Administrative Review Record - Aqua Tergere, LLC
□ Pressure Differential Systems
LA COUNTY PUBLIC HEALTH DEPARTMENT – ENVIORNMENTAL HEALTH
CHECKLIST
THE FOLLOWING INFORMATION IS REQUIRED FOR EHD PLAN CHECK. TO
FIND OUT MORE INFORMATION REGARDING THE EHD CANNABIS
REQUIREMENTS, PLEASE VISIT http://publichealth.lacounty.gov/media/Cannabis/ Ceiling, HVAC and Lighting Provide detailed information for all heating and ventilation systems, AC
systems, light locations, all system
equipment specifications and a finish
schedule for floors, walls, and ceilings
that indicate the type of material, the
surface finish, the color, and the type of
coved base at the floor-wall juncture.
Waste Management Describe how waste will be stored onsite and indicate location of waste receptacles.
Odor Management and Ventilation Provide detailed information for filtration system specifications and indicate
locations of all equipment. Include hood
equipment, elevations and make-up air.
Indicate the type of comfort cooling in
building, e.g. “building is cooled by
refrigerated air condition”, “evaporative
cooling”, or “no cooling system is
installed.
M1 AND M2 PAGES 26 AND 27
E2.0 PAGE 6 OF SET
P-1 PAGE 34 OF SET M1 AND M2 PAGES 26 AND 27 OF SET
Administrative Review Record - Aqua Tergere, LLC
EARLY PLAN CHECK AUTHORIZATION
APPLICANT:
PROJECT NO.:
SITE LOCATION:
NOTICE: The City of Cudahy and City Representatives make no representation, warranty or guaranty that your Application will be approved, in whole or in part, or as currently proposed and processed. The City reserves all rights with respect to conditioning City Planning approval of your Application upon compliance with further conditions or changes to building plans or permits, pending or approved. Applicant agrees to modify or revise its building plans to comply with City Planning conditions which may be later imposed as conditions for approval of the Application.
By signing below, the undersigned hereby releases, waives and holds harmless the City of Cudahy and its Council members, officers, employees, and agents (collectively "City Representatives") from any and suits, claims, damages, losses, injuries, (including economic injury, loss of contract rights, property damage, bodily injury or death), and any other compensable loss of any type (collectively "Claims") to you or your company, agents, representatives, successor, assigns or transferees arising out of or related to the denial, delay in or reliance upon the approval of your application for BUILDING PERMIT (hereinafter "Application"), whether or not caused by the negligence of the City or City Representatives. This release does not apply to the extent the Claims are caused by the gross negligence or willful or wanton misconduct of the City or City Representatives. You further agree that in the event any third party brings a Claim against the City or City Representatives pertaining to your Application you shall defend and indemnify the City and City Representatives from any and all Claims. The City reserves the right to select legal counsel.
Applicant acknowledges that it may have suffered, or may suffer, damages and other injuries that are unknown to it, or unknowable to it, at the time of its execution of this Agreement. Such fact notwithstanding, Applicant agrees that the release provided herein shall apply to such unknown
Administrative Review Record - Aqua Tergere, LLC
or unknowable claims and damages. Without limiting the generality of the foregoing, Applicant acknowledges the provisions of California Civil Code Section 1542, which provide:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Applicant hereby waives, to the maximum legal extent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect. Initials
I CERTIFY THAT I HAVE READ AND UNDERSTAND THIS AND AGREE ON BEHALF OF MYSELF AND MY COMPANY, REPRESENTATIVES, SUCCESSORS AND ASSIGNS.
APPLICANT'S SIGNATURE
DATE
**FOR STAFF USE ONLY**
APPLICATION RECEIVED PLAN CHECK REQUEST PLAN SUBMITTED PLAN CHECK DUE Prelim Plan Review
1st Plan Check
2nd Plan Check
3rd Plan Check
Building
Electrical
Plumbing
Structural
Grading
PRELIM INSPECTION PRELIM INSPECTION
DATE
INITIAL INSPECTION
DATE
FINAL INSPECTION
DATE
Building
Fire
Safety
Other
1st
2nd
3rd
Administrative Review Record - Aqua Tergere, LLC
DINING DOWNLIGHTS KITCHEN
SCALE:
CONCEPTUAL LIGHTING CONTROL DIAGRAM 1 NTS
SCALE:
CONCEPTUAL LIGHTING CONTROL DIAGRAM 1 NTS
SCALE:
CONCEPTUAL LIGHTING CONTROL DIAGRAM 1 NTS
SCALE:
CONCEPTUAL LIGHTING CONTROL DIAGRAM 1 NTS
D
F
E0.0
ELECTRICALSPECIFICATIONS
TME OA
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
Administrative Review Record - Aqua Tergere, LLC
E0.1
T24(INDOOR LIGHTING)
TME OA
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
Administrative Review Record - Aqua Tergere, LLC
E0.2
T24(OUTDOOR LIGHTING)
TME OA
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
Administrative Review Record - Aqua Tergere, LLC
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
ELECTRICAL SITE PLAN
1" = 10'-0"
NORTH
E1.0
ELECTRICALSITE PLAN
TME OA
Administrative Review Record - Aqua Tergere, LLC
0.3 0.50.60.70.81.01.00.80.70.70.60.50.3
0.40.71.11.41.71.81.81.71.51.31.10.90.6 0.50.91.62.32.72.72.62.72.51.81.81.30.8
0.50.91.63.22.72.73.73.91.92.41.71.0 2.11.91.0
3.42.11.0 2.21.91.0
1.31.20.8 0.51.01.83.53.93.23.63.92.81.91.1
0.61.01.72.63.02.93.02.72.31.51.0 0.50.71.11.41.61.81.71.41.30.90.7
0.30.50.60.70.81.00.80.70.70.50.4 0.20.20.30.30.30.40.40.30.30.30.2
0.10.10.10.10.10.10.10.10.10.10.1 0.00.00.00.00.00.00.00.00.00.00.0
0.00.00.00.00.00.00.00.00.00.00.0 4.2
SA @ 12'
SA @ 12'
SA @ 12'
SAE @ 12'
SAE @ 12'
StatisticsDescription Symbol Avg Max Min Max/Min Avg/Min FC @ GRADE 1.1 fc 4.2 fc 0.0 fc N/A N/A
Schedule
Symbol Label Quantity Manufacturer Catalog Number Description Lamp Number Lamps Filename Lumens Per Lamp Light Loss Factor Wattage SA
3 Lithonia Lighting DSXW1 LED 20C 700 40K T4M
MVOLT
DSXW1 LED WITH (2) 10 LED LIGHT ENGINES, TYPE T4M OPTIC, 4000K, @ 700mA.
LED 1 DSXW1_LED_20C_700_
40K_T4M_MVOLT.ies
5343 0.91 45.7
SAE
2 Lithonia Lighting DSXW1 LED 20C 700 40K T4M
MVOLT ELCW
DSXW1 LED WITH (2) 10 LED LIGHT ENGINES, TYPE T4M OPTIC, 4000K, @ 700mA. WITH BATTERY PACK LED 1 DSXW1_LED_20C_700_
40K_T4M_MVOLT.ies
5343 0.91 45.7
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
EXTERIOR PHOTOMETRIC PLAN
1" = 10'-0"
NORTH
E1.1
EXTERIORPHOTOMETRIC PLAN
TME OA
SA/SAE
Administrative Review Record - Aqua Tergere, LLC
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
LIGHTING FLOOR PLAN
1/4" = 1'-0"
NORTH
8 12
6 4
2 0
E2.0
LIGHTINGFLOOR PLAN
TME OA
Administrative Review Record - Aqua Tergere, LLC
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
POWER FLOOR PLAN
1/4" = 1'-0"
NORTH
8 12
6 4
2 0
E3.0
POWERFLOOR PLAN
TME OA
Administrative Review Record - Aqua Tergere, LLC
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
E4.0
ONE LINEDIAGRAM
TME OA
Administrative Review Record - Aqua Tergere, LLC
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
E4.1
PANEL SCHEDULES
TME OA
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
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Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
CHAPTER 5
NONRESIDENTIAL MANDATORY MEASURES
SECTION 5.101 GENERAL
5.101.1 Scope
The provisions of this chapter outline planning, design and development methods that include environmentally responsible site selection, building design, building siting and development to protect, restore and enhance the environmental quality of the site and respect the integrity of adjacent properties.
DIVISION 5.1 PLANNING AND DESIGN
2013 CALIFORNIA GREEN BUILDING STANDARDS CODE
NONRESIDENTIAL MANDATORY MEASURES, SHEET 1 (INCLUDING JANUARY 1, 2017 ERRATA)
INSPECTOR
SIGNOFF
SECTION 5.102 DEFINITIONS
5.102.1 DEFINITIONS
The following terms are defined in Chapter 2 (and are included here for reference) CUTOFF LUMINAIRES. Luminaires whose light distribution is such that the candela per 1000 lamp lumens does not numerically exceed 25 (2.5 percent) at an angle of 90 degrees above nadir, and 100 (10 percent) at a vertical angle of 80 degrees above nadir. This applies to all lateral angles around the luminaire.
LOW-EMITTING AND FUEL EFFICIENT VEHICLES.Eligible vehicles are limited to the following:
1. Zero emission vehicle (ZEV), including neighborhood electric vehicles (NEV), partial zero emission vehicle (PZEV), advanced technology PZEV (AT ZEV) or CNG fueled (original equipment manufacturer only) regulated under Health and Safety Code section 43800 and CCR, Title 13, Sections 1961 and 1962.
2. High-efficiency vehicles, regulated by U.S. EPA, bearing High-Occupancy Vehicle (HOV) car pool lane stickers issued by the Department of Motor Vehicles.
NEIGHBORHOOD ELECTRIC VEHICLE (NEV). A motor vehicle that meets the definition of "low-speed vehicle" either in Section 385.5 of the Vehicle Code or in 49CFR571.500 (as it existed on July 1, 2000), and is certified to zero-emission vehicle standards.TENANT-OCCUPANTS. Building occupants who inhabit a building during its normal hours of operation as permanent occupants, such as employees, as distinguished from customers and other transient visitors.
VANPOOL VEHICLE. Eligible vehicles are limited to any motor vehicle, other than a motortruck or truck tractor, designed for carrying more than 10 but not more than 15 persons including the driver, which is maintained and used primarily for the nonprofit work-related transportation of adults for the purpose of ridesharing.
Note: Source: Vehicle Code, Division 1, Section 668
ZEV. Any vehicle certified to zero-emission standards.
SECTION 5.106 SITE DEVELOPMENT
5.106.1 STORM WATER POLLUTION PREVENTION. Newly constructed projects and additions which disturb less than one acre of land shall prevent the pollution of storm water runoff from the construction activities through one or more of the following measures:
5.106.1.1 Local ordinance. Comply with a lawfully enacted storm water management and/or erosion control ordinance.
5.106.1.2 Best Management Practices (BMP). Prevent the loss of soil through wind or water erosion by implementing an effective combination of erosion and sediment control and good housekeeping BMP.
1. Soil loss BMP that should be considered for each project include, but are not limited to, the following:
a. Scheduling construction activity.
b. Preservation of natural features, vegetation and soil. c. Drainage swales or lined ditches to control stormwater flow.d. Mulching or hydroseeding to stabilize disturbed soils.e. Erosion control to protect slopes. f. Protection of storm drain inlets (gravel bags or catch basin inserts). g. Perimeter sediment control (perimeter silt fence, fiber rolls). h. Sediment trap or sediment basin to retain sediment on site.i. Stabilized construction exits. j. Wind erosion control.
k. Other soil loss BMP acceptable to the enforcing agency.
2. Good housekeeping BMP to manage construction equipment, materials and wastes that should be considered for implementation as appropriate for each project include, but are not limited to, the following:
a. Material handling and waste management.
b. Building materials stockpile management.
c. Management of washout areas (concrete, paints, stucco, etc.).d. Control of vehicle/equipment fueling to contractor's staging area.e. Vehicle and equipment cleaning performed off site. f. Spill prevention and control.
g. Other housekeeping BMP acceptable to the enforcing agency.
DIVISION 5.2 ENERGY EFFICIENCY
SECTION 5.201 GENERAL5.201.1 Scope [BSC-CG]. California Energy Code [DSA-SS]. For the purposes of mandatory energy efficiency standards in this code, the California Energy Commission will continue to adopt mandatory building standards.
DIVISION 5.3 WATER EFFICIENCY AND CONSERVATION
SECTION 5.301 GENERAL5.301.1 Scope. The provisions of this chapter shall establish the means of conserving water use indoors, outdoors and in wastewater conveyance.
SECTION 5.302 DEFINITIONS5.302.1 Definitions. The following terms are defined in Chapter 2 (and are included here for reference) EVAPOTRANSPIRATION ADJUSTMENT FACTOR (ETAF) [DSA-SS]. An adjustment factor when applied to reference evapotranspiration that adjusts for plant factors and irrigation efficiency, which ae two major influences on the amount of water that needs to be applied to the landscape.
FOOTPRINT AREA [DSA-SS]. The total area of the furthest exterior wall of the structure projected to natural grade, not including exterior areas such as stairs, covered walkways, patios and decks.
METERING FAUCET. A self-closing faucet that dispenses a specific volume of water for each actuation cycle. The volume or cycle duration can be fixed or adjustable.
GRAYWATER. Pursuant to Health and Safety Code Section 17922.12, "graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthybodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines and laundry tubs, but does not include waste water from kitchen sinks or dishwashers.
MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO). The California ordinance regulating landscape design, installation and maintenance practices that will ensure commercial, multifamily and other developer installed landscapes greater than 2500 square feet meet an irrigation water budget developed based on landscaped area and climatological parameters.
MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO). [HCD] The California model ordinance (California Code of Regulations, Title 23, Division 2, Chapter 2.7), regulating landscape design, installation andmaintenance practices. Local agencies are required to adopt the updated MWELO, or adopt a local ordinance at least as effective as the MWELO.
POTABLE WATER. Water that is drinkable and meets the U.S. Environmental Protection Agency (EPA) Drinking Water Standards. See definition in the California Plumbing Code, Part 5.
POTABLE WATER. [HCD] Water that is satisfactory for drinking, culinary, and domestic puroses, and meets the U.S.
Environmental Protection Agency (EPA) Drinking Water Standards and the requirements of the Health Authority Having Jurisdiction.
RECYCLED WATER. Water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur [Water Code Section 13050 (n)]. Simply put, recycled water is water treated to remove waste matter attaining a quality that is suitable to use the water again.
SUBMETER. A meter installed subordinate to a site meter. Usually used to measure water intended for one purpose,such as landscape irrigation. For the purposes of CALGreen, a dedicated meter may be considered a submeter.
WATER BUDGET. Is the estimated total landscape irrigation water use which shall not exceed the maximum appliedwater allowance calculated in accordance with the Department of Water Resources Model Efficient Landscape Ordinance (MWELO).5.303.3 WATER CONSERVING PLUMBING FIXTURES AND FITTINGS. Plumbing fixtures (water closets and urinals) and fittings (faucets and showerheads) shall comply with the following:
5.303.3.1 Water Closets. The effective flush volume of all water closets shall not exceed 1.28 gallons per flush. Tank-type water closets shall be certified to the performance criteria of the U.S. EPA WaterSense Specification for Tank-Type toilets.
Note: The effective flush volume of dual flush toilets is defined as the composite, average flush volume of two reduced flushes and one full flush.
5.303.3.2 Urinals. The effective flush volume of urinals shall not exceed 0.5 gallons per flush.5.303.3.3 Showerheads.
5.303.3.3.1 Single showerhead. Showerheads shall have a maximum flow rate of not more than 2.0 gallons per minute at 80 psi. Showerheads shall be certified to the performance criteria of the U.S. EPA WaterSense Specification for Showerheads.
5.303.3.3.2 Multiple showerheads serving one shower. When a shower is served by more than one showerhead, the combined flow rate of all the showerheads and/or other shower outlets controlled by a single valve shall not exceed 2.0 gallons per minute at 80 psi, or the shower shall be designed to allow only one shower outlet to be in operation at a time.
Note: A hand-held shower shall be considered a showerhead.
5.303.3.4 Faucets and fountains.
5.303.3.4.1 Nonresidential Lavatory faucets. Lavatory faucets shall have a maximum flow rate of not more than 0.5 gallons per minute at 60 psi.
5.303.3.4.2 Kitchen faucets. Kitchen faucets shall have a maximum flow rate of not more than 1.8 gallons per minute at 60 psi. Kitchen faucets may temporarily increase the flow above the maximum rate, but not to exceed 2.2 gallons per minute at 60 psi, and must default to a maximum flow rate of 1.8 gallonsper minute at 60 psi.
5.303.3.4.3 Wash fountains. Wash fountains shall have a maximum flow rate of not more than1.8 gallons per minute/20 [rim space (inches) at 60 psi].
5.303.3.4.4 Metering faucets. Metering faucets shall not deliver more than 0.20 gallons per cycle.5.303.3.4.5 Metering faucets for wash fountains. Metering faucets for wash fountains shall have a maximum flow rate of not more than 0.20 gallons per minute/20 [rim space (inches) at 60 psi].
Note: Where complying faucets are unavailable, aerators or other means may be used to achieve reduction.
5.303.4 COMMERCIAL KITCHEN EQUIPMENT.
5.303.4.1 Food Waste Disposers. Disposers shall either modulate the use of water to no more than 1 gpm when the disposer is not in use (not actively grinding food waste/no-load) or shall automatically shut off after no more than 10 minutes of inactivity. Disposers shall use no more than 8 gpm of water.
Note: This code section does not affect local jurisdiction authority to prohibit or require disposer installation.
5.303.5 AREAS OF ADDITION OR ALTERATION. For those occupancies within the authority of the California Building Standards Commission as specified in Section 103, the provisions of Section 5.303.3 and 5.303.4 shall apply to new fixtures in additions or areas of alteration to the building.
5.303.6 STANDARDS FOR PLUMBING FIXTURES AND FITTINGS. Plumbing fixtures and fittings shall be installed in accordance with the California Plumbing Code, and shall meet the applicable standards referenced in Table 1701.1 of the California Plumbing Code and in Chapter 6 of this code.
5.106.5.2.1 - Parking stall marking. Paint, in the paint used for stall striping, the following characters such that the lower edge of the last word aligns with the end of the stall striping and is visible beneath a parked vehicle: CLEAN AIR / VAN POOL / EV Note: Vehicles bearing Clean Air Vehicle stickers from expired HOV lane programs may be considered eligible for designated parking spaces.
5.106.5.3 Electric vehicle (EV) charging. [N] Construction shall comply with Section 5.106.5.3.1 or Section 5.106.5.3.2 to facilitate future installation of electric vehicle supply equipment (EVSE).
When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Energy Commission (CEC) and as follows:
5.106.5.3.1 Single charging space requirements. [N] When only a single charging space is required per Table 5.106.5.3.3, a raceway is required to be installed at the time of construction and shall be installed in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:
1. The type and location of the EVSE.
2. A listed raceway capable of accommodating a 208/240 -volt dedicated branch circuit.
3. The raceway shall not be less than trade size 1."
4. The raceway shall originate at a service panel or a subpanel serving the area, and shall terminate in close proximity to the proposed location of the charging equipment and listed suitable cabinet, box, enclosure or equivalent.
5. The service panel or subpanel shall have sufficient capacity to accommodate a minimum 40-ampere dedicated branch circuit for the future installation of the EVSE.
5.106.5.3.2 Multiple charging space requirements. [N] When multiple charging spaces are required per Table 5.106.5.3.3 raceway(s) is/are required to be installed at the time of construction and shall be installed in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:
1. The type and location of the EVSE.
2. The raceway(s) shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the charging equipment and into listed suitable cabinet(s), box(es), enclosure(s) or equivalent.
3. Plan design shall be based upon 40-ampere minimum branch circuits.
4. Electrical calculations shall substantiate the design of the electrical system, to include the rating of equipment and any on-site distribution transformers and have sufficient capacity to simultaneously charge all required EVs at its full rated amperage.
5. The service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE.
5.106.5.3.3 EV charging space calculations. [N] Table 5.106.5.3.3 shall be used to determine if single or multiple charging space requirements apply for the future installation of EVSE.
Exceptions: On a case-by-case basis where the local enforcing agency has determined EV charging and infrastructure is not feasible based upon one or more of the following conditions:
1. Where there is insufficient electrical supply.
2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of theproject.
TABLE 5.106.5.2 - PARKING
TOTAL NUMBER OF PARKING SPACES NUMBER OF REQUIRED SPACES 0-9 0
10-25 1
25-50 3
51-75 6
76-100 8
101-150 11151-200 16
201 AND OVER AT LEAST 8% OF TOTAL
INSPECTOR
SIGNOFF
INSPECTOR
SIGNOFF
INSPECTOR
SIGNOFF
ABBREVIATION DEFINITIONS:
HCD Department of Housing and Community Development
BSC California Building Standards CommissionDSA-SS Division of the State Architect, Structural Safety OSHPD Office of Statewide Health Planning and Development LR Low Rise
HR High Rise
AA Additions and Alterations
N New
5.106.4.1.2 Long-term bicycle parking. For new buildings with 10 or more tenant-occupants or for additions or alterations that add 10 or more tenant-occupants or for additions or alterations that add 10 or more tenant vehicular parking spaces, provide secure bicycle parking for 5 percent of the tenant vehicleparking spaces being added, with a minimum of one space. Acceptable parking facilities shall be convenient from the street and shall meet one of the following:
1. Covered, lockable enclosures with permanently anchored racks for bicycles;
2. Lockable bicycle rooms with permanently anchored racks; or
3. Lockable, permanently anchored bicycle lockers.
Note: Additional information on recommended bicycle accommodations may be obtained from Sacramento Area Bicycle Advocates.
5.106.4.2 Bicycle parking. [DSA-SS] For public schools and community colleges, comply with Sections 5.106.4.2.1 and 5.106.4.2.2
5.106.4.2.1 Student bicycle parking. Provide permanently anchored bicycle racks conveniently accessed with a minimum of four two-bike capacity racks per new building.
5.106.4.2.2 Staff bicycle parking. Provide permanent, secure bicycle parking conveniently accessed with a minimum of two staff bicycle parking spaces per new building. Acceptable bicycle parking facilities shall be convenient from the street or staff parking area and shall meet one of the following:
1. Covered, lockable enclosures with permanently anchored racks for bicycles;
2. Lockable bicycle rooms with permanently anchored racks; or
3. Lockable, permanently anchored bicycle lockers.
5.106.5.2 DESIGNATED PARKING FOR CLEAN AIR VEHICLES. In new projects or additions or alterations that add 10 or more vehicular parking spaces, provide designated parking for any combination of low-emitting, fuel-efficient and carpool/van pool vehicles as follows:
5.106.4 BICYCLE PARKING. For buildings within the authority of California Building Standards Commission as specified in Section 103, comply with Section 5.106.4.1. For buildings within the authority of the Division of the State Architect pursuant to Section 105, comply with Section 5.106.4.2
5.106.4.1 Bicycle parking. [BSC-CG] Comply with Sections 5.106.4.1.1 and 5.106.4.1.2; or meet the applicable local ordinance, whichever is stricter.
5.106.4.1.1 Short-term bicycle parking. If the project or an addition or alteration is anticipated to generate visitor traffic, provide permanently anchored bicycle racks within 200 feet of the visitors' entrance, readily visible to passers-by, for 5% of new visitor motorized vehicle parking spaces being added, with a minimum of one two-bike capacity rack.
Exception: Additions or alterations which add nine or less visitor vehicular parking spaces.
SECTION 5.303 INDOOR WATER USE5.303.1 METERS. Separate submeters or metering devices shall be installed for the uses described in Sections503.1.1 and 503.1.2.
5.303.1.1 Buildings in excess of 50,000 square feet. Separate submeters shall be installed as follows:
1. For each individual leased, rented or other tenant space within the building projected to consume more than 100 gal/day (380 L/day), including, but not limited to, spaces used for laundry or cleaners, restaurant or food service, medical or dental office, laboratory, or beauty salon or barber shop.
CHAPTER 3GREEN BUILDING
SECTION 301 GENERAL301.1 SCOPE. Buildings shall be designed to include the green building measures specified as mandatory in the application checklists contained in this code. Voluntary green building measures are also included in the application checklists and may be included in the design and construction of structures covered by this code, but are not required unless adopted by a city, county, or city and county as specified in Section 101.7. 301.3 NONRESIDENTIAL ADDITIONS AND ALTERATIONS. [BSC] The provisions of individual sections of Chapter 5 apply to newly constructed buildings, building additions of 1,000 square feet or greater, and/or building alterations with a permit valuation of $200,000 or above (for occupancies within the authority of California Building Standards Commission). Code sections relevant to additions and alterations shall only apply to the portions of the building being added or altered within the scope of the permitted work.
A code section will be designated by a banner to indicate where the code section only applies to newly constructed building [N] or to additions and alterations [A]. When the code section applies to both, no banner will be used.
