Agenda packet — Bell City Council, May 11, 2022

Agenda
Regular Meeting of the
B
ell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/ Bell Public Finance Authority Wednesday, May 11, 2022
6 :00 P.M. CLOSED SESSION
7:00 P.M. OPEN SESSION
BEL

L COMMUNITY CENTER
6250 PINE AVENUE, BELL CA 90201
Alicia Romero
Mayor
A
na Maria Quintana Monica Arroyo
Vice-Mayor Council Member
F
idencio J. Gallardo
Ali Saleh
Council Member Council Member

Welcome to the City Council Meeting
The Bell City Council and staff welcome you. This is your City Government.

Individual participation is a basic part of American Democracy and all Bell residents are encouraged to attend meetings of the City Council. Regular City Council meetings are held the second and fourth Wednesday of the m onth at 7:00 p.m., Bell Co mmunity Center , 6 250 Pine Avenue. For more information, you may call City Hall during regular business hours 8:00 a.m. to 4:00 p.m., Monday through Friday at (323) 588-6211 Extension 2615.

City Council Organization
T
here are five City Council members, one of whom serves as Mayor and is the presiding officer of the City Council. These are your elected representatives who act as a Board of Directors for the City of Bell. City Council members are like you, concerned residents of the community who provide guidance in the operation of your City.

Addressing the City Council
I
f you wish to speak to the City Council on any item which is listed or not listed on the City Council Agenda, please complete a Request to Speak Card available in the back of the City Council Chambers. Please submit the completed card to the City Clerk p rior to the meeting. The Mayor will call you to the microphone at the appropriate time if you have filled out a Request to Speak Card. At that time, approach the podium and please clearly state your name and address, and proceed to make your comments.

Compliance with Americans with Disabilities Act
T
he City of Bell, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodation(s) to access, attend, and or participate in a City meeting due to disability. Please contact the City Clerk’s Office, (323) 588 -6211, Ext. 2615 , at least one business day prior to the scheduled meeting to ensure that we may assist you.

Statement Regarding Compensation for Members of the Bell City Council Compensation for the members of the Bell City Council is $673 a month. In accordance with Government Code Section 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the following regular meetings: Successor Agency to the Bell Community Redevelopment Agency, the Bell Community Housing Authority, the Bell Public Finance Authority, the Bell Surplus Property Authority, and the Bell Solid Waste Authority.

Meeting of the
Bell City Council and Related Agencies
May 11, 2022

REGULAR JOINT MEETING OF THE
B
ell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority M
ay 11, 2022
6:
00 P.M. Closed Session
7:00 P.M. Regular Meeting
Locat
ion: Bell Community Center, 6250 Pine Avenue, Bell CA 90201

C
all to Order
R
oll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Gallardo, Saleh, Quintana and Romero C
ommunications from the Public on Closed Session Items
Thi
s is the time for members of the public to address the City Council and related Authorities and Agencies only on items that are listed under Closed Session.

C
losed Session
The C
ity Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:
a) P
otential Initiation of litigation pursuant Government Code Section 54956.9(d)(4): One Ca
se
R
econvene Regular City Council Meeting
R
oll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Gallardo, Saleh, Quintana and Romero P
ledge of Allegiance
C
ity Attorney Report
The C
ity Attorney will report out on any action(s) to be taken by the City Council/Agencies on Closed Session matters.

MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in -person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor call s you to approach the podium. Please clearly state your name and address and proceed to make your comments .

Y
ou may also sub mit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, May 11, 2022. Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).

The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101 Meeting of the
Bell City Council and Related Agencies
May 11, 2022
P
resentations and Recognitions
P
roclamation declaring May 2022 as Wellness and Mental Health Month C
ertificate of Recognition to Anna Barraza, Assistant Principal at Nueva Vista Elementary, for her 33 years of dedication and commitment to LAUSD and the Bell Community.

P
roclamation recognizing May 2-6, 2022, as Teachers Appreciation Week R
ecognition to all Bell 5K Sponsors
P
roclamation recognizing May 15-21, 2022, as National Public Works Week Ce
rtificate of Appreciation to Chief of Police Carlos Islas for his leadership and service as Interim City Manager.

C
ommunications from the Public
T
his is the time members of the public may address the City Council and related Authorities and Agencies on items that are on the agenda and on non- agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agenc ies. (Each speaker is limited to three minutes)
M
ayor and City Council Communications
P
ursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.

C
ity Manager Report
I
n this portion of the agenda, the City Manager will provide a brief report on items of interest to the City Council and/or the community.

