including Maine Avenue. Lastly, the project is consistent with the goals for Mini-Parks (pocket parks) in the General Plan in that it is located on a street corner, is designed for safety and security, and will be regularly serviced by City employees (OSC-14, 2020 General Plan).
(b) The amendment will not adversely affect surrounding properties.
Parks are widely accepted as community amenities that benefit the area that they serve. As a pocket park with no parking provided, it is intended to mainly serve the neighborhood in the immediate vicinity within walking or biking distance. Lighting will be provided for the park area ensuring that the park will be secure during the twilight hours and the park will be locked and closed during the nighttime hours. Light will terminate at the property line in accordance with BPMC. Both characteristics were put in place with security and safety in mind for the park users and for the benefit of the surrounding community. The improvements to the park area including the play structures, benches, water fountain, and bathrooms offer opportunities to the park users to play and rest, which is a benefit to the surrounding properties. In regard to concerns regarding noise and privacy for the neighboring properties to the north and west, the proposed eight-foot-tall wall along those property boundaries is intended to address those concerns and mitigate impact.
(c) The amendment promotes public health, safety and general welfare.
The City of Baldwin Park is underserved in terms of park space and all new park areas where residents and visitors can recreate and enjoy outdoor natural amenities supports the general welfare of the City. Lighting, walls, fences, gates are physical improvements described in the previous section that promote safety and security on the property. Furthermore, the operational characteristic of closing the park at sunset will also promote safety within the park.
(d) The amendment serves the goals and purposes of the zoning code.
The Zoning Code implements the vision, goals, and policies of the General Plan. Per state law, the General Plan and the Zoning Can must be consistent. This project is proposing an amendment of the zoning for this property to be open space, which will comply with the proposed Park Space land use for the property.
SECTION 3. The Project is subject to the following conditions:
a) Prior to issuance of the building permit, the applicant shall coordinate with the Los Angeles County Sanitation District and submit payment for all fees owed for connection to the County sewer.
b) A plan that shows the security camera coverage of the park area shall be provided for review and approval during Plan Check and these plans shall
Resolution 2025-037
October 15, 2025
reflect that the video coverage area shall not include adjacent private properties, subject to the discretion of the City Planner. c) Street parking signs shall be installed proximate to subject property that limit the time permitted for street parking and the time, manner, and placement of the signs shall be subject to the discretion of the Public Works Director.
SECTION 4. Based on the aforementioned findings, the City Council does approve the General Plan Amendment No. 25-01, amending the General Plan Land Use Map from “Commercial Industrial” to “Park Space” for the property located at APN No. 8536-016-902.
SECTION 5. The City Clerk shall certify the adoption of this Resolution and forward a copy hereof to the Applicant.
PASSED AND APPROVED this 15h day of October 2025.
_____________________________________
ALEJANDRA AVILA, MAYOR
BALDWIN PARK CITY COUNCIL
ATTEST:
___________________________________
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, CHRISTOPHER SAINZ, City Clerk of the Baldwin Park City Council, do hereby certify that the foregoing Resolution No 2025-037 was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 15th day of October 2025 by the following vote:
AYES: COUNCIL MEMBERS:_________________________________________ NOES: COUNCIL MEMBERS:_________________________________________ ABSTAIN: COUNCIL MEMBERS:_________________________________________ ABSENT: COUNCIL MEMBERS:_________________________________________
_______________________________________
CHRISTOPHER SAINZ
CITY CLERK OF THE CITY COUNCIL
RESOLUTION PC 2025-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK APPROVING OF A ZONE CHANGE TO CHANGE THE ZONING
DESIGNATION FROM “INDUSTRIAL COMMERCIAL” TO “OPEN
SPACE” TO ACCOMMODATE THE PROPOSED DEVELOPMENT OF
A PUBLIC PARK LOCATED AT APN NO. 8536-016-902. (APPLICANT:
CITY OF BALDWIN PARK; CASE NUMBER: Z 25-01)
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine, and declare as follows:
(a) That application for a Zone Change was submitted for certain real property, located at the northwest corner of Maine Avenue and Joanbridge Street (APN No. 8536-016-902), in the City of Baldwin Park, described more particularly in the Application on file with the Planning Division; and
(b) That the application sought approval of a Zone Change to change zoning designation from Industrial/Commercial to Open Space to accommodate the proposed development of a public park (Ana Montenegro Park) and related improvements (“Project”); and
(c) The proposed Project is subject to the provisions of the California Environmental Quality Act (CEQA), and accordingly an Initial Study/Mitigated Negative Declaration for the park improvements was prepared in August 2025 and circulated for public review on August 21, 2025, through September 20, 2025. As required by CEQA, a Notice of Completion along with copies of the Draft IS/MND were sent to the State Clearinghouse soliciting review and comment on the report by the relevant State agencies. The State Clearinghouse subsequently assigned the following State Clearinghouse Number for the Draft IS/MND: 2025080925..