301.3.1 Nonresidential additions and alterations that cause updates to plumbing fixtures only:
Note: On and after January 1, 2014, certain commercial real property, as defined in Civil Code Section 1101.3, shall have its noncompliant plumbing fixtures replaced with appropriate water-conserving plumbing fixtures under specific circumstances. See Civil Code Section 1101.1 et seq. for definitions, types of commercial real property affected, effective dates, circumstances necessitating replacement of noncompliant plumbing fixtures, and duties and responsibilities for ensuring compliance.
301.3.2 Waste Diversion. The requirements of Section 5.408 shall be required for additions and alterations whenever a permit is required for work. 301.4 PUBLIC SCHOOLS AND COMMUNITY COLLEGES. (see GBSC)301.5 HEALTH FACILITIES. (see GBSC) SECTION 302 MIXED OCCUPANCY BUILDINGS302.1 MIXED OCCUPANCY BUILDINGS. In mixed occupancy buildings, each portion of a building shall comply with the specific green building measures applicable to each specific occupancy.
SECTION 303 PHASED PROJECTS303.1 Phased projects. For shell buildings and others constructed for future tenant improvements, only those code measures relevant to the building components and systems considered to be new construction (or newly constructed) shall apply.
303.1.1 Tenant improvements. The provisions of this code shall apply only to the initial tenant or occupant improvements to a project. Subsequent tenant improvements shall comply with the scoping provisions in Section 301.3 non-residential additions and alterations.
1. Calculation for spaces shall be rounded up to the nearest whole number.
5.106.5.3.4 [N] Identification. The service panel or subpanel(s) circuit directory shall identify the reserved overcurrent protective device space(s) for future EV charging as "EV CAPABLE". The raceway termination location shall be permanently and visibly marked as "EV CAPABLE".5.106.5.3.5 [N] Future charging spaces qualify as designated parking as described in Section 5.106.5.2 Designated parking for clean air vehicles.Notes:
1. The California Department of Transportation adopts and publishes the California Manual on Uniform Traffic Control Devices (California MUTCD) to provide uniform standards and specifications for all official traffic control devices in California. Zero Emission Vehicle Signsand Pavement Markings can be found in the New Policies & Directives number 13-01. www.dot.ca.gov/hq/traffops/policy/13-01.pdf.
2. See Vehicle Code Section 22511 for EV charging spaces signage in off-street parking facilities and for use of EV charging spaces.
3. The Governor's Office of Planning and Research published a Zero-Emission Vehicle Community Readiness Guidebook which provides helpful information for local governments, residents and businesses. www.opr.ca.gov/docs/ZEV_Guidebook.pdf.
TABLE 5.106.5.3.3
TOTAL NUMBER OF PARKING SPACES NUMBER OF REQUIRED SPACES 0-9 0
10-25 1
36-50 2
51-75
4 76-100 5
101-200 7
201 AND OVER 6% of total¹
5.106.8 LIGHT POLLUTION REDUCTION. [N] Outdoor lighting systems shall be designed and installed to comply with the following:
1. The minimum requirements in the California Energy Code for Lighting Zones 1-4 as defined in Chapter 10 of the California Administrative Code; and
2. Backlight, Uplight and Glare (BUG) ratings as defined in IES TM-15-11; and
3. Allowable BUG ratings not exceeding those shown in Table 5.106.8, or Comply with a local ordinance lawfully enacted pursuant to Section 101.7, whichever is more stringent.
Exceptions: [N]
1. Luminaires that qualify as exceptions in Section 140.7 of the California Energy Code.
2. Emergency lighting.
3. Building facade meeting the requirements in Table 140.7-B of the California Energy Code, Part 6.
4. Custom lighting features as allowed by the local enforcing agency, as permitted by Section 101.8 Alternate materials, designs and methods of construction.
Note: [N] See also California Building Code, Chapter 12, Section 1205.6 for college campus lighting requirements for parking facilities and walkways.
5.106.10 GRADING AND PAVING. Construction plans shall indicate how site grading or a drainage system will manage all surface water flows to keep water from entering buildings. Examples of methods to manage surface waterinclude, but are not limited to, the following:
1. Swales.
2. Water collection and disposal systems.
3. French drains.
4. Water retention gardens.
5. Other water measures which keep surface water away from buildings and aid in groundwater recharge.
Exception: Additions and alterations not altering the drainage path.
TABLE 5.106.8 [N] MAXIMUM ALLOWABLE BACKLIGHT, UPLIGHT AND GLARE (BUG) RATINGS 1,2
ALLOWABLE RATING LIGHTING ZONE
1 LIGHTING ZONE
2 LIGHTING ZONE
3 LIGHTING ZONE
4 MAXIMUM ALLOWABLEBACKLIGHT RATING 3
Luminaire greater than 2 mounting
heights (MH) from property line No Limit No Limit No Limit No Limit Luminaire back hemisphere is 1-2MH from property line B2 B3 B4 B4 Luminaire back hemisphere is 0.5-1MH from property line B1 B2 B3 B3 Luminaire back hemisphere is less
than 0.5 MH from property line B0 B0 B1 B2
MAXIMUM ALLOWABLEUPLIGHT RATING
For area lighting 4 U0 U0 U0 U0
For all other outdoor
lighting,including decorativeluminaires
U1 U2 U3 U4
MAXIMUM ALLOWABLE GLARERATING 5
Luminaire greater than 2 MH from
property line G1 G2 G3 G4
Luminaire front hemisphere is 1-2MH from property line G0 G1 G1 G2 Luminaire front hemisphere is 0.5-1MH from property line G0 G0 G1 G1 Luminaire back hemisphere is less
than 0.5 MH from property line G0 G0 G0 G1
1. IESNA Lighting Zones 0 and 5 are not applicable; refer to Lighting Zones as defined in the California Energy Code and Chapter 10 of the Callifornia Administrative Code.
2. For property lines that abut public walkways, bikeways, plazas and parking lots, the property line may be considered to be 5 feet beyond the actual property line for purpose of determining compliance with this section. For property lines that abut public roadways and public transit corridors, the property line may be considered to be the centerline of the public roadway or public transit corridor for the purpose of determining compliance with this section.
3. If the nearest property line is less than or equal to two mounting heights from the back hemisphere of the luminaire distribution, the applicable reduced Backlight rating shall be met.
4. General lighting luminaires in areas such as outdoor parking, sales or storage lots shall meet these reduced ratings. Decorative luminaires located in these areas shall meet U-value limits for "all other outdoor lighting".
5. If the nearest property line is less than or equal to two mounting heights from the front hemisphere of the luminaire distribution, the applicable reduced Glare rating shall be met.
2. Where separate submeters for individual building tenants are unfeasible, for water supplied to the following subsystems:
a. Makeup water for cooling towers where flow through is greater than 500 gpm (30 L/s). b. Makeup water for evaporative coolers greater than 6 gpm (0.04 L/s). c. Steam and hot water boilers with energy input more than 500,000 Btu/h (147 kW).
5.303.1.2 Excess consumption. A separate submeter or metering device shall be provided for any tenant within a new building or within an addition that is projected to consume more than 1,000 gal/day.
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
CG-001
CAL GREENSHEET
Administrative Review Record - Aqua Tergere, LLC
DIVISION 5.4 MATERIAL CONSERVATION AND RESOURCE
EFFICIENCY
SECTION 5.401 GENERAL5.401.1 SCOPE. The provisions of this chapter shall outline means of achieving material conservation and resource efficiency through protection of buildings from exterior moisture, construction waste diversion, employment of techniques to reduce pollution through recycling of materials, and building commissioning or testing and adjusting.
SECTION 5.402 DEFINITIONS5.402.1 DEFINITIONS. The following terms are defined in Chapter 2 (and are included here for reference) ADJUST. To regulate fluid flow rate and air patterns at the terminal equipment, such as to reduce fan speed or adjust a damper.
BALANCE. To proportion flows within the distribution system, including sub-mains, branches and terminals, according to design quantities.
BUILDING COMMISSIONING. A systematic quality assurance process that spans the entire design and construction process, including verifying and documenting that building systems and components are planned, designed, installed, tested, operated and maintained to meet the owner’s project requirements.
ORGANIC WASTE. Food waste, green waste, landscape and pruning wste, nonhazardous wood waste, and food soiled paper waste that is mixed in with food waste.
TEST. A procedure to determine quantitative performance of a system or equipment SECTION 5.407 WATER RESISTANCE AND MOISTURE MANAGEMENT5.407.1 WEATHER PROTECTION. Provide a weather-resistant exterior wall and foundation envelope as required by California Building Code Section 1403.2 (Weather Protection) and California Energy Code Section 150, (Mandatory Features and Devices), manufacturer’s installation instructions or local ordinance, whichever is more stringent.
5.407.2 MOISTURE CONTROL. Employ moisture control measures by the following methods.
5.407.2.1 Sprinklers. Design and maintain landscape irrigation systems to prevent spray on structures.5.407.2.2 Entries and openings. Design exterior entries and/or openings subject to foot traffic or wind-driven rain to prevent water intrusion into buildings as follows:
5.407.2.2.1 Exterior door protection. Primary exterior entries shall be covered to prevent water intrusion by using nonabsorbent floor and wall finishes within at least 2 feet around and perpendicular to such openings plus at least one of the following:
1. An installed awning at least 4 feet in depth.
2. The door is protected by a roof overhang at least 4 feet in depth.
3. The door is recessed at least 4 feet.
4. Other methods which provide equivalent protection.
5.407.2.2.2 Flashing. Install flashings integrated with a drainage plane.
SECTION 5.408 CONSTRUCTION WASTE REDUCTION, DISPOSAL AND
RECYCLING
5.408.1 CONSTRUCTION WASTE MANAGEMENT. Recycle and/or salvage for reuse a minimum of 65% of the non-hazardous construction and demolition waste in accordance with Section 5.408.1.1, 5.408.1.2 or 5.408.1.3; ormeet a local construction and demolition waste management ordinance, whichever is more stringent.
5.408.1.1 Construction waste management plan. Where a local jurisdiction does not have a construction and demolition waste management ordinance, submit a construction waste management plan that:
1. Identifies the construction and demolition waste materials to be diverted from disposal by efficient usage, recycling, reuse on the project or salvage for future use or sale.
2. Determines if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream).
3. Identifies diversion facilities where construction and demolition waste material collected will be taken.
4. Specifies that the amount of construction and demolition waste materials diverted shall be calculated by weight or volume, but not by both.
5.408.1.2 Waste Management Company. Utilize a waste management company that can provide verifiable documentation that the percentage of construction and demolition waste material diverted from the landfill complies with this section.
Note: The owner or contractor shall make the determination if the construction and demolition waste material will be diverted by a waste management company.
Exceptions to Sections 5.408.1.1 and 5.408.1.2:
1. Excavated soil and land-clearing debris.
2. Alternate waste reduction methods developed by working with local agencies if diversion or recycle facilities capable of compliance with this item do not exist.
3. Demolition waste meeting local ordinance or calculated in consideration of loacl recycleing facilities and markets.
5.408.1.3 Waste stream reduction alternative. The combined weight of new construction disposal that does not exceed two pounds per square foot of building area may be deemed to meet the 65% minimum requirement as approved by the enforcing agency.
5.408.1.4 Documentation. Documentation shall be provided to the enforcing agency which demonstrates compliance with Sections 5.408.1.1, through 5.408.1.3. The waste management plan shall be updated as necessary and shall be accessible during construction for examination by the enforcing agency.Notes:
1. Sample forms found in "A Guide to the California Green Building Standards Code (Nonresidential)" located at www.bsc.ca.gov/Home/CALGreen.aspx may be used to assist in documenting compliance with the waste management plan.
2. Mixed construction and demolition debris processors can be located at the California Department of Resources Recycling and Recovery (CalRecycle).
5.408.2 UNIVERSAL WASTE. [A] Additions and alterations to a building or tenant space that meet the scoping provisions in Section 301.3 for nonresidential additions and alterations, shall require verification that Universal Wasteitems such as fluorescent lamps and ballast and mercury containing thermostats as well as other California prohibited Universal Waste materials are disposed of properly and are diverted from landfills. A list of prohibited Universal Waste materials shall be included in the construction documents.
Note: Refer to the Universal Waste Rule link at:
http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/upload/OEAR-A_REGS_UWR_FinalText.pdf
5.408.3 EXCAVATED SOIL AND LAND CLEARING DEBRIS. 100 percent of trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled. For a phased project, such material may be stockpiled on site until the storage site is developed.
Exception: Reuse, either on or off-site, of vegetation or soil contaminated by disease or pest infestation.Notes:
1. If contamination by disease or pest infestation is suspected, contact the County Agricultural Commissioner and follow its direction for recycling or disposal of the material.
2. For a map of know pest and/or disease quarantine zones, consult with the California Department of Food and Agriculture. (www.cdfa.ca.gov)
DIVISION 5.5 ENVIRONMENTAL QUALITY
SECTION 5.501 GENERAL5.501.1 SCOPE. The provisions of this chapter shall outline means of reducing the quantity of air contaminants that are odorous, irritating, and/or harmful to the comfort and well-being of a building's installers, occupants and neighbors.
SECTION 5.502 DEFINITIONS5.502.1 DEFINITIONS. The following terms are defined in Chapter 2 (and are included here for reference) ARTERIAL HIGHWAY. A general term denoting a highway primarily for through traffic usually on a continuous route.A-WEIGHTED SOUND LEVEL (dBA). The sound pressure level in decibels as measured on a sound level meter using the internationally standardized A-weighting filter or as computed from sound spectral data to which A-weighting adjustments have been made.
1 BTU/HOUR. British thermal units per hour, also referred to as Btu. The amount of heat required to raise one pound of water one degree Fahrenheit per hour, a common measure of heat transfer rate. A ton of refrigeration is 12,000 Btu, the amount of heat required to melt a ton (2,000 pounds) of ice at 320 Fahrenheit.
COMMUNITY NOISE EQUIVALENT LEVEL (CNEL). A metric similar to the day-night average sound level (Ldn), except that a 5 decibel adjustment is added to the equivalent continuous sound exposure level for evening hours (7pm to 10pm) in addition to the 10 dB nighttime adjustment used in the Ldn.
COMPOSITE WOOD PRODUCTS. Composite wood products include hardwood plywood, particleboard and medium density fiberboard. “Composite wood products” does not include hardboard, structural plywood, structural panels,structural composite lumber, oriented strand board, glued laminated timber, timber, prefabricated wood I–joists or finger–jointed lumber, all as specified in California Code of Regulations (CCR), Title 17, Section 93120.1(a).
Note: See CCR, Title 17, Section 93120.1.DAY-NIGHT AVERAGE SOUND LEVEL (Ldn). The A-weighted equivalent continuous sound exposure level for a 24-hour period with a 10 dB adjustment added to sound levels occurring during nighttime hours (10p.m. to 7 a.m.).
DECIBEL (db). A measure on a logarithmic scale of the magnitude of a particular quantity (such as sound pressure, sound power, sound intensity) with respect to a reference quantity.
ELECTRIC VEHICLE (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, primarily powered by an electric motorthat draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current.
Plug-in hybrid electric vehicles (PHEV) are considered electric vehicles. For purposes of the California Electrical Code, off-road, self-propoelled electric vehicles, such as industrial trucks, hoists, lifts, transports, golf carts, airline groundsupport equipment, tractors, boats, and the like, are not included.
ELECTRIC VEHICLE CHARGING STATION(S) (EVCSj). One or more spaces intended for charging electric vehicles.ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.
ENERGY EQUIVALENT (NOISE) LEVEL (Leq). The level of a steady noise which would have the same energy as the fluctuating noise level integrated over the time of period of interest.
EXPRESSWAY. An arterial highway for through traffic which may have partial control of access, but which may or may not be divided or have grade separations at intersections.
FREEWAY. A divided arterial highway with full control of access and with grade separations at intersections.
GLOBAL WARMING POTENTIAL (GWP). The radiative forcing impact of one mass-based unit of a given greenhouse gas relative to an equivalent unit of carbon dioxide over a given period of time. Carbon dioxide is the referencecompound with a GWP of one.
GLOBAL WARMING POTENTIAL VALUE (GWP VALUE). A 100-year GWP value published by the Intergovernmental Panel on Climate Change (IPCC) in either its Second Assessment Report (SAR) (IPCC, 1995); or its Fourth Assessment A-3 Report (AR4) (IPCC, 2007). The SAR GWP values are found in column "SAR (100-yr)" of Table 2.14.; the AR4 GWP values are found in column "100 yr" of Table 2.14.
HIGH-GWP REFRIGERANT. A compound used as a heat transfer fluid or gas that is: (a) a chlorofluorocarbon, a hdrochlorofluorocarbon, a hydrofluorocarbon, a perfluorocarbon, or any compound or blend of compounds, with aGWP value equal to or greater than 150, or (B) any ozone depleting substance as defined in Title 40 of the Code of Federal Regulations, Part 82, sec.82.3 (as amended March 10, 2009).
LONG RADIUS ELBOW. Pipe fitting installed between two lengths of pipe or tubing to allow a change of direction, with a radius 1.5 times the pipe diameter.
LOW-GWP REFRIGERANT. A compound used as a heat transfer fluid or gas that: (A) has a GWP value less than 150, and (B) is not an ozone depleting substance as defined in Title 40 of the Code of Federal Regulations, Part 82,sec.82.3 (as amended March 10, 2009).
MERV. Filter minimum efficiency reporting value, based on ASHRAE 52.2–1999.MAXIMUM INCREMENTAL REACTIVITY (MIR). The maximum change in weight of ozone formed by adding a compound to the "Base REactive Organic Gas (ROG) Mixture" per weight of compound added, expressed to hundreths of a gram (g O3/g ROC).
PRODUCT-WEIGHTED MIR (PWMIR). The sum of all weighted-MIR for all ingredients in a product subject to this article. The PWMIR is the total product reactivity expressed to hundredths of a gram of ozone formed per gram of product (excluding container and packaging).
PSIG. Pounds per square inch, guage.REACTIVE ORGANIC COMPOUND (ROC). Any compound that has the potential, once emitted, to contribute to ozone formation in the troposphere.SCHRADER ACCESS VALVES. Access fittings with a valve core installed.SHORT RADIUS ELBOW. Pipe fitting installed between two lengths of pipe or tubing to allow a change of direction, with a radius 1.0 times the pipe diameter.
SUPERMARKET. For the purposes of Section 5.508.2, a supermarket is any retail food facility with 8,000 square feetor more conditioned area, and that utilizes either refrigerated display cases, or walk-in coolers or freezers connected to remote compressor units or condensing units.
VOC. A volatile organic compound broadly defined as a chemical compound based on carbon chains or rings with vapor pressures greater than 0.1 millimeters of mercury at room temperature. These compounds typically contain hydrogen and may contain oxygen, nitrogen and other elements. See CCR Title 17, Section 94508(a) .
Note: Where specific regulations are cited from different agencies such as SCAQMD, ARB, etc., the VOC definition included in that specific regulation is the one that prevails for the specific measure in question.
SECTION 5.503 FIREPLACES5.503.1 FIREPLACES. Install only a direct-vent sealed-combustion gas or sealed wood-burning fireplace, or a sealed woodstove or pellet stove, and refer to residential requirements in the California Energy Code, Title 24, Part 6, Subchapter 7, Section 150. Woodstoves, pellet stoves and fireplaces shall comply with applicable local ordinances.
5.503.1.1 Woodstoves. Woodstoves and pellet stoves shall comply with U.S. EPA New Source Performance Standards (NSPS) emission limits as applicable, and shall have a permanent label indicating they are certified to meet the emission limits.
SECTION 5.504 POLLUTANT CONTROL5.504.1 TEMPORARY VENTILATION. The permanent HVAC system shall only be used during construction if necessary to condition the building or areas of addition or alteration within the required temperature range for material and equipment installation. If the HVAC system is used during construction, use return air filters with a Minimum Efficiency Reporting Value (MERV) of 8, based on ASHRAE 52.2-1999, or an average efficiency of 30% based on ASHRAE 52.1-1992 Replace all filters immediately prior to occupancy, or, if the building is occupied during alteration, at the conclusion of construction.
5.504.3 Covering of duct openings and protection of mechanical equipment during construction. At the time of rough installation, or during storage on the construction site and until final startup of the heating, cooling and ventilating equipment, all duct and other related air distribution component openings shall be covered with tape, plastic, sheet metal or other methods acceptable to the enforcing agency to reduce the amount of dust, water and debris which may collect in the system.
5.410.2.1 Owner's or Owner Representative's Project Requirements (OPR). [N] The expectations and requirements of the building appropriate to its phase shall be documented before the design phase of the project begins. This documentation shall include the following:
1. Environmental and sustainability goals.
2. Energy efficiency goals.
3. Indoor environmental quality requirements.
4. Project program, including facility functions and hours of operation, and need for after hours operation.
5. Equipment and systems expectations.
6. Building occupant and operation and maintenance (O&M) personnel expectations.
5.410.2.2 Basis of Design (BOD). [N] A written explanation of how the design of the building systems meets the OPR shall be completed at the design phase of the building project. The Basis of Design document shall cover the following systems:
1. Heating, ventilation, air conditioning (HVAC) systems and controls.
2. Indoor lighting system and controls.
3. Water heating system.
4. Renewable energy systems.
6. Water reuse systems.
5.410.2.3 Commissioning plan. [N] Prior to permit issuance a commissioning plan shall be completed to document how the project will be commissioned. The commissioning plan shall include the following:
1. General project information.
2. Commissioning goals.
3. Systems to be commissioned. Plans to test systems and components shall include:
a. An explanation of the original design intent.
b. Equipment and systems to be tested, including the extent of tests. c. Functions to be tested.d. Conditions under which the test shall be performed.e. Measurable criteria for acceptable performance.
4. Commissioning team information.
5. Commissioning process activities, schedules and responsibilities. Plans for the completion of commissioning shall be included.
5.410.2.4 Functional performance testing. [N] Functional performance tests shall demonstrate the correct installation and operation of each component, system and system-to-system interface in accordance with the approved plans and specifications. Functional performance testing reports shall contain information addressingeach of the building components tested, the testing methods utilized, and include any readings and adjustments made.
INSPECTOR
SIGNOFF
INSPECTOR
SIGNOFF
INSPECTOR
SIGNOFF
INSPECTOR
SIGNOFF
5.410.2.6 Commissioning report. [N] A report of commissioning process activities undertaken through the design and construction phases of the building project shall be completed and provided to the owner or representative.
5.410.4 TESTING AND ADJUSTING. Testing and adjusting of systems shall be required for buildings less than 10,000 square feet or new systems to serve an addition or alteration subject to Section 303.1.
5.410.4.2 Systems. Develop a written plan of procedures for testing and adjusting systems. Systems to be included for testing and adjusting shall include at a minimum, as applicable to the project:
1. HVAC systems and controls.
2. Indoor and outdoor lighting and controls.
3. Water heating systems.
4. Renewable energy systems.
5. Landscape irrigation systems.
6. Water reuse systems.
5.410.4.3 Procedures. Perform testing and adjusting procedures in accordance with manufacturer's specifications and applicable standards on each system.
5.410.4.3.1 HVAC balancing. In addition to testing and adjusting, before a new space-conditioning system serving a building or space is operated for normal use, the system shall be balanced in accordance with the procedures defined by the Testing Adjusting and Balancing Bureau National Standards; the National Environmental Balancing Bureau Procedural Standards; Associated Air Balance Council National Standards or as approved by the enforcing agency.
5.410.4.4 Reporting. After completion of testing, adjusting and balancing, provide a final report of testing signed by the individual responsible for performing these services.
5.410.4.5 Operation and maintenance (O & M) manual. Provide the building owner or representative with detailed operating and maintenance instructions and copies of guaranties/warranties for each system. O & M instructions shall be consistent with OSHA requirements in CCR, Title 8, Section 5142, and other related regulations.
5.410.4.5.1 Inspections and reports. Include a copy of all inspection verifications and reports required by the enforcing agency.
2013 CALIFORNIA GREEN BUILDING STANDARDS CODE
NONRESIDENTIAL MANDATORY MEASURES, SHEET 2 (INCLUDING JANUARY 1, 2017 ERRATA) SECTION 5.410 BUILDING MAINTENANCE AND OPERATIONS5.410.1 RECYCLING BY OCCUPANTS. Provide readily accessible areas that serve the entire building and are identified for the depositing, storage and collection of non-hazardous materials for recycling, including (at a minimum)paper, corrugated cardboard, glass, plastics, organic waste, and metals or meet a lawfully enacted local recycling ordinance, if more restrictive.
Exception: Rural jurisdictions that meet and apply for the exemption in Public Resources Code 42649.82 (a)(2)(A) et seq. shall also be exempt from the organic waste portion of this section.
5.410.1.1 Additions. All additions conducted within a 12-month period under single or multiple permits, resulting in an increase of 30% or more in floor area, shall provide recycling areas on site.Exception: Additions within a tenant space resulting in less than a 30% increase in the tenant space floor area.
5.410.1.2 Sample ordinance. Space allocation for recycling areas shall comply with Chapter 18, Part 3, Division 30 of the Public Resources Code. Chapter 18 is known as the California Solid Waste Reuse and Recycling Access Act of 1991 (Act).