B
usiness Session

1. C
ontinued item from the April 13, 2022, City Council meeting - Consideration to approve Amendment No. 1 with a 7.5% CPI increase (or $305.78 per month) to Maripos a Lands
capes, Inc., for Landscape Maintenance Contracting Services for the Mobile Home Parks and Housing Units for an amount not to exceed $52,593.30 per year. (Bell Community Housing Authority)
R
ecommendation: It is recommended that the Chair and Members of the Board approve Amendment No. 1 with Mariposa Landscapes, Inc., for Landscape Maintenance Contracting S
ervices for the Mobile Home Parks and Housing Units for an amount not to exceed $52,593.30 per year.

2. C
ontinued item from the April 27, 2022, City Council meeting - Consideration to Approve a New Agreement with Transtech Engineers, Inc., for Building and Safety Services for three (3)
years, with two (2) one-year extensions, with no changes to the rates. (City Council) R
ecommendation: It is recommended that the City Council discuss and choose one of the following options regarding an agreement with Transtech Engineers, Inc., for Building and Meeting of the
Bell City Council and Related Agencies
May 11, 2022
Safety Services:

1. A
pprove a New Agreement with Transtech Engineers, Inc., for Building and Safety Services for three (3) years, with two (2) one-year extensions, with no changes to the rates.

2. Approve a New Agreement with Transtech Engineers, Inc., for Building and Safety Services for one year, with no changes to the rates, and direct staff to initiate an RFP process for Building and Safety Services.

3. Initiate an RFP process for Building and Safety Services.

3. A
mendment No. 1 wit h Graffiti Protective Coatings, Inc. (GPC) for Citywide Graffiti Abatement Services. (City Council)
R
ecommendation: It is recommended that the City Council approve Amendment No. 1 with Graffiti Protective Coatings, Inc. (GPC) for Citywide Graffiti Abatement Services.

4. A
mendment No. 1 with Mariposa Landscapes, Inc. for City Landscape Maintenance Services. (City Council)
R
ecommendation: It is recommended that the City Council approve Amendment No. 1 with Mariposa Landscapes, Inc. for City Landscape Services.

5. C
onsideration of providing a one- time lump sum retention incentive payment to specified Department Head (Administrative Management) and Mid- Management classifications. (City Council)
R
ecommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2022-26 titled:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL TO PROVIDE A ONE -TIME LUMP SUM RETENTION

INCENTIVE PAYMENT FOR DEPARTMENT HEADS
(ADMINISTRATIVE MANAGEMENT) AND MID -MANAGEMENT

POSITIONS AS SPECIFIED
C
onsent Calendar
The f
ollowing Consent Calendar items are expected to be routine and non- controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.

R
ecommendation: Approve agenda items 6 through 11.
6 . It is recommended that the City Council:

1. A
pprove the Settlement Terms with Applicant Thomas Rodriguez, which authorizes the City to make payment for claim nos. 16-127768 (WCAB#ADJ10729833) by stipulations and award at 5% PD ($4,350.00) for DOI: 05/09/16, and claim no.16- 126099 (WCAB# WCAB#ADJ10729835) by stipulations and award at 69% PD ($122,742.50) for DOI:
08/23/15-08/23/16, and payment of retroactive payment of LC 4850 / TTD benefits for $129,000.00; and
Meeting of the
Bell City Council and Related Agencies
May 11, 2022

2. Authorize the City Manager and/or defense counsel to execute the Settlement A
greement.
7 . It is recommended that the City Council:

1. A
pprove the Settlement Terms with Applicant Steve Carrera, for claim no. 17- 132154 (WCAB#ADJ1102763) by stipulations and award at 24% PD ($27,695.00) and claim no. 16- 128578 (WCAB#ADJ10989868) by stipulations and award at 72% PD ($134,922.50, plus life pension); and

2. A
uthorize the City Manager and/or defense counsel to execute the Settlement Agreement.

8. I
t is recommended that the City Council read by title only, waive further reading and adopt Resolution No. 2022-30 titled:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL AUTHORIZING THE CITY MANAGER TO CONTINUE

UTILIZING TELECONFERENCING FOR PUBLIC MEETINGS
PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165)

9. I
t is recommended that the City of Bell City Council receive and file the 2021 Housing Element Annual Progress Report.