(d) A duly noticed public hearing was held on September 24, 2025, and the Planning Commission, as the recommending body, has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing, and Planning Commission recommended approval with conditions.
(e) A duly noticed public hearing was held on October 15, 2025, and the City Council, as the deciding body, has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing.
SECTION 2. In accordance with Section153.210.750 of the Baldwin Park Municipal Code, it is found that the Project would not unreasonably interfere with the use or enjoyment of property in the vicinity, and would not adversity affect the public peace, health, safety or general welfare, the City Council hereby approves and adopts said Zone Change based on the following findings:
(a) The amendment is consistent with the goals, policies, and objectives of the General Plan.
According to the Land Use section of the General Plan, “The Land Use Element represents the City’s desire for long range changes and enhancements of land uses within the City. The Land
Resolution 2025-038
October 15, 2025
Use Plan builds on the established land use pattern to provide integration between the existing community qualities and the community’s vision for the future” (LU-1, 2020 General Plan). This expression to maintain and promote land uses that are consistent with the qualities of the community is aligned with the proposed park project. The project is consistent with Land Use Goal 3 (Provide for the revitalization of deteriorating land uses and properties) because it will develop a vacant lot currently characterized by trash and weeds into a thriving park space. The project is also consistent with the Urban Design element of the General Plan that calls for beautification of the street frontage through landscaping, lighting, and community amenities near the gateways to the City, including Maine Avenue. Lastly, the project is consistent with the goals for Mini-Parks (pocket parks) in the General Plan in that it is located on a street corner, is designed for safety and security, and will be regularly serviced by City employees (OSC-14, 2020 General Plan).
(b) The amendment will not adversely affect surrounding properties.
Parks are widely accepted as community amenities that benefit the area that they serve. As a pocket park with no parking provided, it is intended to mainly serve the neighborhood in the immediate vicinity within walking or biking distance. Lighting will be provided for the park area ensuring that the park will be secure during the twilight hours and the park will be locked and closed during the nighttime hours. Light will terminate at the property line in accordance with BPMC. Both characteristics were put in place with security and safety in mind for the park users and for the benefit of the surrounding community. The improvements to the park area including the play structures, benches, water fountain, and bathrooms offer opportunities to the park users to play and rest, which is a benefit to the surrounding properties. In regard to concerns regarding noise and privacy for the neighboring properties to the north and west, the proposed eight-foot- tall wall along those property boundaries is intended to address those concerns and mitigate impact.
(c) The amendment promotes public health, safety and general welfare.
The City of Baldwin Park is underserved in terms of park space and all new park areas where residents and visitors can recreate and enjoy outdoor natural amenities supports the general welfare of the City. Lighting, walls, fences, gates are physical improvements described in the previous section that promote safety and security on the property. Furthermore, the operational characteristic of closing the park at sunset will also promote safety within the park.
(d) The amendment serves the goals and purposes of the zoning code.
The Zoning Code implements the vision, goals, and policies of the General Plan. Per state law, the General Plan and the Zoning must be consistent. This project is proposing an amendment of the zoning for this property to be open space, which will comply with the proposed Park Space land use for the property.
SECTION 3. Based on the aforementioned findings, the City Council does hereby approve of Zone Change No. 25-01, amending the Zoning Map from “Industrial Commercial” to “Open Space” for the property located at APN No. 8536-016-902.
SECTION 4. The City Clerk shall certify the adoption of this Resolution and forward a copy hereof to the Applicant.
PASSED AND APPROVED this 15th day of October 2025.