Note: A sample ordinance for use by local agencies may be found in Appendix A of the document at the CalRecycle’s web site.
5.410.2 COMMISSIONING. [N] For new buildings 10,000 square feet and over, building commissioning shall be included in the design and construction processes of the building project to verify that the building systems and components meet the owner’s or owner representative’s project requirements. Commissioning shall be performed inaccordance with this section by trained personnel with experience on projects of comparable size and complexity. Alloccupancies other than I-occupancies and L-occupancies shall comply with the California Energy Code as prescribed in California Energy Code Section 120.8. For I-occupancies that are not regulated by OSHPD or for I-occupancies and L-occupancies that are not regulated by the California Energy Code Section 100.0 Scope, all requirements in Sections
5.410.2 through 5.410.2.6 shall apply.
Commissioning requirements shall include:
1. Owner’s or Owner representative’s project requirements.
2. Basis of design.
3. Commissioning measures shown in the construction documents.
4. Commissioning plan.
5. Functional performance testing.
6. Documentation and training.
7. Commissioning report.
Exceptions:
1. Unconditioned warehouses of any size.
2. Areas less than 10,000 square feet used for offices or other conditioned accessory spaces within unconditioned warehouses.
3. Tenant improvements less than 10,000 square feet as described in Section 303.1.1.
4. Open parking garages of any size, or open parking garage areas, of any size, within a structure.
Note: For the purposes of this section, unconditioned shall mean a building, area, or room which does not provide heating and or air conditioning.Informational Notes:
1. IAS AC 476 is an accreditation criteria for organizations providing training and/or certification of commissioning personnel. AC 476 is available to the Authority Having Jurisdiction as a reference for qualifications of commissioning personnel. AC 476 des not certify individuals to conduct functional performance tests or to adjust and balance systems.
2. Functional performance testing for heating, ventilation, air conditioning systems and lighting controls must be performed in compliance with the California Energy Code.
5.410.2.5 Documentation and training. [N] A Systems Manual and Systems Operations Training are required, including Occupational Safety and Health Act (OSHA) requirements in California Code of Regulations (CCR), Title 8, Section 5142, and other related regulations.
5.410.2.5.1 Systems manual. [N] Documentation of the operational aspects of the building shall be completed within the systems manual and delivered to the building owner or representative. The systems manual shall include the following:
1. Site information, including facility description, history and current requirements.
2. Site contact information.
3. Basic operations and maintenance, including general site operating procedures, basic troubleshooting, recommended maintenance requirements, site events log.
4. Major systems.
5. Site equipment inventory and maintenance notes.
6. A copy of verifications required by the enforcing agency or this code.
7. Other resources and documentation, if applicable.
5.410.2.5.2 Systems operations training. [N] A program for training of the appropriate maintenance staff for each equipment type and/or system shall be developed and documented in the commissioning report and shall include the following:
1. System/equipment overview (what it is, what it does and with what other systems and/or equipment it interfaces).
2. Review and demonstration of servicing/preventive maintenance.
3. Review of the information in the Systems Manual.
4. Review of the record drawings on the system/equipment.
SECTION 5.304 OUTDOOR WATER USE5.304.1 SCOPE. The provisions of Section 5.304, Outdoor Water Use reference the mandatory Model Water Efficiency Landscape Ordinance (MWELO) contained within Chapter 2.7, Division 2, Title 23, California Code of Regulations.
5.304.2 OUTDOOR WATER USE IN LANDSCAPE AREAS EQUAL TO OR GREATER THAN 500 SQUARE FEET.
When water is used for outdoor irrigation for new construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review, one of the followingshall apply:
1. A local water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the updated model ordinance adopted by the Department of Water Resouces (DWR) per Government Code Section 65595(c).
2. The California Department of Water Resources Model Water Efficient Landscape Ordinance (MWELO) commencing with Section 490 of Chapter 2.7, Division 2, Title 23, California Code of Regulations.
5.304.3 OUTDOOR WATER USE IN REHABILITATED LANDSCAPE PROJECTS EQUAL TO OR GREATER THAN 2,500 SQUARE FEET. Rehabilitated landscape project with an aggregate landscape area equal to or greater than2.500 square feet requiring a building or landscape permit, plan check, or design review shall comply with Section
5.304.2, Item 1 or 2.5.304.4 OUTDOOR WATER USE IN LANDSCAPE AREAS OF 2,500 SQUARE FEET OR LESS. Any project with an aggregate area of 2,500 square feet of less may comply with the performance requirements of MWELO or conform to the prescriptive compliance measures contained in MWELO's Appendix D.
5.304.5 GRAYWATER OR RAINWATER USE IN LANDSCAPE AREAS. For projects using treated or untreated graywater or rainwater captured on site, any lot or parcet within the project that has less than 2,500 square feet of landscape and meets the lot or parcel's landscape water requirement (Estimate Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D Section (5).
Notes:
1. DWR's Model Water Efficient Landscape Ordinance, definitions and supporting documents are available at the following link: http://water.ca.gov/wateruseefficiency/landscapeordinance/
2. A water budget calculator is available at the following link:
http://water.ca.gov/wateruseefficiency/landscapeordinance/
3. The MWELO prescriptive compliance measure Appendix D may be found at the following link:
http://water.ca.gov/wateruseefficiency/landscapeordinance/ In addition, a copy of MWELO Appendix D may be found in Chapter 8 of this code.
5.304.6 OUTDOOR POTABLE WATER USE IN LANDSCAPE AREAS [DSA-SS]. For public schools and community colleges, landscape projects as described in Sections 5.304.6.1 and 5.304.6.2 shall comply with the California Department of Water Resoucres Model Water Efficient Landscape Ordinance (MWELO) commencing with Section 490 of Chapter 2.7, Division 2, Title 23, California Code of Regulations, except that the evapotranspiration adjustment factor (ETAF) shall be 0.65 with an additional water allowance for special landscape areas (SLA) of 0.35.
Exception: Any project with an aggregate landscape area of 2,500 square feet or less may comply with the prescriptive measures contained in Appendix D of MWELO.
5.304.6.1 Newly constructed landscapes. [DSA-SS] New construction projects with an aggregate landscape area equal to or greater than 500 square feet.
5.304.6.2 Rehabilitated landscapes. [DSA-SS] Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 1,200 square feet.
5.304.3 IRRIGATION DESIGN. In new nonresidential construction with at least 1,000 but not more than 2,500 square feet of cumulative landscaped area (the level at which the MWELO applies), install irrigation controllers and sensorswhich include the following criteria, and meet manufacturer's recommendations.
5.304.3.1 Irrigation controllers. Automatic irrigation system controllers installed at the time of final inspectionshall comply with the following:
1. Controllers shall be weather- or soil moisture-based controllers that automatically adjust irrigation in response to changes in plants’ needs as weather conditions change.
2. Weather-based controllers without integral rain sensors or communication systems that account for local rainfall shall have a separate wired or wireless rain sensor which connects or communicates with the controller(s). Soil moisture-based controllers are not required to have rain sensor input.
Note: More information regarding irrigation controller function and specifications is available from the Irrigation Association.
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
CG-002
CAL GREENSHEET
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
ROLL-UP
DOOR
CMU WALL
ROLL-UP OPENING
DOOR
SCALE: 1/4" = 1'-0"
BUILDING B EAST ELEVATION 2
0' 2' 4' 8' 16'
SCALE: 1/4" = 1'-0"
BUILDING B NORTH ELEVATION 1
0' 2' 4' 8' 16'
SCALE: 1/4" = 1'-0"
BUILDING B WEST ELEVATION 3
0' 2' 4' 8' 16'
SCALE: 1/4" = 1'-0"
BUILDING B SOUTH ELEVATION 4
0' 2' 4' 8' 16'
SHEET TITLE
DATE
SHEET NUMBER
SCALE
PROJECT NAMEPROJECT ADDRESS:
8208 Atlantic Ave. Cudahy, CA
ELEVATION
A3.01
12.04.17 AS NOTED
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
SECURED WASTE
STORED HERE
Administrative Review Record - Aqua Tergere, LLC
System RTU - 1 Input Data
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:13PM
1. General Details:
Air System Name System RTU - 1
Equipment Class Packaged Rooftop Units
Air System Type Single Zone CAV
Number of zones 1
2. System Components:
Ventilation Air Data:
Airflow Control Constant Ventilation Airflow
Ventilation Sizing Method Sum of Space OA Airflows
Unocc. Damper Position Closed
Damper Leak Rate 1 %
Outdoor Air CO2 Level 400 ppm
Central Cooling Data:
Supply Air Temperature 58.0 °F
Coil Bypass Factor 0.100
Cooling Source Air-Cooled DX
Schedule JFMAMJJASOND
Capacity Control Cycled or Staged Compressor - Fan On
Central Heating Data:
Supply Temperature 110.0 °F
Heating Source Electric Resistance
Schedule JFMAMJJASOND
Capacity Control Cycled or Staged Compressor - Fan On
Supply Fan Data:
Fan Type Forward Curved
Configuration Draw-thru
Fan Performance 0.50 in wg
Overall Efficiency 54 %
Duct System Data:
Supply Duct Data:
Duct Heat Gain 3 %
Duct Leakage 3 %
Return Duct or Plenum Data:
Return Air Via Ducted Return
3. Zone Components:
Space Assignments:
Zone 1: Zone 1
Whole Commercial Area x1
Thermostats and Zone Data:
Zone All
Cooling T-stat: Occ. 72.0 °F
Cooling T-stat: Unocc. 85.0 °F
Heating T-stat: Occ. 60.0 °F
Heating T-stat: Unocc. 60.0 °F
T-stat Throttling Range 3.00 °F
Diversity Factor 100 %
Direct Exhaust Airflow 0.0 CFM
Direct Exhaust Fan kW 0.0 kW
Thermostat Schedule Schedule 2
Unoccupied Cooling is Available
Supply Terminals Data:
Zone All
Terminal Type Diffuser
Minimum Airflow 0.00 CFM/person
Zone Heating Units:
Zone All
Zone Heating Unit Type None
Zone Unit Heat Source Electric Resistance
Hourly Analysis Program v.4.2 Page 1 of 2
5-01-2018
Administrative Review Record - Aqua Tergere, LLC
System RTU - 1 Input Data
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:13PM
Zone Heating Unit Schedule JFMAMJJASOND
4. Sizing Data (Computer-Generated):
System Sizing Data:
Cooling Supply Temperature 58.0 °F
Supply Fan Airflow 2567.8 CFM
Ventilation Fan Airflow 320.0 CFM
Heating Supply Temperature 110.0 °F
Hydronic Sizing Specifications:
Chilled Water Delta-T 10.0 °F
Hot Water Delta-T 20.0 °F
Safety Factors:
Cooling Sensible 10 %
Cooling Latent 10 %
Heating 10 %
Zone Sizing Data:
Zone Airflow Sizing Method Sum of space airflow rates
Space Airflow Sizing Method Individual peak space loads Zone Supply Airflow Zone Htg Unit Reheat Coil -
(CFM) (MBH) (MBH) (CFM)
1 2490.8 - -
5. Equipment Data
Central Cooling Unit - Air-Cooled DX
Estimated Maximum Load 48.2 MBH
Design OAT 95.0 °F
Gross Cooling Capacity 1.0 MBH
Compressor & OD Fan Power 1.00 kW
Conventional Cutoff OAT 55.0 °F
Low Temperature Operation Not used
Hourly Analysis Program v.4.2 Page 2 of 2
Administrative Review Record - Aqua Tergere, LLC
Air System Sizing Summary for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
Air System Information
Air System Name System RTU - 1
Equipment Class PKG ROOF
Air System Type SZCAV
Number of zones 1
Floor Area 2550.0 ft²
Location Los Angeles LAX, California
Sizing Calculation Information
Zone and Space Sizing Method:
Zone CFM Sum of space airflow rates
Space CFM Individual peak space loads
Calculation Months Jan to Dec
Sizing Data Calculated
Central Cooling Coil Sizing Data
Total coil load 4.0 Tons
Total coil load 48.2 MBH
Sensible coil load 44.6 MBH
Coil CFM at Jul 1400 2568 CFM
Max block CFM 2568 CFM
Sum of peak zone CFM 2568 CFM
Sensible heat ratio 0.926
ft²/Ton 634.9
BTU/(hr-ft²) 18.9
Water flow @ 10.0 °F rise N/A
Load occurs at Jul 1400
OA DB / WB 90.7 / 69.9 °F
Entering DB / WB 75.9 / 64.8 °F
Leaving DB / WB 59.7 / 58.6 °F
Coil ADP 57.9 °F
Bypass Factor 0.100
Resulting RH 58 %
Design supply temp. 58.0 °F
Zone T-stat Check 1 of 1 OK
Max zone temperature deviation 0.0 °F
Central Heating Coil Sizing Data
Max coil load 8.6 MBH
Coil CFM at Des Htg 2568 CFM
Max coil CFM 2568 CFM
Water flow @ 20.0 °F drop N/A
Load occurs at Des Htg
BTU/(hr-ft²) 3.4
Ent. DB / Lvg DB 57.8 / 60.9 °F
Supply Fan Sizing Data
Actual max CFM 2568 CFM
Standard CFM 2553 CFM
Actual max CFM/ft² 1.01 CFM/ft²
Fan motor BHP 0.37 BHP
Fan motor kW 0.28 kW
Fan static 0.50 in wg
Outdoor Ventilation Air Data
Design airflow CFM 320 CFM
CFM/ft² 0.13 CFM/ft²
CFM/person 32.00 CFM/person
Hourly Analysis Program v.4.2 Page 1 of 1
Administrative Review Record - Aqua Tergere, LLC
Space Design Load Summary for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
TABLE 1.1.A. COMPONENT LOADS FOR SPACE '' Whole Commercial Area '' IN ZONE '' Zone 1 ''
DESIGN COOLING DESIGN HEATING
COOLING DATA AT Jul 1500 HEATING DATA AT DES HTG
COOLING OA DB / WB 91.0 °F / 70.0 °F HEATING OA DB / WB 43.0 °F / 36.1 °F OCCUPIED T-STAT 72.0 °F OCCUPIED T-STAT 60.0 °F
Sensible Latent Sensible Latent
SPACE LOADS Details (BTU/hr) (BTU/hr) Details (BTU/hr) (BTU/hr) Window & Skylight Solar Loads 0 ft² 0 - 0 ft² - -
Wall Transmission 2158 ft² 3325 - 2158 ft² 1690 -
Roof Transmission 2550 ft² 6167 - 2550 ft² 1363 -
Window Transmission 0 ft² 0 - 0 ft² 0 -
Skylight Transmission 0 ft² 0 - 0 ft² 0 -
Door Loads 42 ft² 974 - 42 ft² 281 -
Floor Transmission 0 ft² 0 - 0 ft² 0 -
Partitions 0 ft² 0 - 0 ft² 0 -
Ceiling 0 ft² 0 - 0 ft² 0 -
Overhead Lighting 3856 W 13155 - 0 0 -
Task Lighting 893 W 3045 - 0 0 -
Electric Equipment 1275 W 4350 - 0 0 -
People 10 2800 2700 0 0 0
Infiltration - 0 0 - 0 0
Miscellaneous - 0 0 - 0 0
Safety Factor 10% / 10% 3382 270 10% 333 0
>> Total Zone Loads - 37198 2970 - 3667 0
TABLE 1.1.B. ENVELOPE LOADS FOR SPACE '' Whole Commercial Area '' IN ZONE '' Zone 1 ''
COOLING COOLING HEATING
Area U-Value Shade TRANS SOLAR TRANS
(ft²) (BTU/(hr-ft²-°F)) Coeff. (BTU/hr) (BTU/hr) (BTU/hr)
N EXPOSURE
WALL 394 0.046 - 434 - 309
DOOR 14 0.300 - 72 - 71
DOOR GLASS 7 0.580 0.880 69 163 69
E EXPOSURE
WALL 685 0.046 - 1327 - 536
S EXPOSURE
WALL 415 0.046 - 612 - 325
W EXPOSURE
WALL 664 0.046 - 952 - 520
DOOR 14 0.300 - 72 - 71
DOOR GLASS 7 0.580 0.880 69 530 69
H EXPOSURE
ROOF 2550 0.031 - 6167 - 1363
Hourly Analysis Program v.4.2 Page 1 of 1
Administrative Review Record - Aqua Tergere, LLC
Air System Design Load Summary for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
DESIGN COOLING DESIGN HEATING
COOLING DATA AT Jul 1500 HEATING DATA AT DES HTG
COOLING OA DB / WB 91.0 °F / 70.0 °F HEATING OA DB / WB 43.0 °F / 36.1 °F Sensible Latent Sensible Latent
ZONE LOADS Details (BTU/hr) (BTU/hr) Details (BTU/hr) (BTU/hr) Window & Skylight Solar Loads 0 ft² 0 - 0 ft² - -
Wall Transmission 2158 ft² 3325 - 2158 ft² 1690 -
Roof Transmission 2550 ft² 6167 - 2550 ft² 1363 -
Window Transmission 0 ft² 0 - 0 ft² 0 -
Skylight Transmission 0 ft² 0 - 0 ft² 0 -
Door Loads 42 ft² 974 - 42 ft² 281 -
Floor Transmission 0 ft² 0 - 0 ft² 0 -
Partitions 0 ft² 0 - 0 ft² 0 -
Ceiling 0 ft² 0 - 0 ft² 0 -
Overhead Lighting 3856 W 13155 - 0 0 -
Task Lighting 893 W 3045 - 0 0 -
Electric Equipment 1275 W 4350 - 0 0 -
People 10 2800 2700 0 0 0
Infiltration - 0 0 - 0 0
Miscellaneous - 0 0 - 0 0
Safety Factor 10% / 10% 3382 270 10% 333 0
>> Total Zone Loads - 37198 2970 - 3667 0
Zone Conditioning - 35081 2970 - 3614 0
Plenum Wall Load 0% 0 - 0 0 -
Plenum Roof Load 0% 0 - 0 0 -
Plenum Lighting Load 0% 0 - 0 0 -
Return Fan Load 2568 CFM 0 - 2568 CFM 0 -
Ventilation Load 320 CFM 5809 55 320 CFM 5821 0
Supply Fan Load 2568 CFM 952 - 2568 CFM -952 -
Space Fan Coil Fans - 0 - - 0 -
Duct Heat Gain / Loss 3% 1116 - 3% 110 -
>> Total System Loads - 42958 3025 - 8593 0
Central Cooling Coil - 42958 3019 - 0 0
Central Heating Coil - 0 - - 8593 -
>> Total Conditioning - 42958 3019 - 8593 0
Key: Positive values are clg loads Positive values are htg loads Negative values are htg loads Negative values are clg loads Hourly Analysis Program v.4.2 Page 1 of 1
Administrative Review Record - Aqua Tergere, LLC
Zone Design Load Summary for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
Zone 1 DESIGN COOLING DESIGN HEATING
COOLING DATA AT Jul 1500 HEATING DATA AT DES HTG
COOLING OA DB / WB 91.0 °F / 70.0 °F HEATING OA DB / WB 43.0 °F / 36.1 °F OCCUPIED T-STAT 72.0 °F OCCUPIED T-STAT 60.0 °F
Sensible Latent Sensible Latent
ZONE LOADS Details (BTU/hr) (BTU/hr) Details (BTU/hr) (BTU/hr) Window & Skylight Solar Loads 0 ft² 0 - 0 ft² - -
Wall Transmission 2158 ft² 3325 - 2158 ft² 1690 -
Roof Transmission 2550 ft² 6167 - 2550 ft² 1363 -
Window Transmission 0 ft² 0 - 0 ft² 0 -
Skylight Transmission 0 ft² 0 - 0 ft² 0 -
Door Loads 42 ft² 974 - 42 ft² 281 -
Floor Transmission 0 ft² 0 - 0 ft² 0 -
Partitions 0 ft² 0 - 0 ft² 0 -
Ceiling 0 ft² 0 - 0 ft² 0 -
Overhead Lighting 3856 W 13155 - 0 0 -
Task Lighting 893 W 3045 - 0 0 -
Electric Equipment 1275 W 4350 - 0 0 -
People 10 2800 2700 0 0 0
Infiltration - 0 0 - 0 0
Miscellaneous - 0 0 - 0 0
Safety Factor 10% / 10% 3382 270 10% 333 0
>> Total Zone Loads - 37198 2970 - 3667 0
Hourly Analysis Program v.4.2 Page 1 of 1
Administrative Review Record - Aqua Tergere, LLC
System Psychrometrics for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
July DESIGN COOLING DAY, 1400
TABLE 1: SYSTEM DATA
Dry-Bulb Specific Sensible Latent
Temp Humidity Airflow CO2 Level Heat Heat
Component Location (°F) (lb/lb) (CFM) (ppm) (BTU/hr) (BTU/hr) Ventilation Air Inlet 90.7 0.01097 320 400 5804 613
Vent - Return Mixing Outlet 75.9 0.01061 2568 800 - -
Central Cooling Coil Outlet 59.7 0.01032 2568 800 44615 3584 Central Heating Coil Outlet 59.7 0.01032 2568 800 0 -
Supply Fan Outlet 60.1 0.01032 2568 800 952 -
Cold Supply Duct Outlet 60.5 0.01032 2491 800 - -
Zone Air - 74.2 0.01057 2491 859 36736 2970
Return Plenum Outlet 74.2 0.01057 2491 859 0 -
Duct Leakage Air Outlet 60.1 0.01032 77 800 - -
Return Duct Outlet 73.8 0.01056 2568 857 - -
Air Density x Heat Capacity x Conversion Factor: At sea level = 1.080; At site altitude = 1.074 BTU/(hr-CFM-F) Air Density x Heat of Vaporization x Conversion Factor: At sea level = 4746.6; At site altitude = 4719.2 BTU/(hr-CFM) Site Altitude = 160.0 ft
TABLE 2: ZONE DATA
Zone Terminal Zone
Sensible Zone Zone Zone CO2 Heating Heating
Load T-stat Cond Temp Airflow Level Coil Unit
Zone Name (BTU/hr) Mode (BTU/hr) (°F) (CFM) (ppm) (BTU/hr) (BTU/hr) Zone 1 37444 Cooling 36736 74.2 2491 859 0 0
Hourly Analysis Program v.4.2 Page 1 of 2
Administrative Review Record - Aqua Tergere, LLC
System Psychrometrics for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
WINTER DESIGN HEATING
TABLE 1: SYSTEM DATA
Dry-Bulb Specific Sensible Latent
Temp Humidity Airflow CO2 Level Heat Heat
Component Location (°F) (lb/lb) (CFM) (ppm) (BTU/hr) (BTU/hr) Ventilation Air Inlet 43.0 0.00292 320 400 -5821 0
Vent - Return Mixing Outlet 57.8 0.00292 2568 462 - -
Central Cooling Coil Outlet 57.8 0.00292 2568 462 0 0
Central Heating Coil Outlet 60.9 0.00292 2568 462 8593 - Supply Fan Outlet 61.3 0.00292 2568 462 952 -
Cold Supply Duct Outlet 61.2 0.00292 2491 462 - -
Zone Air - 59.9 0.00292 2491 471 -3614 0
Return Plenum Outlet 59.9 0.00292 2491 471 0 -
Duct Leakage Air Outlet 61.3 0.00292 77 462 - -
Return Duct Outlet 59.9 0.00292 2568 471 - -
Air Density x Heat Capacity x Conversion Factor: At sea level = 1.080; At site altitude = 1.074 BTU/(hr-CFM-F) Air Density x Heat of Vaporization x Conversion Factor: At sea level = 4746.6; At site altitude = 4719.2 BTU/(hr-CFM) Site Altitude = 160.0 ft
TABLE 2: ZONE DATA
Zone Terminal Zone
Sensible Zone Zone Zone CO2 Heating Heating
Load T-stat Cond Temp Airflow Level Coil Unit
Zone Name (BTU/hr) Mode (BTU/hr) (°F) (CFM) (ppm) (BTU/hr) (BTU/hr) Zone 1 -3667 Heating -3614 59.9 2491 471 0 0
Hourly Analysis Program v.4.2 Page 2 of 2
Administrative Review Record - Aqua Tergere, LLC
Zone Sizing Summary for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
Air System Information
Air System Name System RTU - 1
Equipment Class PKG ROOF
Air System Type SZCAV
Number of zones 1
Floor Area 2550.0 ft²
Location Los Angeles LAX, California
Sizing Calculation Information
Zone and Space Sizing Method:
Zone CFM Sum of space airflow rates
Space CFM Individual peak space loads
Calculation Months Jan to Dec
Sizing Data Calculated
Zone Sizing Data
Maximum Design Minimum Time Maximum Zone
Cooling Air Air of Heating Floor
Sensible Flow Flow Peak Load Area Zone
Zone Name (MBH) (CFM) (CFM) Load (MBH) (ft²) CFM/ft²
Zone 1 37.4 2491 2491 Jul 1400 3.7 2550.0 0.98
Zone Terminal Sizing Data
No Zone Terminal Sizing Data required for this system.