10. G
eneral Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants dated May 11, 2022. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority). 1 1. Minutes for the Regular City Council Meeting of April 27, 2022. (City Council/Successor Agency to the Bell Community Redevelopment Agency)
P
ending Items – None
N
ext Regular Meeting, Wednesday, May 25, 2022 (Via Zoom) I
, Angela Bustamante, City Clerk of the City of Bell, certify that a true, accurate copy of the foregoing agenda was posted on May 6 , 2022 at least seventy-two (72) hours prior to the meeting as required by law.
________________________________

Angela Bustamante, City Clerk

REGULAR MEETING OF THE

BELL CITY COUNCIL AND RELATED AGENCIES

May 11, 2022

6:00 P.M. Closed Session
7:00 P.M. Regular Session

INDEX

Agenda Category Item Number Page Numbers

CLOSED SESSION a

AGENDA & INDEX 1-7

PUBLIC HEARING(s) None

BUSINESS SESSION 1 8-67
2 68-108
3 109-169
4 170-228
5 229-239

CONSENT CALENDAR 6 240-259
7 260-279
8 280-284
9 285-326
10 327-379
11 380-386

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01135.0001/786923.1 1 of 5
AMEND
MENT NO. 1

TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES

BETWEEN THE BELL COMMUNITY HOUSING AUTHORITY
AND MARIPOSA LANDSCAPES, INC.

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 1”) by and between the BELL COMMUNITY HOUSING AUTHORITY (“BCHA”), a municipal corporation, and MARIPOSA LANDSCAPES, INC., a California corporation (“Consultant”), is effective as of the ______ day of _______________ 2022.

RECITALS
A. BCHA and Consultant entered into that certain Contract Services Agreement dated June 12, 2019
(“Agreement”) whereby Consultant agreed to provide landscaping services maintenance services on city-owned private property (the “Services”).

B. The Term of the Agreement was from June 12, 2019 to June 30, 2022 with three (3) one-year extensions with the BCHA and Consultant’s mutual concurrence (per Exhibit D).

C. The total maximum compensation due under the Agreement was $146,772.00 with an annual not to exceed amount of $48,924.00.

D. By this Amendment No. 1, the BCHA and Consultant now desire to extend the term of the Agreement by one additional year, from July 1, 2022 to June 30, 2023, exercising one (1) of its two (2) one-year extensions. Amendment No. 1 will also increase the Contract Sum by $52,593.30 from $146,772.00 to $199,365.30, to account for the one-year term extension.

E. Except as amended hereby, this extension is subject to the same terms and conditions as provided in the Agreement.

TERMS

1. Contract Amendments. The Agreement is amended as provided herein. Added text is indicated in bold italics, deleted text is indicated in strikethrough. a. Section 2.1, “Contract Sum,” is hereby amended and shall now read as follows:
“2.1 Contract Sum.

Subject to a
ny limitations set forth in this Agreement, BCHA agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $199,365.30 (One Hundred Ninety Nine Thousand Three Hundred Sixty Five Dollars and Thirty Cents) $146,772 (One Hundred Forty Six Thousand Seven

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01135.0001/786923.1 2 of 5
Hund
red Seventy Two Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.”
b. Section 3.4, “Term” is hereby amended and shall now read as follows:
“3.4. Term.

Unless ea
rlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years four (4) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). BCHA may, in its sole discretion, extend the Term for to two (2) one (1) additional one-year terms.”
c. Section I. of Exhibit “C,” is hereby amended and shall now read as follows:

LOCATION* MONTHLY

SUBBUDGET ANNUAL SUBBUDGET
Bell Mobile Home Park
$1,199.00
$1,288.93
$14,388.00
$15,467.10
Florence Village Mobile
Home Park
$1,590.00
$1,709.25
$19,080.00
$20,511.00
Bell Avenue - 4205, 407,
4211-6712, 6714, 6716, 6718
Otis Avenue: 4205, 4211-6712,
6714, 6716, 6718
$90.00
$96.75
$1,080.00
$1,161.00
Chanslor - 6420
$33.00
$35.48
$396.00
$425.70
Filmore - 5107
$33.00
$35.48
$396.00
$425.70
Flora - 6229 and 6229A
$33.00
$35.48
$396.00
$425.70
Flora - 6502 Units A-D
$82.00
$88.15
$984.00
$1,057.80
Flora - 6624 Units A-K
$41.00
$44.08
$492.00
$528.90
Florence - 4738 & 4738
$567.00
$609.53
$6,804.00
$7,314.30
King - 6304 and Units A-F
$33.00
$35.48
$396.00
$425.70
Lucille - 6500 Units A & B
$33.00
$35.48
$396.00
$425.70
Pine - 6303
$33.00
$35.48
$396.00
$425.70

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01135.0001/786923.1 3 of 5
Pine - 6327 (6317-6321 & 6323
-6325)
$122.00
$131.15
$1,464.00
$1,573.80
Pine-6331
$33.00
$35.48
$396.00
$425.70
Pine - 6629-6633 & Units A-E
$122.00
$131.15
$1,464.00
$1,573.80
Prospect - 6419 Units A-E
$33.00
$35.48
$396.00
$425.70
TOTAL
$4,077.00
$4,382.78
$48,924.00
$52,593.30