Space Loads and Airflows
Cooling Time Air Heating Floor
Zone Name / Sensible of Flow Load Area Space
Space Name Mult. (MBH) Load (CFM) (MBH) (ft²) CFM/ft²
Zone 1
Whole Commercial Area 1 37.4 Jul 1400 2491 3.7 2550.0 0.98 Hourly Analysis Program v.4.2 Page 1 of 1
Administrative Review Record - Aqua Tergere, LLC
Ventilation Sizing Summary for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
1. Summary
Ventilation Sizing Method Sum of Space OA Airflows
Design Ventilation Airflow Rate 320 CFM
2. Space Ventilation Analysis Table
Floor Maximum Required Required Required Required Uncorrected Area Maximum Supply Air Outdoor Air Outdoor Air Outdoor Air Outdoor Air Outdoor Air Zone Name / Space Name Mult. (ft²) Occupants (CFM) (CFM/person) (CFM/ft²) (CFM) (% of supply) (CFM) Zone 1
Whole Commercial Area 1 2550.0 10.0 2490.8 0.00 0.00 320.0 0.0 320.0 Totals (incl. Space Multipliers) 2490.8 320.0
Hourly Analysis Program v.4.2 Page 1 of 1
Administrative Review Record - Aqua Tergere, LLC
Psychrometric Analysis for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
1. Outdoor Air
2. Mixed Air 3. Central Cooling Coil Outlet 4. Supply Fan Outlet
5. Duct Heat 6. Room Air 7. Return Duct Outlet
1 2 345 6
7 0.000
0.002
0.004
0.006
0.008
0.010
0.012
0.014
0.016
0.018
0.020
30 40 50 60 70 80 90 100
Location: Los Angeles LAX, California
Altitude: 160.0 ft.
Data for: July DESIGN COOLING DAY, 1400
Specific Humidity ( lb/lb )
Temperature ( °F )
Hourly Analysis Program v.4.2 Page 1 of 1
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT FF.
3rd Party Plan Checker Record Log of
Plan Check #PC18-0001
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT GG.
Email from C. Montanez dated
September 22, 2022
Administrative Review Record - Aqua Tergere, LLC
From: Cheryl Montanez
To: Juan Arauz
Subject: Fwd: Aqua Tergere
Date: Thursday, September 22, 2022 1:05:17 PM
Hello Juan, I've been contacted by Vince with Aqua Tergere. I am reaching out to get a clear understanding of what you need from them. I understand there was construction without a permit. Also that construction doesn't match any plans I've seen.
I'm wondering if they also need to revise thier development agreement? I'm going to advise them against a level 7 based on the current market. I can get them permitted much faster if they go with Distro and a lesser manufacturing license, nothing volatile.
I can get them under contract and get out there for a site survey next week, but will need some time to get a full set of plans to submit to B&S. A quick phone call would be great so I can get them moving in the right direction. Please let me know when you would be available to talk. Or give me a call at he number below. Thanks in advance.
Project info:
The Name of the Entity is: Aqua Tergere, LC
address: 8210 atlantic ave, cudahy
license type: Type 7.
Cheryl Montanez
|MO+RE| Design Solutions
14176 Amargosa Rd Ste C
Victorville, CA 92392
Tel: (760) 715-3382
www.moredesign.us
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT HH.
August 22, 2024, Letter to Operator
titled Agreement Re: Aqua Tergere,
LLC’s Notice of Termination of
Development Agreement No. DA 18-
0011C and Voluntary Surrender of
Commercial Cannabis Permit No. 18-
0011” and Memorandum of
Termination.
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ATTACHMENT II.
Notice of Review Hearing and
Certified Mailings
Administrative Review Record - Aqua Tergere, LLC
SENT VIA USPS-CERTIFIED MAIL
July 11, 2024
Attn:
Aqua Tergere, LLC
8208 Atlantic Avenue
Cudahy, CA 90201
Charles N. Arden, Managing Member
19940 Turnberry Drive, Tarzana, CA 91356
Mark G. Sanchez
143 Maple Street, Salinas, CA 93901
Carlos Vonrell Clemente
10880 Redwood Avenue, Fontana, CA 92337
Landlord:
Vladimir Calderon
P.O. Box 2637
Downey, CA 90242
Via Email:
Aqua Tergere, LLC
[email protected]
RE: Site: 8210 Atlantic Avenue – Aqua Tergere, LLC
Development Agreement No. DA18-011C
Commercial Cannabis Permit No. CCP18-0011
NOTICE OF REVIEW HEARING
Hearing Date: Monday, August 12, 2024
Time: 9:00 a.m.
Place: 5220 Santa Ana St. Cudahy, CA 90201 – Bedwell Hall, Council Chambers
Dear Aqua Tergere, LLC,
This letter is to inform you that the City Manager of the City of Cudahy (“City”) has appointed Steve Napolitano to act as an independent hearing officer for a Review Hearing on your compliance with the terms of your Development Agreement (“Agreement”) with the City.
Administrative Review Record - Aqua Tergere, LLC
Under Section 19 of the Agreement, the City may conduct Periodic and Special Reviews of the Owner’s “good faith compliance with the terms of the Agreement.” The burden of proof is on the Owner to demonstrate compliance. Please submit any arguments and supporting documents evidencing compliance ten (10) days prior to the Review Hearing. In the event of a finding of noncompliance, the City Council may terminate the Agreement or impose such conditions as are reasonably necessary to protect the interests of the City in accordance with the Agreement and state law. The decision of the City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5.
This letter shall also serve as notice that the findings of this Review Hearing may inform the City Manager’s decision to revoke or suspend Commercial Cannabis Permit No. CCP18-0011 pursuant to Cudahy Municipal Code (“CMC”) Section 5.20.080(6), due to a failure to comply with the requirements of Chapter 5.20 of the CMC, or any condition of approval, or any other agreement or covenant required – inclusive of this Agreement.
The estimated cost for the Review hearing is $12,695.00. The Owner is responsible for the cost of the Review Hearing. You are requested to deliver a cashier's check payable to the City of Cudahy three (3) days prior to the hearing date. The Review Hearing will proceed as scheduled whether or not the deposit is made; however, the City may consider the failure to make the deposit a further default on the Development Agreement. The hearing is set for:
Date: Monday, August 12, 2024.
Time: 9:00 a.m.
Place: 5220 Santa Ana St. Cudahy, CA 90201 – Bedwell Hall – Council Chambers Please contact Cecilia Madrigal-Gonzalez, Senior Planner at 323-773-5143 ext. 252 or [email protected] no later than ten (10) days from the date of this letter to confirm your appearance at the Review Hearing. If we do not hear back from you by this date, we will assume you waive your right to present evidence at the hearing. Please be advised that the City’s Staff Report with exhibits will be available, upon request, for your review ten (10) days prior to the Hearing.
Respectfully,
Cecilia Madrigal-Gonzalez
Senior Planner
cc:
Stephanie A. Arechiga, Esq., City Attorney
Paloma McEvoy, Esq., Assistant City Attorney
Alfonso Noyola, City Manager
Juan Arauz, AICP, Community Development Director
Joshua Calhoun, Finance Director
Raul Diaz, Building Official
Jessica Guillen, Assistant Planner
Vladimir Calderon, Property Owner (via USPS)
Aqua Tergere, LLC (via email)
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT JJ.
Final Invoice dated May 18, 2023
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
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Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT KK.
Invoices from 2021-2023
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Administrative Review Record - Aqua Tergere, LLC
Page | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Elizabeth Alcantar
Vice Mayor
Jose R. Gonzalez
Councilmember
Jack M. Guerrero
Councilmember
Blanca Lozoya
Councilmember
Daisy Lomeli
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
October ϭϬ, 2022
Via U.S. Mail and Email:
Aqua Tergere, LLC
Attn: Charles Arden, Manager
912 E. 12Th Street #B STE 315
Los Angeles, CA 90021
Re: DA 18-019C for operator located at 8210 Atlantic Avenue Cudahy, CA Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-019C for Ordinance No 697, with an Effective date of February 12, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $178,000.92
$69,333.68
($40,351.86)
Outstanding balance through July 31,
2021
Monthly installments ($5,333.36)
from August 2021 to August 2022
Payments received August 2021,
September 2021 and February 2022
CBP
Cost Recovery Fee $33,713.55
($6,328.04)
City labor cost from August 2021 to
August 2022
Payments received August 2021,
September 2021 and February 2022
UZBFϭ
Non-Operating Fee $17,928.54
$8,632.26
($3,320.10)
Outstanding balance through July 31,
2021
August 2021 through August 2022
The monthly non-operating fee is
$664.02 (.42 x 1,581-square footage of
the premises)
Payments received August 2021
and September 2021
OPFEE
Total Fees $257,608.95 Due October 31, 2022
Administrative Review Record - Aqua Tergere, LLC
Page | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments totaling $206,982.74 are due October 31,2022.
Cost Recovery Fee
The City labor cost and third-party contractors from August 2021 to August 2022 totaling $27,385.51 are due October 31, 2022.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to August 2022 totaling $23,240.70 are due October 31, 2022.
Please pay no later than October 31, 2022, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
Administrative Review Record - Aqua Tergere, LLC
CBP URBF1 OPFEE
Operator Comm Benefit Cost Recovery Non Operating Ouƚstanding Aqua Tergere, LLC
September 22, 2021 Letter 178,000.92 Ͳ 17,928.54 195,929.46
BILLINGS
Aug 2021 5,333.36 335.18 664.02 6,332.56 Sep 2021 5,333.36 406.78 664.02 6,404.16 Oct 2021 5,333.36 351.00 664.02 6,348.38 Nov 2021 5,333.36 3,173.23 664.02 9,170.61 Dec 2021 5,333.36 130.65 664.02 6,128.03 Jan 2022 5,333.36 494.28 664.02 6,491.66 Feb 2022 5,333.36 1,137.30 664.02 7,134.68 Mar 2022 5,333.36 875.25 664.02 6,872.63 Apr 2022 5,333.36 1,103.93 664.02 7,101.31 May 2022 5,333.36 2,115.34 664.02 8,112.72 Jun 2022 5,333.36 127.60 664.02 6,124.98 Jul 2022 5,333.36 924.63 664.02 6,922.01 Aug 2022 5,333.36 932.38 664.02 6,929.76
PAYMENTS
Aug 2021 (17,675.93) (664.02) (1,660.05) (20,000.00) Sep 2021 (17,675.93) (664.02) (1,660.05) (20,000.00) Oct 2021 Ͳ
Nov 2021 Ͳ
Dec 2021 Ͳ
Jan 2022 Ͳ
Feb 2022 (5,000.00) (5,000.00)
Mar 2022 Ͳ
Apr 2022 (5,000.00) (5,000.00)
May 2022 Ͳ
Jun 2022 Ͳ
Jul 2022 Ͳ
Aug 2022
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019Ͳ2022) 3 years
City Labor 21,606.00 21,606.00
Balance as of August 31, 2022 206,982.74 27,385.51 23,240.70 257,608.95 (a) City Reimbursement cost of $7,202 per year (x three years (2019Ͳ2022)= $21,606.00
Administrative Review Record - Aqua Tergere, LLC
Page | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Elizabeth Alcantar
Vice Mayor
Jose R. Gonzalez
Councilmember
Jack M. Guerrero
Councilmember
Blanca Lozoya
Councilmember
Daisy Lomeli
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
November 14, 2022
Via U.S. Mail and Email:
Aqua Tergere, LLC
Attn: Charles Arden, Manager
912 E. 12Th Street #B STE 315
Los Angeles, CA 90021
Re: DA 18-019C for operator located at 8210 Atlantic Avenue Cudahy, CA Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-019C for Ordinance No 697, with an Effective date of February 12, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $178,000.92
$80,000.40
($40,351.86)
Outstanding balance through July 31,
2021
Monthly installments ($5,333.36)
from August 2021 to October 2022
Payments received August 2021,
September 2021 and February 2022
CBP
Cost Recovery Fee $38,178.49
($6,328.04)
City labor cost from August 2021 to
October 2022
Payments received August 2021,
September 2021 and February 2022
URBF1
Non-Operating Fee $17,928.54
$9,960.30
($3,320.10)
$697.22
Outstanding balance through July 31,
2021
August 2021 through October 2022
The monthly non-operating fee is
$664.02 (.42 x 1,581-square footage of
the premises)
Payments received August 2021
and September 2021
Penalties from August 2022 to
October 2022
OPFEE
Total Fees $274,765.87 Due November 30, 2022
Administrative Review Record - Aqua Tergere, LLC
Page | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments totaling $217,649.46 are due November 30, 2022.
Cost Recovery Fee
The City labor cost and third-party contractors from August 2021 to October 2022 totaling $31,850.45 are due November 30, 2022.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to October 2022 totaling $24,568.74 are due November 30, 2022.
Late Payment Penalties
Penalties totaling $697.22 from August 2022 to October 2022 are due November 30, 2022.
Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part-up to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than November 30, 2022, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
Administrative Review Record - Aqua Tergere, LLC
CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Aqua Tergere, LLC
September 22, 2021 Letter Ͳ 178,000.92 17,928.54 195,929.46
BILLINGS
Aug 2021 5,333.36 335.18 664.02 6,332.56 Sep 2021 5,333.36 406.78 664.02 6,404.16 Oct 2021 5,333.36 351.00 664.02 6,348.38 Nov 2021 5,333.36 3,173.23 664.02 9,170.61 Dec 2021 5,333.36 130.65 664.02 6,128.03 Jan 2022 5,333.36 494.28 664.02 6,491.66 Feb 2022 5,333.36 1,137.30 664.02 7,134.68 Mar 2022 5,333.36 875.25 664.02 6,872.63 Apr 2022 5,333.36 1,103.93 664.02 7,101.31 May 2022 5,333.36 2,115.34 664.02 8,112.72 Jun 2022 5,333.36 127.60 664.02 6,124.98 Jul 2022 5,333.36 924.63 664.02 6,922.01 Aug 2022 5,333.36 932.38 664.02 166.01 7,095.77 Sep 2022 5,333.36 2,550.29 664.02 232.41 8,780.08 Oct 2022 5,333.36 1,914.65 664.02 298.81 8,210.84
PAYMENTS
Aug 2021 (17,675.93) (664.02) (1,660.05) (20,000.00) Sep 2021 (17,675.93) (664.02) (1,660.05) (20,000.00) Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022 (5,000.00) (5,000.00) Mar 2022
Apr 2022 (5,000.00) (5,000.00) May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019Ͳ2022) 3 years
City Labor 21,606.00 21,606.00 Balance as of October 31, 2022 217,649.46 31,850.45 24,568.74 697.22 274,765.87 (a) City Reimbursement cost of $7,202 per year (x three years (2019Ͳ2022)= $21,606.00
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Page | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Elizabeth Alcantar
Vice Mayor
Jose R. Gonzalez
Councilmember
Jack M. Guerrero
Councilmember
Blanca Lozoya
Councilmember
Daisy Lomeli
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
December ϭϮ, 2022
Via U.S. Mail and Email:
Aqua Tergere, LLC
Attn: Charles Arden, Manager
912 E. 12Th Street #B STE 315
Los Angeles, CA 90021
Re: DA 18-019C for operator located at 8210 Atlantic Avenue Cudahy, CA Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-019C for Ordinance No 697, with an Effective date of February 12, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $178,000.92
$85,333.76
($40,351.86)
Outstanding balance through July 31,
2021
Monthly installments ($5,333.36)
from August 2021 to November 2022
Payments received August 2021,
September 2021 and February 2022
CBP
Cost Recovery Fee $40,769.97
($6,328.04)
City labor cost from August 2021 to
November 2022
Payments received August 2021,
September 2021 and February 2022
URBF1
Non-Operating Fee $17,928.54
$10,624.32
($3,320.10)
$1,062.43
Outstanding balance through July 31,
2021
August 2021 through November 2022
The monthly non-operating fee is
$664.02 (.42 x 1,581-square footage of
the premises)
Payments received August 2021
and September 2021
Penalties from August 2022 to
November 2022
OPFEE
Total Fees $283,719.94 Due December 29, 2022
Administrative Review Record - Aqua Tergere, LLC
Page | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments totaling $222,982.82 are due December 29, 2022.
Cost Recovery Fee
The City labor cost and third-party contractors from August 2021 to November 2022 totaling $34,441.93 are due December 29, 2022.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to November 2022 totaling $25,232.76 are due December 29, 2022.
Late Payment Penalties
Penalties totaling $1,062.43 from August 2022 to November 2022 are due December 29, 2022.
Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part-up to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than December 29, 2022 to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
Administrative Review Record - Aqua Tergere, LLC
CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Aqua Tergere, LLC
September 22, 2021 Letter Ͳ 178,000.92 17,928.54 195,929.46
BILLINGS
Aug 2021 5,333.36 335.18 664.02 6,332.56 Sep 2021 5,333.36 406.78 664.02 6,404.16 Oct 2021 5,333.36 351.00 664.02 6,348.38 Nov 2021 5,333.36 3,173.23 664.02 9,170.61 Dec 2021 5,333.36 130.65 664.02 6,128.03 Jan 2022 5,333.36 494.28 664.02 6,491.66 Feb 2022 5,333.36 1,137.30 664.02 7,134.68 Mar 2022 5,333.36 875.25 664.02 6,872.63 Apr 2022 5,333.36 1,103.93 664.02 7,101.31 May 2022 5,333.36 2,115.34 664.02 8,112.72 Jun 2022 5,333.36 127.60 664.02 6,124.98 Jul 2022 5,333.36 924.63 664.02 6,922.01 Aug 2022 5,333.36 932.38 664.02 166.01 7,095.77 Sep 2022 5,333.36 2,550.29 664.02 232.41 8,780.08 Oct 2022 5,333.36 1,914.65 664.02 298.81 8,210.84 Nov 2022 5,333.36 2,591.48 664.02 365.21 8,954.07
PAYMENTS
Aug 2021 (17,675.93) (664.02) (1,660.05) (20,000.00) Sep 2021 (17,675.93) (664.02) (1,660.05) (20,000.00) Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022 (5,000.00) (5,000.00) Mar 2022
Apr 2022 (5,000.00) (5,000.00) May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
Nov 2022 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019Ͳ2022) 3 years
City Labor 21,606.00 21,606.00 Balance as of November 30, 2022 222,982.82 34,441.93 25,232.76 1,062.43 283,719.94 (a) City Reimbursement cost of $7,202 per year (x three years (2019Ͳ2022)= $21,606.00
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT LL.
Email from Operator dated August 31,
2024
Administrative Review Record - Aqua Tergere, LLC
From: Aqua Tergere
To: Cecilia Madrigal
Cc: Glenn Ward Calsada; Jessica Guillen; Stephanie Arechiga; Juan Arauz; Alfonso Noyola Subject: Re: AQUA TERGERE, LLC (8210 ATLANTIC AVE)
Date: Thursday, August 31, 2023 9:45:22 AM
Attachments: image001.png
Dear Ms. Gonzales and Team,
I'm writing this email to inform you and the city of Cudahy that we have been attempting to reach council and they are unavailable until after the labor day holiday. We are requesting an extension up to and including September 15, 2023 to evaluate and respond to their correspondence.
Thank you,
Charles Arden,
Aqua Teregere LLC
On Tue, Aug 22, 2023 at 1:56 PM Cecilia Madrigal <[email protected]> wrote:
Dear Mr. Arden,
Please find the attached letter from the City of Cudahy relating to the City’s acceptance of Aqua Tergere LLC (Suspended) to surrender their Cannabis Commercial Permit and termination of Development Agreement.
The documents enclosed must be signed, notarized, and returned no later than 10 days from the date of this letter.
Thank you,
Cecilia Madrigal-Gonzalez
Senior Planner
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Administrative Review Record - Aqua Tergere, LLC
Tel: 323-773-5143 Ext. 252
www.cityofcudahy.com
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT MM.
Executive Order N-33-20
Administrative Review Record - Aqua Tergere, LLC
EXECUTIVE DEPA RTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-33-20
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and
WHEREAS in a short period of time, COVID-19 has rapidly spread throughout California, necessitating updated and more stringent guidance from federal, state, and local public health officials; and
WHEREAS for the preservation of public health and safety throughout the entire State of California, I find it necessary for all Californians to heed the State public health directives from the Department of Public Health.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8627, and 8665 do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1) To preserve the public health and safety, and to ensure the healthcare delivery system is capable of serving all, and prioritizing those at the highest risk and vulnerability, all residents are directed to immediately heed the current State public health directives, which I ordered the Department of Public Health to develop for the current statewide status of COVID-19. Those directives are consistent with the March 19, 2020, Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, found at: https://covid 19.ca.gov/.
Those directives follow:
ORDER OF THE STATE PUBLIC HEALTH OFFICER
March 19, 2020
To protect public health, I as State Public Health Officer and Director of the California Department of Public Health order all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as outlined at
https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19.
In addition, and in consultation with the Director of the Governor's Office of Emergency Services, I may designate additional sectors as critical in order to protect the health and well-being of all Californians.
Pursuant to the authority under the Health and Safety Code 120125, 120140, 131080, 120130(c), 120135, 120145, 120175 and 120150, this order is to go into effect immediately and shall stay in effect until further notice.
The federal government has identified 1 6 critical infrastructure sectors whose assets, systems, and networks, whether physical or virtual, are considered so vital to the United States that their incapacitation or
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT NN.
State of California COVID-19
Essential Workforce Guidelines
Administrative Review Record - Aqua Tergere, LLC
12/20/23, 4:33 PM Essential workforce - Coronavirus COVID-19 Response https://covid19.ca.gov/essential-workforce/ 1/11
Essential workforce
Last updated February 14, 2022 at 4:42 AM
On March 19, 2020, Governor Newsom issued Executive Order N-33-20 directing all residents immediately to heed current State public health directives to stay home, except as needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as the State Public Health Officer may designate as critical to protect health and well-being of all Californians.
In accordance with this order, the State Public Health Officer has designated the following list of Essential Critical Infrastructure Workers to help state, local, tribal, and industry partners as they work to protect communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security.
Sector index
Sector profile
The Health Care and Public Health (HPH) Sector is large, diverse, and open, spanning both the public and private sectors. It includes publicly accessible healthcare facilities, research centers, suppliers, manufacturers, and other physical assets and vast, complex public1. Health Care / Public Health COVID19.CA.GOV
Your actions save lives
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Administrative Review Record - Aqua Tergere, LLC
12/20/23, 4:33 PM Essential workforce - Coronavirus COVID-19 Response https://covid19.ca.gov/essential-workforce/ 2/11
private information technology systems required for care delivery and to support the rapid, secure transmission and storage of large amounts of HPH data.
Essential workforce, if remote working is not
practical:
1. Health care providers and caregivers (including physicians, dentists, psychologists, mid-level practitioners, nurses, assistants, and aids; infection control and quality assurance personnel; pharmacists; physical, respiratory, speech and occupational therapists and assistants; social workers and providers serving individuals with disabilities including developmental disabilities; optometrists; speech pathologists; chiropractors; diagnostic and therapeutic technicians; and radiology technologists).
2. Workers required for effective clinical, command, infrastructure, support service, administrative, security and intelligence operations across the direct patient care and full healthcare and public health spectrum, including accounting, administrative, admitting and discharge, engineering, accrediting, certification, licensing, credentialing, epidemiological, source plasma and blood donation, food service, environmental services,
housekeeping, medical records, information technology and operational technology, nutritionists, sanitarians; emergency medical services workers; prehospital workers including but not limited to urgent care workers; inpatient and hospital workers; outpatient care workers; home care workers; workers at longterm care facilities, residential and community-based providers; workplace safety workers).
3. Workers needed to support transportation to and from healthcare facilities and provider appointments.
Administrative Review Record - Aqua Tergere, LLC
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4. Workers needed to provide laundry services, food services, reprocessing of medical equipment, and waste management.
5. Vendors and suppliers (including imaging, pharmacy, oxygen services, durable medical equipment)
6. Workers who perform critical clinical research, development, and testing needed for COVID-19 response.
7. Workers in other medical and life science facilities (including Ambulatory Health and Surgical, Blood Banks, Clinics,
Community Mental Health, Comprehensive Outpatient
rehabilitation, End Stage Renal Disease, Health Departments, Home Health care, Hospices, Hospitals, Long Term Care, Organ Pharmacies, Procurement Organizations, Psychiatric,
Residential, Rural Health Clinics and Federally Qualified Health Centers, and retail facilities specializing in medical goods and supplies, including cannabis).
8. Workers for health manufacturing (including life science companies, and companies that have shifted production to medical supplies), materials and parts suppliers, technicians, logistics and warehouse operators, printers, packagers, and distributors of medical equipment (including those who test and repair), personal protective equipment (PPE), isolation barriers, medical gases, pharmaceuticals (including materials used in radioactive drugs, and cannabis products), dietary supplements, blood and blood products, vaccines, testing materials,
laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, personal hygiene products, and tissue and paper towel products.
9. Public health / community health workers, including those who compile, model, analyze and communicate public health
information.
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10. Behavioral and mental health workers responsible for coordination, outreach, engagement, and treatment to
individuals in need of mental health and/or behavioral services.
11. Donors of blood bone marrow, blood stem cell, or plasma and the workers of the organizations that operate and manage related activities.
12. Workers that manage health plans, billing, and health information.
13. Workers who conduct community-based public health
functions, conducting epidemiologic surveillance, compiling, analyzing and communicating public health information.
14. Workers performing IT and cybersecurity functions at healthcare and public health facilities.
15. Workers performing security, incident management, and emergency operations functions at or on behalf of healthcare entities including healthcare coalitions.
16. Pharmacy employees, including workers necessary to maintain uninterrupted prescription filling.
17. Workers in retail facilities specializing in medical goods and supplies.
18. Public health and environmental health workers, including workers specializing in environmental health that focus on implementing environmental controls, sanitary and infection control interventions, healthcare facility safety and emergency preparedness planning, engineered work practices, and
developing guidance and protocols for appropriate PPE to prevent COVID-19 disease transmission; Public health/
community health workers (including call center workers) who conduct community- based public health functions, conducting epidemiologic surveillance and compiling, analyzing, and communicating public health information.
Administrative Review Record - Aqua Tergere, LLC
12/20/23, 4:33 PM Essential workforce - Coronavirus COVID-19 Response https://covid19.ca.gov/essential-workforce/ 5/11
19. Mortuary services providers, including workers performing mortuary, funeral, cremation burial, cemetery, and related services, including funeral homes, crematoriums, cemetery workers and coffin makers.
20. Workers who coordinate with other organizations to ensure the proper recovery, handling, identification, transportation, tracking, storage, and disposal of human remains and personal effects; certify cause of death; and facilitate access to behavioral and mental health services to the family members, responders, and survivors of an incident.
21. Workers supporting veterinary hospitals and clinics.
22. Workers supporting operations of outdoor recreational facilities for the purpose of facilitating physically distanced personal health and wellness through outdoor exercise.
Relevant sector guidance:
All Facility Letters for health care facilities, including long-term care and skilled nursing facilities
Individuals with Access and Functional Needs
Medical Waste Management – Interim Guidelines
2. Emergency Services
3. Food and Agriculture
4. Energy
5. Water and Wastewater
6. Transportation and Logistics
Administrative Review Record - Aqua Tergere, LLC
12/20/23, 4:33 PM Essential workforce - Coronavirus COVID-19 Response https://covid19.ca.gov/essential-workforce/ 6/11
Essential workforce, if remote working is not
practical:
1. Construction workers who support the construction, operation, inspection, and maintenance of construction sites and
construction projects (including housing, commercial, and mixed-use construction); and workers who support the supply chain of building materials from production through
application/installation, including cabinetry, fixtures, doors, cement, hardware, plumbing, electrical, heating/cooling, refrigeration, appliances, paint/coatings, and employees who provide services that enable repair materials and equipment for essential functions.
7. Communications and Information Technology
8. Government Operations and other communitybased essential functions
9. Critical Manufacturing
10. Financial Services
11. Chemical and Hazardous Materials
12. Defense Industrial Base
13. Industrial, Commercial, Residential, and
Sheltering Facilities and Services
Administrative Review Record - Aqua Tergere, LLC
12/20/23, 4:33 PM Essential workforce - Coronavirus COVID-19 Response https://covid19.ca.gov/essential-workforce/ 7/11
2. Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, construction material sources, and essential operation of construction sites and construction projects (including those that support such projects to ensure the availability of needed facilities, transportation, energy and communications; and support to ensure the effective removal, storage, recycling and disposal of solid waste and hazardous waste)
3. Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals and senior living facilities, including any facility supporting COVID-19 response.
4. Workers who support the supply chain of building materials from production through application and installation, including cabinetry, fixtures, doors, cement, hardware, plumbing
(including parts and services), electrical, heating and cooling, refrigeration, appliances, paint and coatings, and workers who provide services that enable repair materials and equipment for essential functions.
5. Workers in hardware and building materials stores, consumer electronics, technology and appliances retail, and related merchant retailers, wholesalers and distributors that support essential workforce functions where sales and operations cannot be conducted online
6. Warehouse operators, including vendors and support personnel critical for business continuity (including heating, ventilation, and air conditioning (HVAC) and electrical engineers, security
Administrative Review Record - Aqua Tergere, LLC
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personnel, and janitorial staff), e-commerce or online
commerce, and customer service for essential functions.
7. Workers supporting the operations of commercial buildings that are critical to safety, security, and the continuance of essential activities, such as on-site property managers, building engineers, security staff, fire safety directors, janitorial personnel, and service technicians (e.g., mechanical, HVAC, plumbers, electricians, and elevator).
8. Workers supporting ecommerce through distribution,
warehouse, call center facilities, and other essential operational support functions, that accept, store, and process goods, and that facilitate their transportation and delivery
9. Workers distributing, servicing, repairing, installing residential and commercial HVAC systems, boilers, furnaces and other heating, cooling, refrigeration, and ventilation equipment.
10. Workers managing or servicing hotels or other commercial and residential buildings that are used for COVID-19 mitigation and containment measures, treatment measures, provide
accommodation for essential workers, or providing housing solutions, including measures to protect homeless populations.
11. Workers responsible for the leasing of residential and commercial properties to provide individuals and families with ready access to available housing.
12. Residential and commercial real estate workers, limited to scheduled property viewings to a potential buying party. This does not extend to open-house viewings, nor viewings with more than one buying party at a time.
13. Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities and critical sector services
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14. Workers responsible for handling property management, maintenance, and related service calls who can coordinate the response to emergency “at-home” situations requiring
immediate attention, as well as facilitate the reception of deliveries, mail, and other necessary services.
15. Workers supporting the entertainment industries, studios, and other related establishments such as establishments that provide content for professional broadcast, provided they follow COVID-19 public health guidance around physical distancing.
16. Workers that provide or determine eligibility for food, shelter, inhome supportive services, child welfare, adult protective services and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals (including family members)
17. Workers performing services in support of the elderly and disabled populations who coordinate a variety of services, including health care appointments and activities of daily living.
18. Workers who provide support to vulnerable populations to ensure their health and well-being including family care providers.
19. Workers providing dependent care services, particularly those whose services ensure essential workers can continue to work.
20. Workers who support food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, such as those residing in shelters.
21. Workers in laundromats, laundry services, and dry cleaners.
22. Workers providing disinfection services, for all essential facilities in essential sectors
23. Workers necessary for the installation, maintenance, distribution, and manufacturing of water and space heating equipment and its components.
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Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT OO.
Offer to Settle Claims from Operator
dated October 26, 2023
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT PP.
City’s Response to Offer to Settle Claims
dated November 27, 2023
Administrative Review Record - Aqua Tergere, LLC
November 27, 2023
BY U.S. CERTIFIED MAIL & EMAIL
F. Araiza-Kasama, Esq.
P.O. Box 80746
San Marino, CA 91118
Re: Offer to Settle Claims
Dear Ms. Araiza-Kasama:
Please allow this letter to serve as a formal response to your October 26, 2023 correspondence (“Settlement Offer”) on behalf of your client Aqua Tegere, LLC (“Operator”).
As you are aware, the City of Cudahy (“City”) and Operator entered into Development Agreement No. 18-011C (“Development Agreement”) on February 12, 2018 and Operator was subsequently granted approval of Commercial Cannabis Permit 18-0011 (“CCP”).
After multiple correspondence with Operator, Mr. Charles Arden acting on behalf of Operator, represented that he wished to terminate the Development Agreement and the City presented Operator with a Memorandum of Termination of the Development Agreement (“Memorandum”) on or around August 22, 2023 and was provided ten (10) days to execute the Memorandum. Per Mr. Arden’s request, the City granted a two-week extension, until September 15, 2023 to respond.
The City is in receipt of your Settlement which seeks the following concessions from the City:
(1) Termination of the Development Agreement;
(2) City’s waiver of all fees, penalties, and/or other sums, including but not limited to any and all guarantees by the Operator and/or individual members, owed by the Operator and/or its members;
(3) City’s waiver of all fees, penalties, sums, and/or claims, including but not limited to any personal guarantees, due and/or owed by the Operator and/or any individual member(s); and
(4) Mutual waiver between Operator and the City for any and all claims arising out of or from under the Development Agreement.
Due to the threat of litigation made in your correspondence the City Council considered your matter in closed session pursuant to Government Code Section 54956.6(d)(2). The City Council has opted not to accept the foregoing proposed settlement terms.
Additionally, we note that your Settlement Offer makes a number of unfounded assertions regarding the “preclusion of timely construction and/or development” of the project that are not supported by evidence. For example, state and federal emergency orders did not preclude commercial construction or development and continued throughout the height of the COVID-19 pandemic because they were categorized as essential businesses. Additionally,
Administrative Review Record - Aqua Tergere, LLC
F. Araiza-Kasama, Esq.
November 27, 2023
cannabis activities, including without limitation, the cultivation, manufacture, and sale of cannabis products and commercial construction were also categorized as essential businesses and were therefore able to continue. City Hall also continued to conduct business and serve its constituent businesses in a socially distanced manner, despite the physical premises being closed to the public. Project applicants were able to drop off materials for staff review and contact staff via phone, email, and videoconferencing services. Other allegations regarding lack of equitable treatment and preferential treatment are unfounded and unsupported by any evidence.
Further, to address a comment regarding the City Council’s unlikelihood to waive all incurred fees was not made in “bad faith” but in accordance with the California Constitution’s prohibition against unlawful gifts of public funds. (Article XVI, Section 6.) I further note that at no time was the Operator prohibited the opportunity to make such a request to the City Council.
Lastly, your Settlement Offer alleges there was a lack of due process. Please be advised that Operator has received multiple notices of default and failure to abide by the terms of the Development Agreement, CCP and the Cudahy Municipal Code. (See e.g., Attachment A.) Please be advised, the City reserves the right to utilize all rights, remedies, available at law and in equity to recover any past due amounts.
Please do not hesitate to contact me if you have questions. Thank you for your time and attention.
Very truly yours,
Paloma McEvoy
Assistant City Attorney
[email protected]
Attachment
cc: Mark G. Sanchez
Charles N. Arden
Carlos Vonrell Clemente
Alfonso Noyola, City Manager
Stephanie Arechiga, City Attorney
Richard Iglesias, City Clerk
Juan Arauz, Community Development Director
Joshua Calhoun, Finance Director
Cecilia Madrigal-Gonzalez, Senior Planner
Daisy Lomeli, Mayor
Jose Gonzalez, Vice Mayor
Elizabeth Alcantar, Councilmember
Martin Fuentes, Councilmember
Dr. Cynthia Gonzalez, Councilmember
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT A
Administrative Review Record - Aqua Tergere, LLC
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councllmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
March 20, 2023
SENT VIA EMAIL: [email protected]
1 5T CLASS MAIL
Attn: Vince Sanchez
Dear Mr. Sanchez
CUDAHY
OP!;:N MINDS, OP!;:N DOORS
Incorporated November 10, 1960
RE: FINAL DEMAND
8210 Atlantic Avenue, City of Cudahy, CA -Aqua Tergere, LLC Development Agreement No. DA18-011C
Commercial Cannabis Permit No. 18-0011
�LLU .:)dllld 1-\lld .:)lft::t::L
Cudahy,CA,90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
On August 17, 2022, City of Cudahy staff, conducted a site inspection of property located at 8210 Atlantic Avenue. During this inspection, several violations of Building, Mechanical, Electrical, and Plumbing Codes were observed, including occupation of the building without a certificate of occupancy, rendering the structure unsafe for occupancy. As a result, the Building and Safety Division declared the structure, its use, and occupancy unsafe and dangerous, and the subject site was "red tagged".
The following is a list of violations observed by city staff on August 17, 2022:
Building Code:
-All construction completed inside the building was done without engineered drawings and has not completed any plan check procedures and thus no building permits for any work were obtained.
-All structurally insulated panel rooms were constructed without proper plan check approval and with no engineered drawings and without building permits. -Cannabis extraction room located inside building without permits, and without proper LA County Fire Department approval/plan check.
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councllmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
March 20, 2023
SENT VIA EMAIL: [email protected]
1 5T CLASS MAIL
Attn: Vince Sanchez
Dear Mr. Sanchez
CUDAHY
OP!;:N MINDS, OP!;:N DOORS
Incorporated November 10, 1960
RE: FINAL DEMAND
8210 Atlantic Avenue, City of Cudahy, CA -Aqua Tergere, LLC Development Agreement No. DA18-011C
Commercial Cannabis Permit No. 18-0011
�LLU .:)dllld 1-\lld .:)lft::t::L
Cudahy,CA,90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
On August 17, 2022, City of Cudahy staff, conducted a site inspection of property located at 8210 Atlantic Avenue. During this inspection, several violations of Building, Mechanical, Electrical, and Plumbing Codes were observed, including occupation of the building without a certificate of occupancy, rendering the structure unsafe for occupancy. As a result, the Building and Safety Division declared the structure, its use, and occupancy unsafe and dangerous, and the subject site was "red tagged".
The following is a list of violations observed by city staff on August 17, 2022:
Building Code:
-All construction completed inside the building was done without engineered drawings and has not completed any plan check procedures and thus no building permits for any work were obtained.
-All structurally insulated panel rooms were constructed without proper plan check approval and with no engineered drawings and without building permits. -Cannabis extraction room located inside building without permits, and without proper LA County Fire Department approval/plan check.
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT QQ.
Secretary of State Certificate of Status of
Aqua Tergere, LLC dated July 25, 2024
Administrative Review Record - Aqua Tergere, LLC
Secretary of State
Certificate of Status
I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:
The above referenced entity's powers, rights and privileges are suspended in California.
This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this certificate and does not reflect documents that are pending review or other events that may affect status.
No information is available from this office regarding the financial condition, status of licenses, if any, business activities or practices of the entity.
Suspended - FTB
Entity Name:
Entity No.:
Registration Date:
Entity Type:
201733410125
11/30/2017
Limited Liability Company - CA
Status:
Formed In: CALIFORNIA
AQUA TERGERE, LLC
IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of July 25, 2024.
SHIRLEY N. WEBER, PH.D.
Secretary of State
Certificate No.:
To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State Certification Verification Search available at bizfileOnline.sos.ca.gov. 232243024
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT RR.
State Department of Cannabis Control
License Search dated July 25, 2024
Administrative Review Record - Aqua Tergere, LLC
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Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT SS.
Correspondence from City and
Operator regarding rescheduling
Review Hearing date
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
From: Jessica Guillen
To: Aqua Tergere; [email protected]
Cc: Cecilia Madrigal; Juan Arauz; Stephanie Arechiga ([email protected]); Paloma McEvoy; Alfonso Noyola; Raul Diaz; Joshua Calhoun
Subject: Rescheduled date: Notice of Review Hearing - August 27, 2024 Date: Tuesday, July 30, 2024 11:49:22 AM
Attachments: Reschedule of Review Hearing- Aqua Tergere LLC, July 30,2024.pdf Good afternoon,
The attached letter is a follow up notice to the July 11, 2024, letter titled “Notice of Review Hearing” .
On July 24, 2024, the City of Cudahy (“City”) received email correspondence from F. AraizaKasame, Esq. requesting to reschedule the August 12, 2024, hearing date stating Aqua Tergere, LLC (“Operator”) is unable to attend the hearing. Suggested alternative dates included the week of August 26, 2024, or the second and third week in September 2024. The City has granted a one-time request to reschedule the Review Hearing.
Your new hearing date is:
DATE: Tuesday, August 27, 2024
TIME: 9:00AM
PLACE: City of Cudahy – Bedwell Hall
5220 Santa Ana Street, Cudahy CA 90201
The City Manager of the City of Cudahy (“City”) has appointed Steve Napolitano to act as an independent hearing officer for a Review Hearing on your compliance with the terms of your Development Agreement (“Agreement”) with the City. Under Section 19 of the Agreement, the City may conduct Periodic and Special Reviews of the Owner’s “good faith compliance with the terms of the Agreement.” The burden of proof is on the Owner to demonstrate compliance. Please submit any arguments and supporting documents evidencing compliance ten (10) days prior to the Review Hearing. In the event of a finding of noncompliance, the City Council may terminate the Agreement or impose such conditions as are reasonably necessary to protect the interests of the City in accordance with the Agreement and state law. The decision of the City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5.
This letter shall also serve as notice that the findings of this Review Hearing may inform the City Manager’s decision to revoke or suspend Commercial Cannabis Permit No. CCP18-0011 pursuant to Cudahy Municipal Code (“CMC”) Section 5.20.080(6), due to a failure to comply with the requirements of Chapter 5.20 of the CMC, or any condition of approval, or any other agreement or covenant required – inclusive of this Agreement.
The estimated cost for the Review hearing is $12,695.00. The Owner is responsible for the cost
Administrative Review Record - Aqua Tergere, LLC
of the Review Hearing. You are requested to deliver a cashier's check payable to the City of Cudahy three (3) days prior to the hearing date. The Review Hearing will proceed as scheduled whether or not the deposit is made; however, the City may consider the failure to make the deposit a further default on the Development Agreement.
Please contact Cecilia Madrigal at 323-773-5143 ext. 252 or [email protected] no later than ten (10) days from the date of this letter to confirm your appearance at the Review Hearing If we do not hear back from you by this date, we will assume you waive your right to present evidence at the hearing. Please be advised that the City’s Staff Report with exhibits will be available, upon request, for your review ten (10) days prior to the Hearing.
Thank you,
Jessica Guillen
Assistant Planner
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Tel: 323.773.5143 ext. 229
www.cityofcudahy.com
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
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Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT TT.
Letter from Operator dated August
26, 2024
Administrative Review Record - Aqua Tergere, LLC
4868-3911-6765
Marshall J. Hogan
Partner
P 714.427.7432 | F 714.427.7799
[email protected]
Snell & Wilmer | Plaza Tower | 600 Anton Boulevard | Suite 1400 | Costa Mesa, CA 92626 SWLAW.COM August 26, 2024
Paloma McEvoy, Esq.
Olivarez Madruga Law OrganizaƟon, LLP
500 S Grand Ave, Floor 12
Los Angeles, CA 90071
[email protected]
Dear Ms. McEvoy:
Thank you for speaking with me this aŌernoon. As we discussed, my firm has just been retained by Aqua Tergere LLC to help it with respect to the possible winding up of its affairs. Despite anything that has happened in the past, we can speak only to Aqua Tergere’s representaƟon going forward. We intend to work with you and the City of Cudahy in a professional and reliable manner with respect to the dispute Aqua Tergere and the City.
During our call, you informed me that the City of Cudahy is holding a hearing tomorrow at 9:00 a.m. (“Hearing”) concerning Aqua Tergere’s compliance under the Developmental Agreement. I had not been informed of the Hearing and the Ɵming of my call was coincidental. Indeed, I had not even received your informaƟon unƟl last Thursday and was unable to reach out to you unƟl earlier today. At this point, my firm has known about the Hearing with less than 24 hours’ noƟce—when I learned about it from you on our call. When I asked about virtual or telephonic access, I was told that only in-person appearances were allowed at the Hearing. I have tried to contact colleagues who pracƟce land use law about aƩending the hearing and, unfortunately, I have found no one available to aƩend the Hearing on such short noƟce. Even if someone were able to aƩend, that person would not have Ɵme to educate him or herself sufficiently to speak about the substance of the allegaƟons. More than likely, such person would be asking the City for a short conƟnuance of the Hearing, which is the purpose of this leƩer.
We ask that the City conƟnue the Hearing by one month. This short conƟnuance would allow my firm to understand the allegaƟons so that it can be in a posiƟon to respond to those allegaƟons on behalf of Aqua Tergere and avoid potenƟal prejudice that would result from going forward with the Hearing in Aqua Tergere’s absence.
We understand this dispute has been pending for several months, if not years. We submit that another 30-day conƟnuance will not prejudice the City, but runs a great risk of prejudicing Aqua Tergere. Aqua Tergere reserves all rights with respect to the City’s allegaƟons and the Hearing, including without limitaƟon the right to challenge any findings or determinaƟons made at the Hearing in Aqua Tergere’s absence.
Administrative Review Record - Aqua Tergere, LLC
4868-3911-6765
Marshall J. Hogan
Partner
P 714.427.7432 | F 714.427.7799
[email protected]
Snell & Wilmer | Plaza Tower | 600 Anton Boulevard | Suite 1400 | Costa Mesa, CA 92626 SWLAW.COM We appreciate your consideraƟon of this maƩer.
Very truly yours,
Snell & Wilmer
Marshall J. Hogan
Administrative Review Record - Aqua Tergere, LLC
Ordinance No. 759
EXHIBIT “B”
HEARING OFFICER DECISION AND ORDER
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DECISION and ORDER
Administrative Hearing Regarding Compliance by Aqua Tergere LLC (Respondent) with Commercial Cannabis Permit (CCP) 18-0011 and Development Agreement (DA) 18-011C Between Respondent and the City of Cudahy (City).
Hearing Date: August 27, 2024.
Hearing Officer: Steve Napolitano, Esq. The Hearing Officer was present for the hearing.
The hearing took place in the City Council Chambers at Cudahy City Hall, 5220 Santa Ana St., Cudahy, CA 90201. The hearing was recorded and a copy is available through the City Clerk’s Office.
Respondent: Aqua Tergere LLC, 8210 Atlantic Avenue, Cudahy, CA 90201. Respondent did not appear and was not represented at the hearing.
City was present and represented by:
• Cecilia Madrigal-Gonzalez, Senior Planner
• Paloma McEvoy, Assistant City Attorney
• Juan Arauz, Community Development Director
• Joshua Calhoun, Finance Director
• Raul Diaz, Building Official
• Richard Iglesias, City Clerk
DECISION SUMMARY
Based on the evidence and analysis discussed below, this Hearing Officer finds that a preponderance of the evidence shows that Respondent, despite considerable notice and opportunities to cure any issues, has breached the terms and conditions of DA 18-011C and its CCP and recommends that the Planning Commission and/or City Council repeal Ordinance No. 697 and terminate DA 18-011C and revoke CCP 18-0011.
ADMINISTRATIVE HEARING PROCEDURES
All state and local public entities are subject to due process of law. State agencies are subject to statutory requirements, including the Administrative Procedures Act. Local public agencies are, with some minor exceptions, not subject to the APA and generally subject only to the constitutional limitations of due process of law. Govt. Code §11410.30. While a local agency may elect to apply some or all of the provisions of the APA to its hearings, the City has not done so.
The process required by law are those imposed by our constitution(s) as well as any procedures adopted by the City. In Mohilef v. Janovici (1996) 51 Cal.App.4th 267 and E.W.A.P., Inc. v. City of Los Angeles (1997) 56 Cal.App.4th 310, the court explored what due process is necessary in an administrative proceeding. There is general agreement that there must be notice and an opportunity to be heard. Beyond this, “there is no precise manner of hearing which must be afforded; rather the particular interests at issue must be considered in determining what kind of hearing is appropriate. A formal hearing, with full rights of confrontation and cross-examination is not necessarily required. (Saleeby v. State Bar (1985) 39 Cal.3d 547, 565, 216 Cal.Rptr. 367, 702 P.2d 525.) ‘Due process’ is an elusive concept. Its exact boundaries are undefinable, and its content varies according to specific
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factual contexts.” Mohilef at 286. Our Supreme Court has stated, “[D]ue process may require only that the administrative agency comply with the statutory limitations on its authority.” People v. Ramirez (1979) 25 Cal.3d 260, 269
Beyond notice and a hearing, the procedures available in this case to the participants are those provided by Cudahy Municipal Code (CMC) 5.20.080.
The legal standard of review applicable to an administrative hearing is based on a preponderance of the evidence, or “evidence which is of greater weight and more convincing than the evidence which is offered in opposition to it; that is evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary, Fifth Edition.
BACKGROUND
Background information was presented in the City’s Staff Report dated August 27, 2024, with attachments A through TT, which were admitted into the record.
On September 11, 2017, the City adopted Ordinance No. 673 (Attachment A) establishing the City of Cudahy's commercial cannabis production activity regulations codified in Chapter 5.20 of the Cudahy Municipal Code (“CMC”). CMC Section 5.20.040 authorizes medicinal commercial cannabis activities within a designated overlay zone, pursuant to a development agreement adopted in accordance with the Development Agreement Law (Govt. Code 65864 et seq.) and Chapter 20.28 of the CMC.
On September 17, 2018, after conducting a duly noticed hearing, in conjunction with CMC Section
20.28.030, the Planning Commission reviewed, considered, and recommended disapproval of an ordinance to enter into and approve a Development Agreement (“DA”) and denial of a CCP No. 18- 0011 to permit cannabis manufacturing activities with accessory general business offices at 8210 Atlantic Avenue, Cudahy, CA (“Site”). The Agenda, Staff Report, and Draft Minutes are in Attachments B, C, and D.