TOTAL FOR TERM
$146,772.00
$199,365.30
* The City may, in its sole discretion, remove any of the listed properties form the sc
ope of this Agreement.
d. Section V. of Exhibit “C,” is hereby amended and shall now read as follows:
“V. Unless Additional Services are approved per Section 1.9, the total compensation for the Services shall not exceed the Contract Sum of $199,365.30 (One Hundred Ninety Nine Thousand Three Hundred Sixty Five Dollars and Thirty Cents) $146,772 (One Hundred Forty Six Thousand Seven Hundred Seventy Two Dollars), as provided in Section 2.1 of this Agreement, and the annual compensation shall not exceed $52,593.30 (Fifty Two Thousand Five Hundred Ninety Three Dollars and Thirty Cents) $48,924 (Forty Eight Thousand Nine Hundred Twenty Four Dollars).
e. Sec
tion III. of Exhibit “D,” is hereby amended and shall now read as follows:
“III. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect for four (4) three (3) years from the date thereof. The City Council may, in its sole and absolute discretion, extend the term for one (1) two (2) additional one-year extensions, under the same terms.”

2. Continuing Effect of Agreement. Except as amended by Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendments No. 1.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. BCHA and Consultant each ratify and reaffirm each and every one of the respective rights and obligations

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01135.0001/786923.1 4 of 5
arising under the
Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to BCHA that, as of the date of this Amendment No. 1, BCHA is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

BCHA represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]

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01135.0001/786923.1 5o f5
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first-above written.

BCHA:

BELL COMMUNITY HOUSING AUTHORITY, a
municipal corporation
_________________________________
ATTEST:
__________________________________
Angela Bustamante
City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
__________________________________
David J. Aleshire
City Attorney CONSULTANT :

MARIPOSA LANDSCAPES, INC., a
California Corporation
By: ___________________________
Name: Terry Noriega
Title: President
By: ___________________________
Name: Antonio Valenzuela
Title: Secretary
Address:
6232 Santos Diaz Street
Irwindale, CA 91702
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED

BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.

Page 14 ends

CALIFORN

IA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity u pon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

Page 15 ends

CALIFORNIA ALL
-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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01135.0006/779071.10

CONTRACT SERVICES AGREEMENT

By and Between

CITY OF BELL

and

TRANSTECH ENGINEERS, INC.

Page 71 ends

01135.0006/779071.10 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF BELL AND
TRANSTECH ENGINEERS, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of April, 2022 by and between the CITY OF BELL , a California charter city (“City”) and TRANSTECH ENGINEERS, INC , a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Bell Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For

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01135.0006/779071.10 2
purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be

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01135.0006/779071.10 3
responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS

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($750,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed n ecessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub- contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

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2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for two (2) additional one (1) year terms.

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ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Ali Cayir President
(Name) (Title)

Ayla Jefferson Building Official
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Community Development Director Manuel Acosta, or his designee. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any

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decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that

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has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination

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of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

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(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless fr om, any and all actions, either judicial,

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administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as

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shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally a ccepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

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6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed

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after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

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7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other

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reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of r ace, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their r ace, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection

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therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Bell, 6330 Pine Avenue, Bell, California 90201 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid

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judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF BELL, a charter city
Alicia Romero, Mayor
ATTEST:

Angela Bustamante, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CONSULTANT:

TRANSTECH ENGINEERS, INC.

By:

Name: Allen Cayir
Title: CEO
By:

Name: Sybil Cayir
Title: Secretary
Address:13367 Benson Avenue
Chino, CA 91710
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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01135.0006/779071.10

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will provide contract building official, building inspector, and plan check related services for, and on behalf of, the City (collectively “Services”). The Services shall include, but not be limited to, the following:

A. Building Official Services. Consultant shall provide a highly qualified individual to serve as the City’s contract Building Official, who shall be at City Hall an average of not less than 8 hours weekly and available on an as-needed basis for additional hours as approved by the Contract Officer, and who shall:

1. Oversee the City’s Building & Safety Division in accordance with the direction provided by the Contract Officer; and

2. Provide and prepare updates to the City’s Building Code for adoption by the City Council; and

3. Make best efforts to resolve resident inquiries and complaints related to the City’s Building & Safety Division; and

4. Process complex Building Code issues and dispute resolution; and

5. Provide quality control review of plan checks and building inspections; and

6. Regularly update, as necessary, the City’s Building and Safety procedure manual; and

7. Participate in pre-development review of projects and provide comments to appropriate City staff; and

8. Prepare, or provide information to the appropriate City staff for agenda reports for the Planning Commission and City Council as requested; and

9. Attend Planning Commission and City Council meetings (as requested); and

10. Be responsible for supervising the building inspectors including the Bilingual Building Inspector (see paragraph B below); and

11. Oversee plan checking, building inspections, code compliance, and act as an official City representative on building related matters; and

12. Shall be available on an as-needed basis for questions and quality control of work during the time he/she is not at City Hall; and

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13. Prepare monthly reporting of Building and Safety activities and annual reporting.

B. Building Inspector Services. Consultant shall provide a highly qualified individual, bi-lingual in Spanish and English, to serve as the City’s contract Building Inspector, who shall be at City Hall an average of not less than 10 hours weekly and available on an as-needed basis for additional hours as approved by the Contract Officer, and who shall:

1. Administer, enforce, and conduct inspections to ensure compliance with California and City building codes and other related state codes including, but not limited to, grading, building, electrical, mechanical, plumbing, etc.; and

2. Handle resident inquiries and resolve complaints; and

3. Construction and demolition permitting process; and

4. Prepare pre-sale reports; and

5. Maintain records and files concerning construction permits and building code administration, documents for storage and/or imaging; and

6. Accompany staff out to the field for inspections or doing work write-up services for the City’s rehabilitation program.

C. Plan Check Services. Consultant shall provide highly qualified individual(s) to perform plan check related services including, but not limited to, the following:

1. Conduct plan checking for compliance with all relevant California and City building codes and other related state codes including, but not limited to, grading, erosion control, building, electrical, mechanical, plumbing, and other codes duly adopted by the Bell Municipal Code (“Codes”) ; and

2. Conduct plan check monitoring, permit issuance for grading, building, electrical, mechanical, and plumbing work and any other work conducted pur;

3. Conduct inspection services for all relevant Codes including California and City building codes and other related state codes including, but not limited to, grading, building, electrical, mechanical, plumbing; and

4. Regularly update, as necessary, the City’s Building and Safety procedure manual; and

5. Oversee and administer the City’s construction and demolition permitting process.

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D. Miscellaneous Services of Building and Inspection Division. Consultant shall provide other services only as requested by the Contract Officer, including emergency services.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Month Productivity Status Reports
B. Other documentation requested by the City as it relates to the Services identified above:

III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A. Monthly reporting of Building and Safety activities.

B. Daily and Weekly logs of plan checks and inspections.

C. Weekly tracking records of plan check status and inspections.

D. Annual Building and Safety activities reports.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Ayla Jefferson, Chief Building Official
B. William R. Dorman, Building Official, Plan Check
C. Jeremy Reed, Building Inspector
D. Reggie Ramirez, Building Inspector
E. Jeffrey Kao, Plan Check

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F. Calvin Chang, Plan Check
G. Robert Hernandez, Plan Check
H. Joseph De Peralta, Plan Check
I. Carlos Pineda, Plan Check

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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

Section 1.1, “Scope of Services,” is hereby amended and shall now read as follows:

“In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein in a manner consistent with the professional skill and care ordinarily provided by members of Consultant’s profession practicing in the same or similar locality under the same or similar circumstances. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.”

Section 1.3, “Compliance with Law,” is hereby amended and shall now read as follows:

“Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all applicable ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.”

Section 1.5, “Compliance with Law,” is hereby amended and shall now read as follows:

“By executing this Agreement, Consultant warrants represents that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants represents that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.”

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Section 1.10, “CDBG Requirements,” is hereby added and shall read as follows:

“Consultant acknowledges and agrees to comply with the following requirements of the Community Development Block Grant program:

(a) Source of Funds.

The City has applied for and received funds from the United States Government under Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383 through the Community Development Block Grant (CDBG) Program. CDBG funds will be utilized to fund CDBG eligible activities only. Non-CDBG eligible activities will be funded with other funds.
(b) Record-Keeping and Reporting.

Pursuant to 24 C.F.R. Section 85.36(i)(10), the Consultant shall maintain all books, documents, papers, and records that are directly pertinent to the Agreement for the purpose of making audits, examinations, excerpts and transcripts. All documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible.

Pursuant to 24 C.F.R. Section 85.36(i)(11) and the Los Angeles County Development Commission’s requirements, Consultant shall retain all required records for a period of five (5) years after the City makes final payments and all other pending matters are closed.