On or around August 14, 2018, Respondent submitted a tenant improvement (“TI”) plan check application for cannabis activities at the Site to the City’s third-party plan checker (Plan Check #PC18- 0011) (Attachment EE). Plan Check #PC18-0011 was disapproved and waiting for Respondent to resubmit as of September 4, 2019 (Attachment FF). Due to inactivity, Plan Check # PC 18-0011 automatically expired 180-days afterwards, on March 2, 2020. The City has no record of a request for a time extension on the plan check application from the Respondent.
On October 1, 2018, the City Clerk’s Office received the Respondent’s appeal of the Planning Commission’s disapproval of the CCP and recommendation not to approve a development agreement between the City and the Respondent (Attachment E), pursuant to CMC Section 20.84.160 (Appeals).
Respondent claimed the Planning Commission “failed to articulate findings and provide supporting evidence identifying specific in the record that are reasons for the denial.” On November 6, 2018, the City Council, after conducting a duly noticed hearing, in conjunction with CMC Section 20.28.060, and after independent consideration and de novo review on appeal, the City Council approved the execution of DA No. 18-0011C (Attachment F) by first reading of Ordinance No. 697 and issuance of CCP No. 18-0011 through the approval of City Council Resolution No. 18-49 (Attachment X). The Agenda, Minutes, and Staff Report are provided in Attachments G, H, and I respectively.
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On November 20, 2018, the City Council conducted a second reading and adopted Ordinance No. 697 (Attachment J), authorizing the execution of DA No. 18-011C (Attachment K) inclusive of Exhibits A-F (Attachment L) between Respondent and the City authorizing commercial cannabis manufacturing activities and office at the Site as illustrated in Figures 1 and 2 in the Staff Report. The Site Plan and Floor Plan are incorporated by reference in Article 3(a) of DA No. 18-011C. Recital I of DA No. 18-011C permitted the Respondent to operate in an approximately 2,665 square foot (sf) building, inclusive of 1,084 sf of cannabis manufacturing space (Attachment K). The Agenda, Minutes, and Staff Report for the November 20, 2018 City Council Meeting are provided in Attachments M, N, O, respectively.
On March 18, 2019, the City received a plan check application (Plan Check #440) submittal for interior tenant improvements (“TI”) for a cannabis facility at the Site (Attachment R).
On October 2, 2019, the City provided Respondent with a Notice of Delinquency (Attachment P) prior to placing the Respondent in default status due to payment non-compliance with the Development Agreement and Commercial Cannabis Permit, inclusive of the non-payment of Community Benefit Fees, Cost Recovery Fees, and Non-Operating Fees in the amount of sixty-four thousand two hundred sixty-seven dollars and ninety-three cents ($64,267.93). The Respondent was given no later than October 17, 2019, to pay the past due amounts, however, the default was not timely cured.
On December 12, 2019, the City’s third-party plan checker approved Plan Check #440 for interior tenant improvements as noted in the record log (Attachment DD). No building permit was issued pursuant to Plan Check #440, therefore the plan check approval expired one-hundred and eighty (180) days after the approval date on June 12, 2020. The City has no record of a time extension request by the Respondent.
On May 4, 2021, the City provided Respondent with a Notice of Default (Attachment Q) due to the Respondent’s non-compliance with payment of fees and associated penalties in the amount of two hundred eight thousand three hundred nine dollars and nine cents ($208,309.09). The Respondent was given no later than thirty (30) days to cure the default, however, the default was not timely cured.
On August 17, 2022, City staff and the Los Angeles County Sheriff’s Department conducted an inspection of the Site and observed multiple Building, Mechanical, Electrical, and Plumbing Code violations. As such, the City issued a stop work notice due to unpermitted construction (Attachment S).
During the inspection, the following building, mechanical, fire, electrical, and plumbing code violations were observed:
1. installation of insulated panel walls;
2. installation of cannabis extraction room;
3. installation of fire suppression system;
4. installation of HVAC ducts;
5. installation of an upgraded electrical panel; and
6. installation of plumbing throughout the facility.
All violations observed were constructed without obtaining proper Zoning Clearance, engineered drawings, plan check approval, building permit issuance, and inspections. The Respondent failed to take necessary actions to correct the stop work notice. To correct the actions, the Respondent was required to obtain requisite approvals and permits from the City Planning Division and Building & Safety Division. As of the writing of the Staff Report, the Respondent has not obtained requisite approvals and permits from the City Planning Division, Building & Safety Division, or the County Fire Department.
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On September 13, 2022, the City proceeded to declare the structure unsafe and dangerous for occupancy, commonly referred to as “red-tag” and issued a letter (Attachment T) to Respondent to clear all violations within 10 days. The notice was also placed at the Site as shown in Attachment T.
However, as detailed below, Vladimir Calderon (“Property Owner”) pulled a demolition permit to remove the unpermitted improvements and the Site’s red-tag status was removed on May 9, 2023.
On September 20, 2022, Respondent appeared at City Hall to discuss the Site’s red-tag status. City staff spoke with Respondent and answered questions on the unpermitted improvements and financial obligations. Respondent also verbally requested a time extension, City staff advised Respondent to submit formal extension in writing. No such written request was ever received.
On September 21, 2022, the City received an email (Attachment U) from Vince Sanchez memorializing the conversation with City staff on September 20, 2022, and acknowledging the red tag status, and informing the City of hardships with their previous contractors, requesting to amend the DA to allow a different license type and requesting an extension to complete the list of corrections detailed in Attachment T.
On September 22, 2022, the City received an email from Cheryl Montanez (Attachment GG) from MO+RE Design Solutions in which Ms. Montanez stated that the unpermitted improvements did not match the plans she had reviewed and requested additional information and guidance to understand the City’s building permit process. City staff advised Ms. Montenez regarding the City’s records and building permit process. No further correspondence or inquiries were received from Ms. Montanez.
On December 6, 2022, the City Manager presented the City Council with a proposed Cannabis Deferment and Payment Program to assist cannabis operators with the accumulated Community Benefits, Cost Recovery and Non-Operating Fees by deferring and providing additional time for payment without penalty. The City Council directed the City Manager to offer the Payment Agreement to operators who had defaulted on their payment obligations, which was approved by the City Council.
All cannabis operators interested in participating in this program were given no later than January 31, 2023, to execute a payment agreement with the City. The City Manager did not receive a request from the Respondent to participate in the Cannabis Deferment and Payment Plan.
On March 20, 2023, the City sent a Final Demand Letter (Attachment W) demanding Respondent to respond to the following demands: 1) An updated project description; 2) Approvable plans for the Respondent’s cannabis operation; and 3) Forwarding payment for the total past due amounts. The Respondent did not respond in a timely manner and failed to make any attempt to cure the defaults within the thirty (30) day period.
On April 24, 2023, the City received an unsolicited email from "[email protected]," claiming to provide notice to the City that Aqua Tergere, LLC had (1) “officially shut down;” (2) the company had gone bankrupt; and (3) the company was no longer able to continue operations (Attachment Y). The email also informed the City that the building lease had expired and the Respondent returned the keys to the landlord. Lastly, the email informed the City that the Respondent was withdrawing its “submission application” (Attachment Y).
On May 2, 2023, the City responded to the Respondent's email communication, which informed the Owner that the notice was insufficient to terminate the DA and provided the correct process in order to terminate the DA which requires the written notice to “be signed, by an authorized party, and given personally or by registered or certified mail (return receipt requested), or by Federal Express, UPS or
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similar couriers” (Attachment Y). The Respondent was given no later than (10) days from the date of the letter to submit the requisite documentation (Attachment Y).
On May 9, 2023, the City issued the Property Owner a demolition permit (Permit #820) to demolish all unpermitted work (Attachment CC). The Site’s red tag-status was subsequently removed.
On May 18, 2023, the City received formal written notification dated May 8, 2023, from Mr. Charles Arden, representing the Respondent, informing the City of their decision to terminate the lease agreement for the Site and requesting that the letter serve as official confirmation of the voluntary termination of their cannabis operation in the City (Attachment Z).
According to the lease terms, the Respondent’s leasehold interest in the Site expired on May 31, 2023 (Attachment L). The lease did not provide any options to extend the lease term.
On August 22, 2023, the City provided Respondent a letter (Attachment HH) acknowledging the May 8, 2023, Notice of Termination was received by the City pursuant to DA Article 14(d) and effective upon the date of the written notice. The letter confirmed that the Respondent had “ceased all cannabis operations within the City. Proper notice of termination of the Development Agreement has been given by Aqua Tergere, LLC and such termination is effective upon the date written notice was given to the City. Therefore, the City is prepared to process documents terminating Development Agreement No.
DA18- 0011 [as] of May 18, 2023, except as set forth in the Agreement” (Attachment HH, emphasis original). The City advised that it had prepared documents to formally terminate the DA pursuant to Article 11(c), which states “Termination of this Agreement shall not, however, eliminate the rights of the City to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.” As of May 18, 2023, the outstanding fees due to the City, inclusive of Operating Fees, Community Benefit Fees, and Cost Recovery Fees, is $334,921.56. The City prepared an “Agreement Re: Aqua Tergere, LLC’s Notice of Termination of Development Agreement No. DA18- 011C and Voluntary Surrender of Commercial Cannabis Permit No. 18-0011” (Attachment HH – pp. 3- 6) and a “Memorandum of Termination” (Attachment HH – pp. 7- 8) for Respondent’s review and signature. The Respondent responded to the City by asking for an extension of time, until September 15, 2023, to respond to the City’s Notice of Termination (Attachment LL).
On October 26, 2023, more than a month after the Respondent’s requested extension (Attachment O) to respond, an attorney for the Respondent contacted the City with an offer to settle the outstanding amount owed to the City, under the following terms:
1. termination of DA No. 18-011C;
2. waiver of all fees, penalties, and/or other sums, including but not limited to any and all guarantees by the Company and/or individual members, allegedly owned by the Respondent and/or its members;
3. waiver of all fees, penalties, sums, and/or claims, including but not limited to, any personal guarantees, allegedly due and/or owed by the Respondent and/or individual member(s); and
4. mutual waiver of all fees, penalties, sums, and/or claims arising out of or from under DA No. 18- 011C.
The Respondent’s legal counsel did not dispute the amount of the fees accumulated or the fact that fees were due, but objected to payment on the basis that the Respondent was “unable to secure timely reviews and/or approval of plans or specifications” during “most of 2020 and 2021” (Attachment OO).
Respondent’s counsel further argued that the “City is precluded from collecting any fees or penalties due to State and Federal emergency orders in place preventing or precluding timely construction and/or
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development, that the City’s failure to treat all applicants/licensees equitably during this time of extreme emergency was a denial of due process, and the alleged Community Benefit Payments (CBD) presuppose a ‘going concern’ – a fully operational business” (Attachment OO). Respondent’s legal counsel did not offer any explanation as to the Respondent’s noncompliance in 2019, 2022, and 2023.
Nor did Respondent’s counsel demonstrate how the Respondent had been treated inequitably by the City or how the Respondent had been denied due process.
Due to the characterization of the statements made by Respondent’s counsel and an offer to “settle claims” the City Council conferred regarding the foregoing settlement terms in a Closed Session hearing pursuant to Government Code Section 54956.6(d)(2), which permits a closed session discussion due to anticipated litigation. The City Council did not accept the Respondent’s proposed settlement terms and directed the City Attorney’s Office to communicate this decision to the Respondent’s counsel. The City’s letter noted the number of unfounded and unsupported assertions made by the Respondent’s counsel including the fact that governmental orders during the COVID-19 pandemic did not preclude commercial construction or cannabis activities such as cultivation, manufacture, and sales; the lack of substantiation regarding unfair or inequitable treatment; a Constitutional prohibition of a gift of public funds; and a lack of due process (Attachment PP).
On July 11, 2024, the City issued to the Respondent a Notice of Review Hearing with the hearing date, time, and place via certified mail (Attachment II).
On July 24, 2024, the City received email correspondence from F. Araiza-Kasame, Esq. requesting the August 12, 2024, hearing date stating Respondent is unable to attend the hearing (Attachment SS).
On July 30, 2024, the City granted a one-time request to Respondent to reschedule the Review Hearing to August 27, 2024, at 9:00 AM (Attachment SS). The revised Notice of Review Hearing with the hearing date, time and place was sent via certified mail and email.
As of July 25, 2024, the website for the California Department of Cannabis Control shows no record of a cannabis license issued to Aqua Tergere, LLC (Attachment RR).
As of July 25, 2024, the Respondent’s status with the Secretary of State and the Franchise Tax Board is suspended (Attachment QQ), meaning the Respondent’s powers, rights and privileges are suspended in the state of California.
On August 26, 2024, the City received correspondence from Respondent’s legal counsel advising the City that they had recently been retained and asking for a one month continuance of the hearing.
PROCEDURAL ISSUES
As noted, Respondent did not participate and was not represented at the hearing. No evidence was submitted by Respondent.
By letter dated August 26, 2024, the City received another request to reschedule Respondent’s hearing date by a month from Respondent’s newly engaged legal counsel, Marshall Hogan of the law firm of Snell & Wilmer. This request was denied by the City given that Respondent had previously been given a one-time grant to reschedule the hearing as mentioned above. Mr. Hogan’s letter stated that he was not even aware of the hearing schedule until he talked to the City’s legal counsel prior to sending his letter requesting the rescheduling. Respondent was provided adequate notice of the hearing date and time, and it was Respondent’s responsibility to inform their new counsel of it.
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Under these circumstances, the Hearing Officer agreed that Respondent had adequate notice of the hearing, that Respondent had been given a grant to reschedule the hearing previously, and that it was Respondent’s responsibility to inform its new counsel of the hearing date and time and the circumstances under which the hearing was to be held, and that for these reasons, a further rescheduling was also denied by the Hearing Officer.
Evidence submitted prior to the hearing by City staff and testimony and statements made at the hearing by City staff are incorporated herein by reference, including the City’s Staff Report dated August 27, 2024, including all attachments previously mentioned.
The City engaged this Hearing Officer to conduct an impartial, independent review of the evidence in this matter and determine whether Respondent is in compliance with its CCP and DA between itself and the City.
No objections or other procedural issues were raised.
Presenting City Staff members were sworn in prior to giving testimony.
EVIDENCE
Joshua Calhoun, Finance Director, testified as to the accuracy of amounts owed by Respondent and that Respondent had failed to make their required fee payments aside from three small installment payments. Mr. Calhoun confirmed that Respondent did not participate in the City’s deferment plan.
Raul Diaz, Building Official, stated that the City approved Respondent’s plans but no permits were ever issued to Respondent for any property improvements, and as a result, Respondent’s plan approval expired 180 days later. Mr. Dias further stated that a subsequent site inspection found multiple violations, which led to the City red tagging the building due to safety concerns. Respondent’s unpermitted improvements were later demolished by the Property Owner.
Cecilia Madrigal-Gonzalez, Senior Planner, stated that no plan checks or permits were ever issued to Respondent.
Richard Iglesias, City Clerk, stated that all records referred to in the City’s Staff Report were true and correct and that all files were part of City’s permanent records.
ANALYSIS
Pursuant to the CMC Section 5.20.080(6)(a), “[a]ny material violations of this chapter or any other relevant city law by a cannabis permittee, or cannabis permittee’s agent, is grounds for suspending or revoking the relevant cannabis permit.” To suspend or revoke a cannabis permit the City Manager must determine “that the cannabis permittee has failed to comply with any conditions of approval, or any agreement or covenant.”
Under Section 19 of the Development Agreement, if the “City finds and determines based on substantial evidence that, Owner or Landlord executing [the] Agreement, or successor in interest thereto, has not complied in good faith with the terms or conditions of the Agreement, City may terminate or modify [the] Agreement (except that no modification shall increase Owner’s liability nor reduce Owner’s rights).”
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The City asserts that Respondent has made several material violations of the CCP and/or DA as outlined in the City’s Staff Report and testimony, which will be discussed as follows.
1. Breach of Payment Obligations
On February 12, 2018, Respondent executed DA No. 18-011C, which is a legally binding contract between the Respondent and the City and requires payment of certain fees. Additionally, in accordance with Article 7(c)(1), late payment of Non-Operating Fees is subject to penalties that begin to accrue once a payment is more than thirty (30) days late. The City provided proper notice of default to the Respondent with the opportunity to cure, but the Respondent failed to fulfill its monetary obligations owed to the City (Attachment KK).
Pursuant to the DA Section 5.b (Community Benefit Fees), Section 7(c) (Operating Fees) and Section 8 (Cost Recovery Fees), the Respondent must pay the City an annual Community Benefit Fee in the amount of $66,667.00 ($13,333.40 down payment and monthly payments in the amount of $5,333.36), a Cost Recovery Fee, and an Operating [or Non-Operating] Fee each year since 2018. The Respondent is also obliged to make payments for Cost Recovery Fees within 30 days of receipt of a City invoice pursuant to Condition of Approval Nos. 1(a) and 1(b) of the CCP; pay all Operating Fees under the DA pursuant to Condition of Approval No. 8; and all fees due under the DA pursuant to Condition of Approval No. 17. The City offered the Respondent a Deferred Cannabis Payment Plan to grant the Respondent relief in the form of deferred payment obligations of the Operating Fees and a payment schedule for past due Community Benefit Fees and Cost Recovery Fees; and an obligation to remain current on recurring fees under the DA, however the City did not receive any response from the Respondent. As stated above, on May 18, 2023, the City was provided notice by the Respondent stating they had ceased cannabis operations, and as such the termination began effective upon the date of written notice received.
Pursuant to DA Article 11(c) the termination of the DA does not eliminate the City from seeking any applicable and available remedies or damages based upon acts or omissions occurring before termination. Respondent is not relieved of obligations already incurred. As such, Respondent has not made the required timely payments and as of May 18, 2023, the outstanding fees and costs to the City are $334,921.56 as shown in Table 1 of the Staff Report.
No evidence was provided by the Respondent regarding its failure to pay the fees and penalties discussed above. The City is not obligated to waive any fees or penalties in this matter and no evidence was provided to show how COVID 19 should relieve Respondent of its obligations. Even under the “Force Majeure” of the DA, Respondent is only owed and extension of time to perform, the clause does not otherwise relieve Respondent of its duties under the DA. Moreover, the City provided a deferment plan that Respondent did not respond to or participate in, and otherwise ignored multiple opportunities to cure violations of DA.
Finding #1--Based on the evidence provided by the City above, and the failure of Respondent to provide sufficient evidence to the contrary, a preponderance of the evidence shows that Respondent has materially breached the terms of DA No. 18-011C by failing to make all required payments to the City as required.
Additionally, the City approved DA No. 18-011C subject to Conditions of Approval, which are incorporated under Article 18 of the DA. Condition of Approval 1(b) provides that the Respondent is required to pay all City-issued invoices within 30 days of receipt thereof. The City sent the Respondent
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regular monthly invoices for Community Benefit Program Fees, Cost Recovery Fees, Non-Operating Fees, and late penalties since 2021 (Attachment KK). The current outstanding fees owed by the Respondent have been owed to the City for longer than thirty (30) days. Despite demand and after proper notice of default and opportunity to cure, the Respondent has failed to cure its monetary obligations owed to the City.
Finding #2--Based on the evidence provided by the City above, and the failure of Respondent to provide sufficient evidence to the contrary, a preponderance of the evidence shows that Respondent has failed to comply with Conditions of Approval Nos. 1(a) and (b) of the CCP, which require the Respondent to pay all City-issued invoices within thirty (30) days of receipt thereof.
In accordance with the above evidence that supports Findings 1 and 2, the Respondent’s non-payment of Non-Operating Fees due under the Development Agreement and all fees due under the Development Agreement, respectively in violation of Condition Nos. 8 and 17 and constitute grounds for termination of the DA and revocation of the Respondent's interest in the CCP.
Finding #3--Based on the evidence provided by the City above, and the failure of Respondent to provide sufficient evidence to the contrary, a preponderance of the evidence shows that Respondent’s failure to pay Operating Fees and all fees due under the DA, respectively, constitutes a failure to comply with the CCP and a cross-breach of the DA.
2. Breach of Conditions of Approval No. 23 (Time Limits) under CCP18-0011 CCP Condition of Approval No. 23.A states the approval decision for this CCP becomes effective upon the expiration of the 15-day appeal period following the approval decision, or when any appeals of the decision are finally resolved. The CCP was approved by the City Council on November 6, 2018. No appeal to the grant of the CCP was ever filed and was therefore effective as of November 22, 2018.
CCP Condition No. 23.A.i sets a 90-day time limit from the effective date of the CCP for the Respondent to obtain a Zoning Clearance. CCP Condition No. 23A.ii sets a 90-day time limit from the effective date of the CCP for the Permittee to complete construction of Phase I, as indicated on the approval Final Floor Plan. CCP Condition No. 23A.iii sets a 180-day time limit from the effective date of the CCP for the Respondent to complete all Tenant Improvements and construction and to obtain a Certificate of Occupancy from the City Building Department. The City Manager may grant an extension of time if the Respondent can demonstrate it has made a diligent effort to implement the project.
As stated above, on or around August 14, 2018, Respondent submitted TI plans to the City’s third-party plan checker, however, the plans were disapproved, and Respondent did not address corrections and the application for Plan Check #PC18-0011 expired on March 2, 2020. On March 18, 2019, Respondent submitted a second building permit application for TI improvements (Plan Check #440) and received approval from the City’s third-party plan checker on December 12, 2019, however, the Respondent failed to obtain the building permit, and as such the approval for Plan Check #440 expired on June 12, 2020. The City has no record of the Respondent applying for Zoning Clearance.
Respondent submitted plans (Plan Check No. #PC18-0011) that were ultimately disapproved.
Respondent received approval for Plan Check #440 on December 12, 2019, after the prescribed time periods to implement the Project. However, Respondent failed to obtain a building permit. Plan Check #440 expired on June 12, 2020. The Respondent did not complete the actions described in CCP Condition No. 23.A within the prescribed time periods. Without an extension, the deadlines to complete all phases of the Project expired in 2019. The City has no record of any request by the Respondent to the City Manager for an extension of time.
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Finding #4--Based on the evidence provided by the City above, and the failure of Respondent to provide sufficient evidence to the contrary, a preponderance of the evidence shows that Respondent remains in breach of its conditions of approval by failing to implement the Project within the time limits set forth in the Conditions for Approval No. 23.A, despite the Respondent’s submittal for building plan check.
3. Breach of Conditions of Approval No. 21 (Construction Activities) under CCP 18- 0011
CCP No. 18-0011 Condition of Approval No. 21 states that prior to any construction, the Respondent shall obtain a Zoning Clearance for construction from the Planning Division and a Building Permit from the Building and Safety Division.
The City has no record of the Respondent applying for a Zoning Clearance or issuance of a Building Permit to complete or perform any construction at the Site. Yet, on August 17, 2022, the City entered the Site and observed the installation of insulated panel walls, a cannabis extraction room; a fire suppression system; HVAC duct; upgraded electrical panels; and plumbing throughout the facility. In accordance with the CCP, no such construction activities may take place without obtaining the proper clearances and approvals from the City.
Finding #5--Based on the evidence provided by the City above, and the failure of Respondent to provide sufficient evidence to the contrary, a preponderance of the evidence shows that Respondent is in violation of Condition of Approval No. 21 under CCP No. 18-0011.
4. Breach of Modification Procedures
CCP No. 18-0011 Condition of Approval No. 20 states prior to undertaking any operational or construction-related activity which is not expressly described in the CCP conditions, the Respondent shall first contact the City Manager, or his designee, to determine if the proposed activity requires a modification of the CCP. The City Manager may, at his sole discretion, require the Respondent to file a written and/or mapped description of the proposed activity in order to determine if a permit modification is required. Article 7(c) of DA No. 18-0011 also provides that the Respondent was limited to a 1,084 sf space to conduct any cannabis manufacturing activities. Any proposed deviation from the permitted square footage must be approved by the City Manager.
As stated previously, City staff conducted an inspection of the Site On August 17, 2022, and observed several violations of Building, Mechanical, Electrical, and Plumbing codes. Staff observed several improvements that were made to the Site that did not conform to the originally approved Site Plan and Floor Plan, inclusive of a cannabis extraction room, which was not an approved for commercial cannabis activity. The City has no record of a written or mapped description of the proposed design changes made to the facility as Condition of Approval No. 20 requires. The City Manager had not approved any changes to the facility that did not conform to the original Site Plan and Floor Plan approved by the City in the Respondent’s CCP and DA.
Finding #6--Based on the evidence provided by the City above, and the failure of Respondent to provide sufficient evidence to the contrary, a preponderance of the evidence shows that Respondent breached its conditions of approval for CCP No. 18-0011 by failing to receive City Manager approval for the design changes made to the facility set forth in Condition of Approval No. 20 prior to constructing the changes.
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Pursuant to the foregoing evidence stated to support Finding 6, the Respondent not only modified the Project by engaging in unpermitted construction, but the scope of the unpermitted construction supported cannabis extraction activities, which is outside of the scope of the City’s approvals. The City has no record of any attempt to modify the scope of activities or the initially approved Floor Plan and Site Plan, and therefore constitutes grounds for termination of DA No. 18-0011.