At any time during normal business hours and as often as the City, County of Los Angeles (“County”), the State, HUD and/or Comptroller General of the United States (“Comptroller”) may deem necessary, the Consultant shall make available to the aforementioned entities or their representatives or agents for examination all of Consultant’s records with respect to all matters covered by this Agreement. Consultant will permit the City, the County, the State, HUD, the Comptroller and/or any of their representatives or agents to audit, examine and make excerpts or transcripts from such records, including contracts, invoices, materials, payrolls, records of personnel, conditions of employment and any other data relating to the matters covered by this Agreement. Consultant shall provide to the City, the County, the State, HUD, and/or the Comptroller all requested documentation resulting throughout the course of or under this Agreement.
(c) CDBG Regulations.

Consultant agrees to comply with the requirements of Part 570 of Title 24 of the Code of Federal Regulations, which states the U.S. Department of Housing and Urban Development’s regulations concerning CDBG, and all federal regulations and policies issued pursuant to these regulations.

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(d) Fair Employment Practices/Equal Opportunity Acts.

In the performance of this Agreement, Consultant shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Section 12940 et seq .), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq .), and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.).
(e) Labor Standards and Civil Rights.

Consultant agrees to comply with the requirements of the Secretary of Labor and the latest amendments to: Executive Orders 11246 and 11375, as supplemented in Department of Labor regulations (41 C.F.R. chapter 60); the Copeland “Anti-Kickback” Act (18 U.S.C. 847) as supplemented in Department of Labor regulations (29 C.F.R. part 3); Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 et seq.); Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000); Section 109 of Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq .); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). Consultant agrees to comply with the requirements of all other applicable federal, State and local laws and regulations. (f) Environmental Conditions.

Pursuant to 24 C.F.R. Section 85.36(i)(13), Consultant agrees to comply with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163, 89 Stat. 871).
(g) Lobbying Certifications.

The County Lobbyist Code Chapter 2.160 County Ordinance No. 93-0031 Certification is attached hereto As Exhibit “E.” Consultant shall complete and file this Certification as required.

The Federal Lobbyist Requirements Certification is attached hereto as Exhibit “E”.

Consultant shall complete and file this Certification with the City. (h) Conflicts of Interest.

Consultant agrees, on behalf of itself and its family, and its members, officers, employees and agents and their families, not to accept any employment or representation or otherwise obtain a financial interest or benefit during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement. Consultant shall comply with all applicable federal, State, and County laws

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and regulations governing conflict of interest including but not limited to 24 CFR Part 570.611 and 24 CFR Part 85, Section 85.36(b).

Consultant shall take appropriate steps to assure compliance with paragraph (a) of this section, and will incorporate the following provision into every sub-contract:

"Interest of Subcontractor and Employees. The Subcontractor covenants that no person who presently exercises any functions or responsibilities in connection with the Community Development Block Grant Program has any personal financial interest, direct or indirect, in this Contract. Any interest on the part of the Subcontractor or his employees must be disclosed to the Recipient and the City, provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation by residents of the area."
(i) Consultant’s Warranty of Compliance with County’s Defaulted Property Tax Reduction Program.

The Consultant acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Consultant qualifies for an exemption or exclusion, the Consultant warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Agreement will maintain compliance, with the County's Defaulted Tax Program, found at County Ordinance No. 2009-0026 and codified at County Code Chapter 2.206 (“County Ordinance”). Consultant shall keep County property taxes out of default status at all times during the term of this Agreement, as required by the County Ordinance.

Failure of the Consultant to maintain compliance with the requirements set forth in the County Ordinance shall constitute default under this Agreement. Without limiting the rights and remedies available to the City under any other provision of this Agreement, failure of the Consultant to cure such default within ten (10) days of notice shall be grounds upon which the City may suspend or terminate this Agreement pursuant to the County's Defaulted Property Tax Reduction Program found at County Ordinance No. 2009-0026 and codified at County Code Chapter 2.206. Additionally, failure of the Consultant to comply with the provisions of the County Ordinance may prevent the Consultant from being awarded a new contract by the City.

Section 2.4, “Invoices,” is hereby amended and shall now read as follows:

“Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

By submitting an invoice for payment under this Agreement, Consultant is certifying

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compliance with all provisions of the Agreement. (As used in this Agreement, the term “certify” shall mean an expression of the Consultant’s professional opinion to the best of its information, knowledge and belief, and does not constitute a warranty or guarantee by the Consultant.) The invoice shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts.

Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.”

Subsection (a) of Section 5.1, “Insurance Coverages,” is hereby amended and shall now read as follows:

“(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive commercial general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.”

Subsection (c) of Section 5.1, “Insurance Coverages,” is hereby amended and shall now read as follows:

“(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.

Consultant does not have any owned or leased autos.”

Subsection (d) of Section 5.1, “Insurance Coverages,” is hereby amended and shall now read as follows:

“(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability subject to applicable policy terms and conditions. The professional liability insurance required by this Agreement must be endorsed to be applicable apply to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.”

The following sentence shall be added to the end of Section 5.2, “General Insurance Requirements,” and shall state as follows:
“Notwithstanding the foregoing, the additional insured requirements of this Section 5.2 shall not apply to Professional Liability Insurance.”

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Section 5.3, “Indemnification,” is hereby amended and shall now read as follows:
“To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents representatives (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whe ther actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity to the extent arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or negligent failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all reimburse the City its’ reasonably incurred costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith to the extent a claim or liability is determined to have been caused by the negligence, recklessness, or willful misconduct of Consultant, or as the parties otherwise agree in settlement; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents representatives or employees for any such claims or liabilities to the extent arising out of or in connection with the negligent performance of or negligent failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. Consultant shall not have an upfront duty to defend the Indemnified Parties but shall have a duty to reimburse reasonable defense fees and costs to the extent claims or liabilities are determined to have been caused by the negligence, recklessness or willful misconduct of Consultant, or as the parties otherwise agree in settlement Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities to the extent arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and

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01135.0006/779071.10 B-7
liabilities to the extent arising out of the negligence, recklessness or willful misconduct of the design professional Consultant. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.” Section 6.3, “Ownership of Documents,” is hereby amended and shall now read as follows:

“All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties responsibility shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

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01135.0006/779071.10 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION

I. Using the categories of Services identified in Section I of Exhibit A, City shall compensate Consultant as follows irrespective of the number of hours and cost it actually takes Consultant to complete those Services:

TASKS Services Method of Compensation
A and
B
Building Official and Building Inspector
Services

Consultant will receive 57% of
each Building Permit Fee received
by the City that the Consultant
works on as the combined
compensation for both services.

C. Plan Check Services Consultant will receive 57 % of
each Building Plan Check Fee
received by the City that the
Consultant works on.

D. Miscellaneous Services Consultant will be compensated on an hourly basis based on the
schedule of hourly rates shown in
Exhibit C-1.

II. Within the budgeted amounts identified in Section II above, and with the approval of the Contract Officer, funds may be shifted from one subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

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01135.0006/779071.10 C-2

IV. The total compensation for the Services shall not exceed Seven Hundred Fifty Thousand Dollars and No Cents ($750,000.00) as provided in Section 2.1 of this Agreement, with an annual not-to-exceed amount of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) per year.

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01135.0006/779071.10 C-3

EXHIBIT “C-1”

HOURLY RATES

A consumer price index (CPI) increase will apply to all rates above except for those rates related to the building official, plan checker and inspector classifications.

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01135.0006/779071.10 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2020. The City Council, in its sole and absolute discretion, shall have the option to extend the term of the Agreement with up to two (2) one-year extensions upon the same terms and conditions.

II. Consultant shall perform the Services described in Section I.A of Exhibit A timely in accordance with the following schedule:

Task Building Official Services Timeframe for Completion A All Duties set forth in Section A of Section I of
Exhibit “A”
As directed by the Contract
Officer or their designee

B Building Inspector Services Timeframe for Completion
All Duties set forth in Section B of Section I of
Exhibit “A”
As directed by the Contract
Officer or their designee
C Plan Check Services Timeframe for Completion
Major plan check such as multi-family residential,
commercial, and other non-residential project 10 business days Subsequent & resubmitted plan checks; new single-
family house; and, simple tenant improvements for
non-residential buildings
5 business days

Minor plan checks such as room additions of single-
family house, detached structures, re-roofing, etc.,
3 business days if submitted into plan check or over
the counter during City Hall hours of 8:00am to
4:00pm. City Hall hours may be changed by the
City in its sole discretion at any time.

Building inspection The following working day if request is received before 2 PM.

Grading plan check for new construction 10 business days Subsequent or resubmitted grading plan checks 5 business days Grading inspection The following working day if request is received
Service - Counter
Return of phone calls Within 24 hours
Monthly accounting and reporting Completed at the end of each month

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01135.0006/779071.10 D-2
III. The Contract Offi cer may approve extensions for performance of the services in accordance with Section 3.2.

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01135.0001/784044.2 1 of 4

AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTUAL SERVICES
BETWEEN CITY OF BELL AND GRAFFITI PROTECTIVE COATINGS, INC.