Finding #7--Based on the evidence provided by the City above, and the failure of Respondent to provide sufficient evidence to the contrary, a preponderance of the evidence shows that Respondent breached the DA by implementing project changes that were outside of the scope of approved commercial cannabis activities without seeking prior approval from the City Manager pursuant to the DA Article 7 (c).
5. Failure to Obtain State-Issued Cannabis Licenses for Cultivation and Manufacturing
Recital I of the DA states the Owner has applied for one (1) license: manufacturing. Article 21 of the DA states that the facility shall not operate unless the Respondent is the holder of a State-issued Cannabis license for the type of commercial cannabis facility or business operation that is the subject of the DA.
The DA also requires the Respondent to be a lawful entity capable of operating in accordance with a state-issued cannabis license.
City Staff searched the term “Aqua Tergere” on the Cal Cannabis website which showed no record of an active cannabis license issued to the Respondent (Attachment RR).
Finding #8--Based on the evidence provided by the City above, and the failure of Respondent to provide sufficient evidence to the contrary, a preponderance of the evidence shows that Respondent breached the DA because the Owner has not obtained a State-issued Cannabis license for the facility.
6. Failure to Maintain a Legal Business Entity
The DA sets forth standard operating procedures as mentioned in DA No. 18-011C Article 4(a) (Facility Operations). Article 4(a) requires the Owner to “lawfully operate in accordance with all state and local laws.” In addition, CCP No. 18-0011 Condition of Approval No. 3 requires the Respondent to implement the Project in “compliance with all applicable requirements and enactment of federal, state, and local authorities.” Condition of Approval No. 22 also states that the Respondent is “responsible for being aware of and complying with the CCP conditions and all applicable federal, state, and local laws and regulations.
The Respondent’s legal status as a California limited liability company, Aqua Tergere, LLC, with the Secretary of State and Franchise Tax Board is suspended. A Certificate of Status from the Secretary of State (dated July 25, 2024) for the Respondent’s LLC status states “The above-referenced entity’s powers, rights and privileges are suspended in California (Attachment QQ) (See, Rev. & Tax Code § 23301).
A suspended business entity is essentially prohibiting the entity from legally operating within the State of California unless and until the suspended status is withdrawn. The consequence of the suspended status includes, without limitation, a prohibition for selling, transferring, or exchanging real property in the state of California; as well as a risk of any contracts entered into by the entity during the time of suspension as voidable at the option of the other party (See, e.g., Casiopea Bovet, LLC v. Chiang
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(2017) 12 Cal.App.5th 656, 662; City of San Diego v. San Diegans for Open government (2016) 3 Cal.App.5th 658, 577).
Finding #9--Based on the evidence provided by the City above, and the failure of Respondent to provide sufficient evidence to the contrary, a preponderance of the evidence shows that Respondent breached the DA and is in violation of CCP No. 18-011 because Respondent has failed to maintain a legal business entity as required.
7. Failure to Maintain Legal or Equitable Interest Over Real Property Development Agreement Law permits a city, county, or city and county to enter into a development agreement with a person having a legal or equitable interest in real property (Gov. Code § 65865(a)).
On May 18, 2023, the Respondent informed the City that it no longer had an equitable or legal interest in the Site because it no longer held a lease with the Site’s landlord. Further, the leasehold interest in the Site ended on May 31, 2023, and the lease did not offer any options for a lease extension. The Respondent no longer has any legal interest in the Site and therefore, has no right to maintain a development agreement with the City for rights at the Site. The maintenance of the DA with a party that does not have a legal and equitable interest in the Site would violate state law, specifically the Development Agreement Law.
Finding #10--Based on the evidence provided by the City above, and the failure of Respondent to provide sufficient evidence to the contrary, a preponderance of the evidence shows that Respondent no longer has a leasehold interest in the Site and therefore has no legal standing to be a party to a development agreement with the City.
DECISION AND ORDER
Based on the evidence and analysis discussed above, this Hearing Officer finds that a preponderance of the evidence shows that Respondent, despite considerable notice and opportunities to cure any issues, has breached the terms and conditions of DA 18-011C and recommends that the Planning Commission and/or City Council repeal Ordinance No. 687 and terminate DA18-011C and that the City Manager revoke CCP No. 18-0011, respectively.
This decision does not affect the payments and penalties outlined in the City’s Staff Report, which are still accumulating, owed and due to City from Respondent.
Submitted September 24, 2024 by Steve Napolitano, Esq., Administrative Hearing Officer.
Steve Napolitano, Esq.
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Ordinance No. 759
EXHIBIT “C”
PLANNING COMMISSION RESOLUTION
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/01/2025 Page 1 of 3
STAFF REPORT
Date: April 1, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: Ray Casey, Senior Engineer
Subject: Adopt Resolution No. 25-15 Appointing a Member and Alternate to GWMA Governing Board and Approve Third Amendment to the Memorandum of Understanding (MOU) with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) and the Los Angeles River Upper Reach 2 (LAR UR2) Watershed and appointments to the GWMA Governing Board
RECOMMENDATION
The City Council is requested to adopt Resolution 25-15 Appointing Raul Diaz as a member and Juan Arauz as alternate to GWMA Governing Board and authorize the City Manager to sign the Third Amendment to the Memorandum of Understanding (Attachment B) between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA), acting as the fiduciary for the agreement, and the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon (LAR UR2 Subgroup Cities) and the Los Angeles County Flood Control District (LACFCD) and appoint Raul Diaz as a member and Juan Arauz as an alternate to the GWMA Governing Board.
BACKGROUND
1. On November 8, 2012, the Los Angeles Regional Water Quality Control Board (LARWQCB) adopted the new Municipal Separate Storm Sewer System (MS4 Permit) which became effective December 28, 2012.
2. On June 4, 2013, the City Council approved and accepted membership into GWMA in order to comply with MS4 requirements. The GWMA is an Integrated Regional Water Management Group Joint Power Authority (IRWM JPA) established in 2007, and currently consisting of 24 members; on the same date Council approved a MOU between the GWMA, the LAR UR2 Subgroup Cities and LACFCD in order to comply with the new MS4 Permit (Order No. R4-2012-0175); on June 4, 2013, Council also adopted Resolution No. 13-17 regarding Green Streets Policy adopting the City of Cudahy Green Streets Manual.
Item Number
14A
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/01/2025 Page 2 of 3
3. On November 17, 2014, the Parties to the MOU entered into a First Amendment to the MOU to:
a. add implementation of the Plans to the scope and purpose of the MOU and; b. provide a separate cost-share formula for the implementation of the Plans.
4. On November 25, 2014, Council adopted Ordinance No. 640, which added Chapter 20.108 pertaining to Low Impact Development (LID) Strategies on Projects that require Building, Grading and Encroachment Permits to Title 20 (Zoning) of the City of Cudahy Municipal Code.
5. On June 28, 2014 as required by the state permit, the Watershed Management Plan (WMP) and Coordinated Integrated Monitoring Plan (CIMP) studies were prepared, with the help of CWE Consultants, and were submitted to the LARWQCB.
6. On April 9, 2020, the Parties to the MOU entered into a Second Amendment to the MOU in order to extend the MOU’s term to December 31, 2024.
7. On July 23, 2021, the Los Angeles Regional Water Quality Control Board approved a new MS4 Permit, which continues the WMP and CIMP permit compliance options.
ANALYSIS
The Third Amendment to the MOU which was prepared by the GWMA, acting in a fiduciary capacity, will modify the MOU that was approved by Council on June 4, 2013, and modified on November 17, 2014, and then again on April 9, 2020, for the purpose of redefining the term “MS4 Permit”, extending the term of the MOU, and amending the Financial terms of the MOU.
LAR UR2 Subgroup
Through the new MS4 Permit process, the City of Cudahy was able to join with neighboring cities in the preparation of a WMP and CIMP to customize and share the expenses associated with the MS4 Permit. The City of Cudahy joined the Los Angeles River Upper Reach 2 (LAR UR2) subgroup, consisting of the cities of Bell, Bell Gardens, Commerce, Huntington Park, Maywood, Vernon (LAR UR2 Subgroup Cities) and the LACFCD for the preparation of the WMP and CIMP.
GWMA Membership/Appointment
The GWMA is responsible for regional water planning including, assisting members with compliance regulations with the National Pollution Discharge Elimination System (NPDES) MS4 Permit. Due to Order R4-2012-0175 of the LARWQCB, the GWMA serves as the administrative body for the Council of Government Cities in the South East Region of Los Angeles County (Gateway Cities) in an effort to complete all MS4 Permit requirements. Pursuant to the bylaws, the City shall appoint a Member and up to three alternatives to the Governing Board.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT)
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/01/2025 Page 3 of 3
No construction activities or relaxation of standards allowing environmental degradation are proposed in conjunction with the approval of this MOU Third Amendment. In addition, it is expected that monitoring activities qualify as a Categorical Exemption under CEQA.
CONCLUSION
Approval of this item will allow the City to continue with its partnership in the GWMA and keep Cudahy in compliance with the new Municipal Separate Storm Sewer System MS4 Permit (Order R4-2012-0175 of the LARWQCB). If item is not approved, Cudahy will fall out of compliance with the new MS4 Permit and it will be subject to state/federal fines.
In addition, in order to have a staff member participate in GWMA activities and decision making of the Board, the City must appoint a representative and an alternate.
FINANCIAL IMPACT
The Third Amendment to the MOU does not have any cost directly attached to it.
ATTACHMENTS
A. Draft Resolution No. 25-15
B. Third Amendment to the Memorandum of Understanding (MOU) with Gateway Water Management Authority (GWMA) and the Los Angeles River Upper Reach 2 (LAR UR2) Watershed
RESOLUTION NO. 25-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, APPOINTING A MEMBER AND
ALTERNATE TO THE LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER MANAGEMENT JOINT
POWERS AUTHORITY GOVERNING BOARD
WHEREAS, the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) was formed in 2007 in response to the passage of two voter approved water bonds; Proposition 50, passed in 2002 and Proposition 84, passed in 2006; and
WHEREAS, the City of Cudahy is a member of the GWMA; and WHEREAS, under the GWMA Joint Powers Agreement, each member agency shall appoint one Member and up to three Alternate Members to the Governing Board in accordance with the GWMA Bylaws; and
WHEREAS, pursuant to the GWMA Bylaws, the Member and Alternate Members appointed by this Resolution shall hold office until September 30, 2025.
BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Effective April 1, 2025, Raul Diaz is appointed to serve as the GWMA Board Member representing the City of Cudahy.
2. Effective April 1, 2025, Juan Arauz is appointed to serve as alternate Board Member representing the City of Cudahy.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 1st day of April, 2025.
Elizabeth Alcantar Loza
Mayor
Attachment APage 1018 of 1122
Resolution 25-15
ATTEST:
Richard Iglesias
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No.25-15 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 1th day of April, 2025, and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Richard Iglesias
City Clerk
THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY AND
THE CITIES OF BELL, BELL GARDENS, COMMERCE, CUDAHY, HUNTINGTON PARK,
MAYWOOD, VERNON, AND THE LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT
TO
EXTEND THE MOU’S TERM IN ORDER TO UPDATE AND CONTINUE
IMPLEMENTING A WATERSHED MANAGEMENT PROGRAM (“WMP”) AND COORDINATED INTEGRATED MONITORING PROGRAM (“CIMP”) AS REQUIRED BY
THE REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION,
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NDPES) PERMIT FOR MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) DISCHARGES WITHIN THE COASTAL WATERSHEDS OF LOS ANGELES AND VENTURA COUNTIES, ORDER NO.
R4-2021-0105 (“MS4 PERMIT”)
This THIRD AMENDMENT to the memorandum of understanding (“MOU”) is made and entered into as of the date of the last signature set forth below, by and between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“GWMA”), a California Joint Powers Authority, and the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon (“Cities”), and the Los Angeles Flood Control District (“LACFCD”):
Recitals. This THIRD AMENDMENT is made with the respect to the following facts and purposes:
A. For the purposes of this Third Amendment, the term “Watershed Permittees” shall mean the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon, and the Los Angeles County Flood Control District; and
B. The Watershed Permittees and GWMA are collectively referred to as the “PARTIES”; and
C. On August 19, 2013, the PARTIES entered into a Memorandum of Understanding for Administration and Cost Sharing to Prepare a Watershed Management Program (“WMP”) and Coordinated Integrated Monitoring Program (“CIMP”), collectively the “Plans,” as required by the Regional Water Quality Control Board, Los Angeles Region, National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit, Order No. R4-2012-0175, as amended (“MOU”); and
D. The Watershed Permittees prepared and submitted the Plans to the Regional Board in compliance with certain elements of the MS4 Permit; and E. On November 17, 2014, the PARTIES entered into a First Amendment to the MOU to: (1) add implementation of the Plans to the scope and purpose of the MOU; and (2) Attachment BPage 1020 of 1122
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provide a separate cost-share formula for the implementation of the Plans, subject to annual budget approval, in accordance with each PARTY’S cost share allocation; and F. The GWMA, on behalf of the Parties, has hired a consultant, CWE Engineering (“Consultant”), to implement the Plans for the benefit of the Parties; and G. On April 9, 2020, the PARTIES entered into a Second Amendment to the MOU in order to extend the MOU’s term to December 31, 2024; and H. On July 23, 2021, the Los Agngeles Regional Water Quality Control Board approved a new MS4 Permit, which continues the WMP and CIMP permit compliance options; and
I. The PARTIES wish to again extend the MOU’s term in order to maintain their existing beneficial relationship and cooperatively implement the Plans to comply with the MS4 Permit requirements with the support of GWMA’s Consultant, including the process of updating the WMP and CIMP through adaptive management, and to update the financial terms of the MOU.
Agreement. The PARTIES agree that the following provisions of the MOU shall be amended as follows:
1. The term “MS4 Permit” shall hereafter refer to the “National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles and Ventura,” Los Angeles Regional Water Quality Control Board Order No. R4-2021-0105, NPDES Permit No. CAS004004.
2. Section 6 of the MOU entitled “Term” is hereby amended to read as follows:
“Section 6. Term. This MOU shall remain and continue in effect until December 31, 2027, unless sooner terminated as provided herein.”
3. Section 9 of the MOU entitled “Financial Terms” is hereby amended to read as follows:
“Section 9. Financial Terms.
a) Each Watershed Permittee shall pay its Proportional Costs as provided in Exhibit A for Consultant and any other related expenses to which the PARTIES may agree in writing.
b) Each Watershed Permittee shall also pay its proportional share of GWMA’s staff time for retaining Consultant and invoicing the Watershed Permittees, audit expenses and other overhead costs, including reasonable legal fees (“MOU Costs”) incurred by GWMA in the performance of its duties under this MOU.
The MOU Costs added by GWMA to each invoice submitted to each Watershed Permittee shall be a percentage based on the following formulas:
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i. GWMA Members: If the Watershed Permittee is a GWMA Member, then the MOU Costs do not include the GWMA’s estimated indirect, overhead costs, which GWMA Members absorb as part of their annual membership dues. The rate charged to GWMA Members in order to recover the MOU Costs will range between zero percent (0%) and five percent (5%) of the Watershed Permittee’s Proportional Costs. On an annual basis the GWMA will evaluate the percentage rate charged to GWMA Members to ensure it adequately recovers the GWMA’s cost of performing its duties under this MOU. Based on this review, the GWMA Board will establish the rate charged to recover the MOU Costs for the next fiscal year. The GWMA will provide the Representative fifteen (15) days’ written notice prior to July 1st of the fiscal year in which a new rate will take effect.
ii. Non-GWMA Members. If the Watershed Permittee is not a GWMA Member (currently LACFCD), then the MOU Costs will also include the GWMA’s estimated indirect, overhead costs. In order to recover direct MOU Costs, the rate charged to Non-GWMA Members will range between five percent (5%) and ten percent (10%) of theWatershed Permittee’s Proportional Costs and the rate charged to recover indirect MOU Costs will range between two percent (2%) and five percent (5%) of the Watershed Permittee’s Proportional Costs.
On an annual basis the GWMA will evaluate the percentage rates charged to Non-GWMA Members to ensure they adequately recovers the GWMA’s cost of performing its duties under this MOU. Based on this review, the GWMA Board may increase or decrease the rates charged to recover the MOU Costs, including both direct and indirect costs, for the next fiscal year. The GWMA will provide the Representative fifteen (15) days’ written notice prior to July 1st of the fiscal year in which a new rate will take effect. c) GWMA shall submit an invoice to each Watershed Permittee reflecting each Watershed Permittee’s estimated Proportional Costs of the Consultant’s services through the following June 30th. Prior to releasing payment to Consultant, GWMA shall submit a copy of the Consultant’s invoices to the Representative for approval by the LAR UR 2 Sub Watershed Committee. The decision regarding whether to pay the invoice shall be communicated to the GWMA by the Representative.
d) Upon receiving an invoice from GWMA, each Watershed Permittee shall pay its Proportional Costs set forth in that invoice to the GWMA within forty-five days (45) days of receipt.
e) By March 15th of each year, the Representative shall submit to GWMA a recommended budget for the following fiscal year. GWMA shall consider the recommendation and adopt a budget by June 30th inclusive of the Representative’s recommendation. GWMA will send each Watershed Permittee no later than June 30th of each year an invoice representing the Watershed Permittee’s Proportional Costs of the adopted budget. GWMA shall not expend funds in excess of each
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annual budgeted amount without prior notification to and approval by the Representative.
f) Each Watershed Permittee shall review its recommended Proportional Costs for the upcoming fiscal year in a timely manner for inclusion in its next budget cycle or exercise the withdrawal and termination clause as specified in Section 13.a of the MOU.
g) A Watershed Permittee will be delinquent if the invoiced payment is within the budgeted amounts or the amounts authorized by the Group and such invoiced payment is not received by the GWMA within forty-five (45) days after the GWMA first sent the invoice. The GWMA will follow the procedure listed below, or such other procedure that the Group directs to effectuate payment: 1) verbally contact the official of the Watershed Permittee with copies to each other Watershed Permittee to the person and at the address to which notices should be addressed pursuant to Section 14 of the MOU, and 2) submit a formal letter from the GWMA Executive Officer to the Watershed Permittee. If payment is not received within sixty (60) days following the due date, the GWMA may terminate the MOU unless the City Managers/Administrators of the Watershed Permittees in good standing inform the GWMA in writing that their respective Watershed Permittees agree to adjust their Proportional Cost allocations in accordance with the Cost Share Formula in Exhibit A. The terminated Watershed Permittee shall remain obligated to GWMA for its delinquent payments and any other obligations incurred prior to the date of termination.
h) GWMA shall suspend all work being performed by the Consultant if any Watershed Permittee has not paid its invoice within forty five (45) days after the GWMA first sent the invoice unless the City Managers/Administrators of the other Watershed Permittees inform the GWMA in writing that their respective Watershed Permittees will pay the delinquent Watershed Permittee’s costs once the MOU with the delinquent Watershed Permittee has been terminated. i) Any delinquent payments by a Watershed Permittee shall accrue compound interest at the then-current rate of interest in the Local Agency Investment Fund, calculated from the first date of delinquency until the payment is made. j) Funds remaining in the possession of the GWMA at the end of the term of this MOU, or at the termination of this MOU, whichever occurs earlier, shall be promptly returned to the then remaining Watershed Permittees in accordance with the Cost Share Formula in Exhibit A.
k) The PARTIES agree that if any other entity decides to cost share any element of the WMP or CIMP, GWMA will enter into a separate MOU with that entity and will reduce the Watershed Permittees’ future invoice amount(s) accordingly.”
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4. Except for the changes specifically set forth herein, all other terms and conditions of the MOU, First Amendment, and Second Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this THIRD AMENDMENT to be executed on their behalf, respectively, as follows:
DATE: _____________________ LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS AUTHORITY
_______________________________________
Adriana Figueroa
GWMA Chair
APPRVED AS TO FORM
_________________________________
Nicholas R. Ghirelli
Legal Counsel
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IN WITNESS WHEREOF, the Parties hereto have caused this THIRD AMENDMENT to be executed on their behalf, respectively, as follows:
DATE: ____________________ CITY OF BELL
Mr. Michael L. Antwine II
City Manager
6330 Pine Avenue
Bell, CA 90201
______________________________________
Michael L. Antwine II, City Manager
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________________________ ____________________________ ______________________________________ City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this THIRD AMENDMENT to be executed on their behalf, respectively, as follows:
DATE: ____________________ CITY OF BELL GARDENS
Mr. Michael B. O'Kelly
City Manager
7100 Garfield Avenue
Bell Gardens, CA 90201
______________________________________
Michael B. O'Kelly, City Manager
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________________________ ____________________________ ______________________________________ City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this THIRD AMENDMENT to be executed on their behalf, respectively, as follows:
DATE: ____________________ CITY OF COMMERCE
____________________
City Manager
2535 Commerce Way
Commerce, CA 90040
_______________________________________
City Manager
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________________________ ____________________________ ______________________________________ City Clerk City Attorney
-9-
IN WITNESS WHEREOF, the Parties hereto have caused this THIRD AMENDMENT to be executed on their behalf, respectively, as follows:
DATE: ____________________ CITY OF CUDAHY
Mr. Alfonso Noyola
City Manager
5220 Santa Ana Street
Cudahy, CA 90201
__________________________________________
Alfonso Noyola, City Manager
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________________________ ____________________________ ______________________________________ City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this THIRD AMENDMENT to be executed on their behalf, respectively, as follows:
DATE: ____________________ CITY OF HUNTINGTON PARK
Mr. Ricardo Reyes
City Manager
6550 Miles Avenue
Huntington Park, CA 90255
______________________________________
Ricardo Reyes, City Manager
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________________________ ______________________ ______________________________________ City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this THIRD AMENDMENT to be executed on their behalf, respectively, as follows:
DATE: ____________________ CITY OF MAYWOOD
Ms. Jennifer E. Vasquez
City Manager
4319 East Slauson Avenue
Maywood, CA 90270
______________________________________
Jennifer E. Vasquez, City Manager
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________________________ ____________________________ ______________________________________ City Clerk City Attorney
-12-
IN WITNESS WHEREOF, the Parties hereto have caused this THIRD AMENDMENT to be executed on their behalf, respectively, as follows:
DATE: ____________________ CITY OF VERNON
Mr. Carlos R. Fandino
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
__________________________________________
Carlos R. Fandino, City Administrator
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________________________ ____________________________ ______________________________________ City Clerk City Attorney
-13-
IN WITNESS WHEREOF, the Parties hereto have caused this THIRD AMENDMENT to be executed on their behalf, respectively, as follows:
DATE: ____________________ LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT
Mr. Mark Pestrella
Director
900 S. Fremont Avenue
Alhambra, CA 91803
__________________________________________
Mark Pestrella, Director
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________________________ ____________________________ ______________________________________ County Clerk County Counsel
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STAFF REPORT
Date: April 1, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: Ray Casey, Senior Engineer
Subject: Consideration to Authorize the City Manager to Enter into an Agreement Between the City of Cudahy and the County of Los Angeles for the Installation, Operation, and Maintenance of Interconnecting Improvements at Certain City Traffic Signal Locations
RECOMMENDATION
The City Council is recommended to consider authorizing the City Manager to enter into an agreement between the City of Cudahy and the County of Los Angeles for the installation, operation, and maintenance of interconnecting improvements at certain City traffic signal locations.
BACKGROUND
1. On October 19, 2004, the County entered into an agreement with Kimley-Horn and Associates, Inc. for the procurement of a traffic control system, known as the Kimley-Horn Integrated Transportation Systems (KITS).
2. On September 18, 2007, the County executed an amendment with System Analysis and Integration, Inc. for the expansion of a wireless communication system (WIRELESS COMMUNICATION).
ANALYSIS
The I-710 Integrated Corridor Management Project (710 ICM) is intended to establish enhanced coordination of traffic flows to lessen the effects of congestion and incidents within the I-710 corridor through partnerships with the LA Metro, the County and participating cities along that corridor.
Item Number
14B
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In order to effect the 710 ICM, certain improvements as well as operations and maintenance obligations must be established among the participants. Pursuant to this agreement, the County will convert and install coordination traffic signal timing, wireless communication systems and new controllers to enable operations with KITS at no cost to the City.
In addition, they will provide the City with remote access to a KITS workstation in order for the City to be able to monitor and control City traffic signals from a remote location.
The agreement also provides for the City to take ownership of, and maintain in good condition, the workstation and wireless communications systems installed at those certain City traffic signals. The City may elect to contract with the County for such operations and maintenance through County/City General Service Agreement No. 77290 at a current estimated cost of $2,000 per year.
CONCLUSION
If approved, this partnership with the County, together with the County’s similar partnerships with other Cities along the I-710 Corridor will result in reduced congestion and a better ability to respond to substantive traffic incidents within the Corridor.
The Agreement will be effective on the date it is approved by the County Board of Supervisors and shall continue until any party terminates it upon thirty (30) days prior written notice. An amendment to this Agreement must be made by mutual written consent. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties.
STRATEGIC PLAN CORRELATION
This Agreement supports the following strategies identified in the City’s Strategic Plan:
Goal B
Objective:
2. Pursue partnerships and develop memoranda of understanding (MOUs) to specify services to be provided and ensure accountability.
Goal E
Objective:
1. Ensure high-quality infrastructure to continue connectivity throughout the community.
2. Implement the City’s facility maintenance plan to ensure facilities and infrastructure are adequate and available to provide the desired services.
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FINANCIAL IMPACT
There will be an estimated annual cost of $2,000 to the City for the operations and maintenance of the City owned equipment/systems.
ATTACHMENTS
A. Agreement between the City of Cudahy and the County of Los Angeles
A G R E E M E N T
This AGREEMENT is made and entered into by and between the CITY OF CUDAHY, a municipal corporation in the County of Los Angeles (hereinafter referred to as CITY) and the COUNTY OF LOS ANGELES, a political subdivision of the State of California (hereinafter referred to as COUNTY):
W I T N E S S E T H
WHEREAS, on October 19, 2004, COUNTY entered into an agreement with KimleyHorn and Associates, Inc. for the procurement of a traffic control system; and WHEREAS, the traffic control system is known as the Kimley Horn Integrated Transportation System (herein after referred to as KITS); and WHEREAS, CITY has indicated their desire to connect their traffic signals to the COUNTY’s KITS; and
WHEREAS, on September 18, 2007, COUNTY executed an amendment with Systems Analysis & Integration, Inc. for the expansion of a wireless communication system (herein after referred to as “WIRELESS COMMUNICATION”); and WHEREAS, COUNTY’s agreement for WIRELESS COMMUNICATION includes a provision for placement at specified CITY TRAFFIC SIGNALS as denoted in Attachment A (herein after referred to as CITY TRAFFIC SIGNALS); and WHEREAS, use of KITS requires that a communication link be established between a remote location and the CITY TRAFFIC SIGNALS; and
WHEREAS, a KITS workstation is required in order for CITY to monitor and control the CITY TRAFFIC SIGNALS from a remote location (herein after referred to as “WORKSTATION”); and
WHEREAS, basic traffic signal timing involves the timing parameters for the general operation of a traffic signal, which typically include, but is not limited to, defining the phases, attributes and timing values for each permitted phase, pedestrian movement and assigning detection; and
WHEREAS, coordination traffic signal timing involves the timing parameters that allow multiple traffic signals to be synchronized with each other, which typically include defining coordination cycle lengths, offsets and time of day operations for each traffic signal coordination plan; and
WHEREAS, COUNTY has deployed LACO-4E and D4 traffic signal controller firmware to enable basic and coordination timing for traffic signals connected to KITS: and; Attachment APage 1038 of 1122
WHEREAS, COUNTY will install LACO-4E or D4 at CITY TRAFFIC SIGNALS listed in Attachment A; and
WHEREAS, COUNTY and CITY desire to memorialize their understanding regarding their relative rights, obligations, and duties with respect to connecting CITY TRAFFIC SIGNALS to KITS.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by COUNTY and CITY and of the promises herein contained, it is hereby agreed as follows:
(1) COUNTY AGREES:
a. To convert and install LACO4-E or D4 basic and coordination traffic signal timing at CITY TRAFFIC SIGNALS to enable operations with KITS, at no cost to CITY;
b. To install WIRELESS COMMUNICATION at CITY TRAFFIC SIGNALS at no cost to CITY;
c. To provide CITY with remote access to WORKSTATION to monitor and control CITY TRAFFIC SIGNALS, with the installation to be completed at no cost to CITY;
d. To not alter basic or coordination traffic signal timing at CITY TRAFFIC SIGNALS without prior approval from CITY. In the event that COUNTY alters basic or coordination traffic signal timing at CITY TRAFFIC SIGNALS following prior approval by the CITY, COUNTY shall provide CITY with updated traffic signal timing sheets reflecting the changes made. If CITY believes COUNTY improperly or negligently altered basic or coordination traffic signal timing at CITY TRAFFIC SIGNALS, CITY shall notify COUNTY in writing within 30 days of the completion of COUNTY's work on the CITY TRAFFIC SIGNALS. Should CITY fail to so notify COUNTY, CITY shall be deemed to have accepted and approved the timing alterations performed by COUNTY.
e. Subsequent to CITY’s approval in 1 (d)above, and upon receipt of a Service Request from CITY pursuant to the terms and conditions of the County/City General Service Agreement no. 77290, to review, observe, and if necessary, recommend revisions to and/or modify basic and/or coordination traffic signal timing at CITY TRAFFIC SIGNALS. Upon approval from CITY, to download basic and/or coordination traffic signal timing at CITY TRAFFIC SIGNALS from COUNTY’s KITS workstation to improve traffic signal operations. If revisions are required, COUNTY will provide CITY with updated traffic signal timing sheets to enable CITY to maintain a current copy.
(2) CITY AGREES:
a. To be solely responsible for maintaining the basic and coordination traffic signal timing for CITY TRAFFIC SIGNALS to promote coordinated traffic operations, multi jurisdictional cooperation, and improve arterial traffic conditions;
b. To inform the COUNTY of any changes implemented to the basic and coordination timing that may impact the coordination of CITY TRAFFIC SIGNALS;
c. If CITY believes COUNTY improperly or negligently revised CITY TRAFFIC SIGNALS pursuant to section 1(d) hereinabove, CITY shall notify COUNTY in writing within 30 days of the completion of COUNTY's work on the CITY TRAFFIC SIGNALS. Should CITY fail to so notify COUNTY, CITY shall be deemed to have accepted and approved the timing revisions performed by COUNTY;
d. To inform the COUNTY of new traffic signal installations and any traffic signal modifications which would affect coordination timing;
e. To accept full and complete ownership of, responsibility for, and to maintain in good condition and at CITY’s expense WORKSTATION and WIRELESS COMMUNICATION that is installed at CITY TRAFFIC SIGNALS; f. If requested by the COUNTY, to issue a Service Request pursuant to the terms and conditions of the County/City General Service Agreement no. 77290, pursuant to which the CITY will reimburse the COUNTY for the annual costs incurred by COUNTY to operate and maintain CITY TRAFFIC SIGNALS on the COUNTY’s KITS system. Said cost is currently estimated to be $2,000 per year;
g. If CITY desires COUNTY to observe, recommend revisions to, and/or modify the traffic signal timing at CITY TRAFFIC SIGNALS, to submit to COUNTY a Service Request pursuant to the terms and conditions of the County/City General Service Agreement no. 77290;
h. To ensure the traffic signal timing sheets located in the cabinet for CITY TRAFFIC SIGNALS at each intersection contain the most recently installed version of the traffic signal timing and accurately reflect all changes made to CITY TRAFFIC SIGNALS;
i. To allow COUNTY to monitor the operation of CITY TRAFFIC SIGNALS. j. To obtain and grant to COUNTY any necessary temporary right of way within CITY for installation of WIRELESS COMMUNICATION at no cost to COUNTY.
k. To issue COUNTY, at no cost, a permit authorizing COUNTY to install WIRELESS COMMUNICATION within CITY highway right of way. (3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. The terms and provisions of Agreement No. 77290 regarding the COUNTY and CITY’s roles and responsibilities in carrying out traffic signal synchronization projects shall remain in full force and effect. b. Nothing in this AGREEMENT shall be construed as changing the role of CITY in operating and maintaining CITY TRAFFIC SIGNALS. c. CITY shall be solely responsible for detecting and correcting malfunctions of CITY TRAFFIC SIGNALS and COUNTY shall not be required to notify CITY of or correct any traffic signal malfunctions detected by KITS. d. The term of this AGREEMENT shall commence on the date it is approved by the Board of Supervisors and shall continue until any party terminates it upon thirty (30) days prior written notice.
e. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following:
CITY: Mr. Raul Diaz
Director of Public Works
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
COUNTY: Ms. Elaine Kunitake
Assistant Deputy Director
Traffic Safety and Mobility Division
County of Los Angeles, Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
f. COUNTY and CITY acknowledge and recognize that the improvements contemplated by this AGREEMENT provide significant regional and local benefits with respect to reducing traffic congestion. COUNTY and CITY further acknowledge and recognize that the cost of defending claims and lawsuit arising from the improvements contemplated by this AGREEMENT is paid for by public monies and both parties share an interest in reducing the amount of public monies spent on defending claims and lawsuits where possible without prejudicing their respective defenses. g. In the event that a claim or lawsuit is brought against COUNTY and CITY based on the allegation that the design, construction, maintenance, or operation of the improvements constructed under this AGREEMENT
proximately caused injuries or damage, COUNTY and CITY agree to cooperate as much as possible with respect to defending the claim or lawsuit without causing prejudice to their respective defenses to the claim or lawsuit.
Upon receipt of the claim or lawsuit, the COUNTY and CITY, through their respective agents if appropriate, shall promptly investigate the matter.
COUNTY and CITY shall then meet and confer promptly regarding whether a joint defense is appropriate or if one party should tender its defense and indemnification to the other party.
h. In the event that COUNTY and CITY cannot agree regarding a joint defense or a tender of defense and indemnification, COUNTY and CITY agree to meet and confer promptly with respect to 1) entering into a tolling agreement with respect to any claims they may have against each other, and 2) submitting to mediation regarding any claims they may have against each other, which mediation will take place before a third party neutral selected by a fair process. COUNTY and CITY agree to meet and confer as set forth in the preceding sentence prior to presenting claims or filing cross-complaints for indemnity against each other. COUNTY and CITY agree to toll all applicable statutes of limitations for a reasonable period of time if necessary for COUNTY and CITY to meet and confer prior to the time to present a claim or file a cross-complaint for indemnity.
i. Neither COUNTY nor any officer or employee of COUNTY shall be responsible for any damage or liability occurring by reason of any act or omission on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to, assumed by, or determined to be the responsibility of CITY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code, Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any act or omission on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of CITY under this AGREEMENT. Where liability for injury (as defined by Government Code, Section 810.8) is sought to be imposed under Section 830, et seq., of the Government Code for a dangerous condition of property owned by or under the control of CITY, CITY shall fully defend, indemnify, and hold COUNTY harmless from any and all liability arising from such dangerous condition.
j. Neither CITY nor any officer or employee of CITY shall be responsible for any damage or liability occurring by reason of any act or omission on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code, Section 895.4, COUNTY shall fully indemnify, defend, and hold CITY harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any act or omission on the part of COUNTY under or in connection with any work, authority, or
jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT.
k. It is understood and agreed that the provisions of this AGREEMENT shall supersede and control over any inconsistent provisions in the Assumption of Liability Agreement No. 32055 between CITY and COUNTY, adopted by the Board of Supervisors on March 15, 1977, and currently in effect. //
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized, by the CITY OF CUDAHY on__________, 2023, and by the COUNTY OF LOS ANGELES on ____________, 2023.
ATTEST: COUNTY OF LOS ANGELES
By _
Director of Public Works
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By______________________
Deputy
CITY OF CUDAHY
By______________________
City Manager
ATTEST:
By
City Clerk
By______________________
City Attorney
https://lacounty.sharepoint.com/teams/DPW/TSM/Shared Documents/TRAFFIC/Agreements/2. COOP Agrmt/Cudahy/ITS/KITS/KITS - Cudahy r3.doc
NUMBER
ARTERIAL STREET
NAME CROSS STREET NAME
1 ATLANTIC AV CECELIA ST EAST & WEST
2 ATLANTIC AV CLARA ST
3 ATLANTIC AV ELIZABETH ST
4 ATLANTIC AV LIVE OAK ST
5 ATLANTIC AV SALT LAKE AV (PATATA ST)
6 ATLANTIC AV SANTA ANA ST
CITY OF CUDAHY
CITY HALL: 5220 SANTA ANA ST, 90201
CENTRAL SYSTEM LOCATION: 900 SOUTH FREMONT AV,
ALHAMBRA, 91803
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STAFF REPORT
Date: April 1, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: Ray Casey, Senior Engineer
Subject: Consideration to Authorize the City Manager to Enter into a Memorandum of Understanding Between the City of Cudahy and the Los Angeles County Metropolitan Transportation Administration Establishing the City’s Membership in the Configuration Management Committee that Oversees the Regional Integration of Intelligent Transportation Systems (“RIITS”)
RECOMMENDATION
The City Council is recommended to consider authorizing the City Manager to enter into a Memorandum of Understanding between the City of Cudahy and the Los Angeles County Metropolitan Transportation Administration establishing the City’s membership in the Configuration Management Committee that oversees the Regional Integration of Intelligent Transportation Systems (“RIITS”).
BACKGROUND
1. On April 15, 2004, the State of California, Department of Transportation for District 7 (“Caltrans”), the City of Los Angeles Department of Transportation (“LADOT”), and the Los Angeles County Metropolitan Transportation Administration (“LACMTA”) entered into an interagency memorandum of understanding (the “RIITS MOU”) to establish the Regional Integration of Intelligent Transportation Systems (“RIITS”)
2. On December 1, 2014, LACMTA, Caltrans, and LADOT entered into Amendment No. 1 to the RIITS MOU to:
• name LACMTA as the Administrator and delegate authority to LACMTA to administer, maintain, operate, manage and monitor RIITS access, codify system changes, process Member, Associate, and User agreements, and enforce the terms and conditions of the processed agreements; and
• establish a Configuration Management Committee (“CM Committee”) to oversee the RIITS;
Item Number
14C
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3. On June 2, 2023, the CMC voted and approved the City of Cudahy to join the CM Committee as a voting Member on the condition that the City of Cudahy exchanges Information through RIITS;
ANALYSIS
The Regional Integration of Intelligent Transportation Systems (“RIITS”) was created for the purpose of exchanging infrastructure and operational resources, including, but not limited to, near real time traffic, transit, video, and other data relating to all modes of transportation.
It also provides the platform and facilitates funding for the infrastructure necessary to improve communication and interconnection among member agencies’ traffic systems in order to help mitigate traffic congestion and facilitate improved response to traffic incidents. In order for the City of Cudahy to participate in RIITS, the City must execute the Memorandum of Understanding, agree to share operation and infrastructure resources for Countywide Signal Priority (CSP) and the Integrated Corridor Management (ICM).
There is no direct cost to the City associated with executing this Memorandum of Understanding.
CONCLUSION
If approved, partnering with the Los Angeles County Metropolitan Transportation Administration (“LACMTA”) and other Configuration Management Committee members will allow the City to share traffic information with other member agencies in near real time through its interconnected traffic signal equipment, receive funding for certain equipment, and participate in decision making related to the planning and programming efforts of the RIITS.
The MOU will be effective from the date of authorized signature by the Parties, unless terminated earlier by any Party as set forth in this MOU. An amendment to this MOU must be made by mutual written consent. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties.
STRATEGIC PLAN CORRELATION
This MOU supports the following strategies identified in the City’s Strategic Plan:
Goal B
Objective:
2. Pursue partnerships and develop memoranda of understanding (MOUs) to specify services to be provided and ensure accountability.
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Goal E
Objective:
1. Ensure high-quality infrastructure to continue connectivity throughout the community.
2. Implement the City’s facility maintenance plan to ensure facilities and infrastructure are adequate and available to provide the desired services.
FINANCIAL IMPACT
No financial impact.
ATTACHMENTS
A. Memorandum of Understanding
INTERAGENCY MEMORANDUM OF UNDERSTANDING
between
Los Angeles County Metropolitan Transportation Authority, in its capacity as the Administrator of the Regional Integration of Intelligent Transportation Systems (“RIITS”), located at 1 Gateway Plaza, Los Angeles, California 90012 and
City of Cudahy (“Cudahy”), located at 5220 Santa Ana Street, Cudahy, CA 90201 This Interagency Memorandum of Understanding (the “Agreement”) between the Los Angeles County Metropolitan Transportation Administration in its capacity as the RIITS Administrator (“Administrator”) and Cudahy sets forth the obligations and rights of membership in the Configuration Management Committee that oversees RIITS.
Administrator and Cudahy may be referred to individually as a “Party” and collectively as “Parties”. This is a no cost Agreement. Neither Party shall incur any cost from the other or charge for anything related to this Agreement. This Agreement will be effective on the last date of signatures below (the “Effective Date”).
RECITALS
WHEREAS, on or about April 15, 2004, the State of California, Department of Transportation for District 7 (“Caltrans”), the City of Los Angeles, Department of Transportation (“LADOT”), and the Los Angeles County Metropolitan Transportation Administration ("LACMTA") entered into an interagency memorandum of understanding (the "RIITS MOU") to establish the Regional Integration of Intelligent Transportation Systems (“RIITS”) for the purpose of exchanging infrastructure and operational resources, including, but not limited to, near real time traffic, transit, video, and other data relating to all modes of transportation;
WHEREAS, on or about December 1, 2004, LACMTA, Caltrans, and LADOT entered into Amendment No. 1 to the RIITS MOU to:
• name LACMTA as the Administrator and delegate authority to LACMTA to administer, maintain, operate, manage and monitor RIITS access, codify system changes, process Member, Associate, and User agreements, and enforce the terms and conditions of the processed agreements; and
• establish a Configuration Management Committee (“CM Committee”) to oversee RIITS;
WHEREAS, the CM Committee adopted bylaws (the “Bylaws”) to establish among other things, rules of membership, roles and responsibilities of Members and officers of the CM Committee, and the voting process by which the CM Committee may take action as the governing body of RIITS;
Attachment APage 1050 of 1122
WHEREAS, to participate in RIITS, each Member and/or Associate must first enter into an Interagency Memorandum of Understanding substantially similar to this Agreement and authorize the Administrator to exchange data through RIITS; WHEREAS, on June 2, 2023, the CMC voted and approved Cudahy to join the CM Committee as a voting Member on the condition that Cudahy exchanges Information through RIITS; WHEREAS, Cudahy desires to join the CM Committee as a voting Member and exchange Information through RIITS infrastructure and operational resources; and WHEREAS, Cudahy agrees to share operational and infrastructure resources for Countywide Signal Priority (“CSP”); and
WHEREAS, Cudahy agrees to share operational and infrastructure resources for Integrated Corridor Management (“ICM”);
NOW, THEREFORE, in consideration for the promises set forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties hereto agree as follows:
1. DEFINITIONS
1.1. "Information" means any and all data, records, materials, including specifically but not limited to near or real time traffic, transit, video, and other data relating to all modes of transportation. As defined herein below, a subset of Information is RIITS Data, and a subset of RIITS Data is Transportation Data.
1.2. “Interagency Memorandum of Understanding” means an agreement entered into between Administrator and a public agency setting forth the terms and conditions of the agency’s membership in the CM Committee.
1.3. “Member” or “Members” means any entity that has been approved by the CM Committee to be a voting member of the CM Committee and has entered into an Interagency Memorandum of Understanding.
1.4. “Associate” or “Associates” means any entity that has been approved by the CM Committee to be a non-voting member of the CM Committee and has entered into an Interagency Memorandum of Understanding.
1.5. “Users” means non-members that have access to Transportation Data Members and Associates authorize Administrator to make available.
1.6. “RIITS Data” means Information available through RIITS and any other data that RIITS Administrator makes available under this Agreement during the Term from sources of data supplied through RIITS, including, but not limited to, data provided via Members’ and Associate’s infrastructure and operational resources. Members and Associates may have login access to RIITS Data and access to operational and infrastructure resources that may not be available to Users or the general public.
1.7. “Transportation Data” means a subset of the RIITS Data that the Member which is the source of the Information authorizes to be incorporated into the public facing section of www.riits.net, shared or exchanged with Users, and that may be included in the public facing applications of Members, Associates, and Users.
2. MEMBERSHIP
2.1. Upon execution of this Agreement by both Parties, Cudahy will become a Member.
2.2. As a Member, Cudahy agrees to abide by and uphold the Bylaws and jointly with other Members, develop, review, and approve additional Bylaws, guidelines, protocols, terms and conditions, agreements, memorandum of understandings between and for Members, Associates, and Users and/or licensees. To the extent a conflict may arise between this Agreement and the Bylaws, the Bylaws shall govern.
2.3. Cudahy understands that Information accessed via RIITS is to be used for transportation related system management purposes only. RIITS Data shall only be used to provide general information about transportation and to assist Members and Associates in transportation management operations. RIITS Data shall not be used for any non-transportation related system management purposes, including but not limited to, law enforcement, except law enforcement and emergency management agencies may use the RIITS Data for the purpose of situational awareness, tactical planning, infrastructure protection, or incident response. RIITS Data shall not be recorded in any manner without the prior approval of the source of the RIITS Data.
2.4. Members may exchange Information per this Agreement. Members may choose to add or remove infrastructure and operational resources, including Information exchanged through RIITS by Member’s written notice to Administrator. As a Member, Cudahy may have access to Information and may use RIITS Data according to this Agreement. Cudahy acknowledges and agrees that Members and Associates may access and use Information provided by Cudahy as RIITS Data subject to this Agreement.
2.5. Cudahy is responsible for the procurement, maintenance, and upgrade of its equipment required for transmitting, receiving, and displaying the RIITS Data.
2.6. Cudahy may enter into third party contracts on behalf of RIITS to obtain and provide transportation and related data, service, or maintenance agreements for the benefit of Cudahy and RIITS Members and Associates, with Administrator approval.
2.7. Member agrees to participate in CSP and ICM as more particularly set forth in the Countywide Signal Priority and Integrated Corridor Management attachments, which are incorporated into and made part of this Agreement.
3. DISSEMINATION OF THE DATA
3.1. With the approval of the voting Members of the CM Committee and the execution of a written agreement, Transportation Data may be licensed to Users.
3.2. At any time, the source of Information may:
3.2.1. Revoke the authority to use its Transportation Data in public facing applications and the public facing www.riits.net website.
3.2.2. Revoke the authority to license its Transportation Data to Users.
3.2.3. Cause the Administrator to remove from RIITS the RIITS Data it has provided.
3.3. Cudahy shall prevent any unauthorized use of the RIITS Data by its personnel.
3.4. As between the Administrator and/or any and all Members and/or Associates, on the one side, and the Party providing its Information and access to operational and infrastructure resources, on the other, the Party providing Information and access to operational and infrastructure resources retains ownership and control of said Information and access to operational and infrastructure resources.
4. COMPENSATION
This is a no cost Agreement. Neither Party shall incur any cost from the other or charge for anything related to this Agreement. However, Members may enter into a separate written agreement for the provision of hardware, software, license, training, warranty, service, product, and other work provided by Members and Associates.
5. AMENDMENTS
No amendment, modification, alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties hereto.
6. PUBLIC RECORDS ACT
6.1 Each Party understands and agrees that any and all Information is subject to the provisions of the California Public Records Act, California Government Code section 7920.000, et seq. ("CPRA”) and/or the Federal Freedom of Information Act, Title 5 USC 552 ("FOIA")
6.2 Administrator will not advise as to the nature or content of Information entitled to protection from disclosure under the CPRA or FOIA but will use best efforts to provide the source Party timely notification of any third-party request for disclosure.
6.3 The source Party shall timely (1) notify Administrator in writing whether and to the extent it objects to disclosure of Information and (2) seek the appropriate judicial relief under the CPRA or FOIA.
6.4 If the source Party does not timely notify Administrator of any objection to disclosure and obtain judicial instruction or relief, then Administrator may comply with the request to the extent required by the CPRA or FOIA.
6.5 In the event of any judicial proceeding or action concerning or seeking the disclosure of any Information, the source Party understands and agrees that Administrator's sole involvement will be as a custodial stakeholder to retain the Information until otherwise ordered by a court of competent jurisdiction. The source Party, at its sole expense and risk, shall be responsible for any and all fees for prosecuting or defending any proceeding or action concerning Information, and shall indemnify, defend, and hold Administrator harmless from all liability, including attorney’s fees, costs, and expenses, in connection with any such proceeding or action.
7. CONFIDENTIALITY
7.1. Parties agree that for and during the entire term of the Agreement, all information, except Transportation Data, including, but not limited to data, figures, records, findings and the like received or generated by the Agreement and in the performance of the Agreement, shall be considered and kept private and confidential and shall not be divulged to any person, firm, corporation, or other entity, unless required by the California Public Records Act or any other applicable law.
7.2. Upon termination of the Agreement for any cause, Parties agree that they will continue to treat as private and confidential any information other than Transportation Data, including but not limited to, data, figures, records and the like, and will not release any such information to any person, firm, corporation or other entity, unless required by the California Public Records Act or any other applicable law.
8. REPRESENTATIONS AND WARRANTIES
8.1. Neither Administrator nor any of the Members and Associates, nor any of their respective employees, officers, agents, or consultants makes any warranty, express or implied, with respect to infrastructure and operational resources, sources of data and Information, nor with respect to the accuracy, sufficiency or completeness thereof, nor with respect to any of the software or other systems provided by Administrator or any Member or Associate under this Agreement. RIITS is provided on an “as is” and “with all faults” basis, with Cudahy using RIITS at its own risk.
8.2. Neither Administrator, Members, nor Associates make any representations or warranties, express or implied, that the RIITS Data will perform on Cudahy’s equipment. Further, Administrator makes no representations or warranties, express or implied, that RIITS Data will be suitable for the purposes for which it is permitted to be used under the terms of this Agreement. THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY WAIVED BY THE PARTIES.