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 1”) by and between the CITY OF BELL (“City”), a California charter city, and GRAFFITI PROTECTIVE COATINGS, INC., a California corporation (“Consultant”), is effective as of the ______ day of _______________ 2022.

RECITALS

A. City and Consultant entered into that certain Contract Services Agreement dated June 26, 2019 (“Agreement”) whereby Consultant agreed to provide graffiti removal services on public property, as well as private property visible from the public right-of-way, within the City (the “Services”).

B. The Term of the Agreement was from June 26, 2019 to June 26, 2022 with two (2) one-year extensions in the City’s sole and absolute discretion (per Exhibit D).

C. The total maximum compensation due under the Agreement was $576,000.00, with an annual not to exceed amount of $192,000.00.

D. By this Amendment No. 1, the City and Consultant now desire to extend the term of the Agreement by one additional year, from July 1, 2022 to June 30, 2023, exercising one (1) of its two (2) one-year extensions. Amendment No. 1 will increase the monthly installment fee by $500.00 from $16,000.00 to $16,500.00. The increase in monthly fees, results in annual amount cost of 198,000. As such, Amendment No. 1 will increase the Contract Sum by $198,000.00 from $576,000.00 to $774,000.00, to account for the one-year term extension.

E. Except as amended hereby, this extension is subject to the same terms and conditions as provided in the Agreement.

TERMS

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01135.0001/784044.2 2 of 4

Hundred Seventy Six Thousand Dollars) $774,000 (S even Hundred Seventy Four Thousand Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.”

b. Section 3.4, “Term” is hereby amended and shall now read as follows:

“3.4. Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years four (4) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for two (2) additional one-year terms one (1) additional one-year term.”

c. Section I. A. of Exhibit “C,” is hereby amended and shall now read as follows:

“A. Consultant shall perform the Services for an annual fee of $192,000 (One Hundred Ninety Two Thousand Dollars) $198,000 (One Hundred Ninety Eight Thousand Dollars) to be paid in flat monthly installments of $16,000 (Sixteen Thousand Dollars) $16,500 (Sixteen Thousand Five Hundred Dollars), which include all costs related to the performance of the Services including but not limited to materials, equipment, and mileage. The first invoice will be submitted monthly thereafter.”

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no

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01135.0001/784044.2 3 of 4

events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

[SIGNATURES ON FOLLOWING PAGE]

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01135.0001/784044.2 4o f4
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first-above written.

CITY:

CITY OF BELL, a California charter city
_________________________________
Alicia Romero
Mayor
ATTEST:
__________________________________
Angela Bustamante
City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
__________________________________
David J. Aleshire
City Attorney CONSULTANT :

GRAFFITI PROTECTIVE COATINGS,
INC., a California Corporation
By: ___________________________
Name: Carla Lenhoff
Title: President
By: ___________________________
Name: Steven Lenhoff
Title: Secretary
Address:
419 N. Larchmont #264
Los Angeles, CA 90004
(323) 464-4472
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED

BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity u pon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

Page 115 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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01135.0001/784070.4 1 of 5

AMENDMENT NO. 1

TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
BETWEEN CITY OF BELL AND MARIPOSA LANDSCAPES, INC.

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 1”) by and between the CITY OF BELL (“City”), a California charter city, and MARIPOSA LANDSCAPES, INC., a California corporation (“Consultant”), is effective as of the ______ day of _______________ 2022.

RECITALS

A. City and Consultant entered into that certain Contract Services Agreement dated December 12, 2018 (“Agreement”) whereby Consultant agreed to provide landscaping services within the city (the “Services”).

B. The Term of the Agreement was from February 1, 2019 to June 30, 2022 with three (3) one-year extensions with the City and Consultant’s mutual concurrence (per Exhibit D).

C. The total maximum compensation due under the Agreement was $361,579.00, with an annual not to exceed amount of $44,095.00 for Fiscal Year 2018–19 and $105,828.00 for Fiscal Years 2019–20, 2020–21, and 2021–22.

D. By this Amendment No. 1, the City and Consultant now desire to extend the term of the Agreement by one additional year, from July 1, 2022 to June 30, 2023, exercising one (1) of its three (3) one-year extensions. Amendment No. 1 will also increase the Contract Sum by $113,765.64 from $361,579.00 to $475,344.64, to account for the one-year term extension.

E. Except as amended hereby, this extension is subject to the same terms and conditions as provided in the Agreement.

TERMS

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01135.0001/784070.4 2 of 5

Seventy Nine Dollars ($361,579) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.”

b. Section 3.4, “Term” is hereby amended and shall now read as follows:

“3.4. Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years and five (5) months, beginning February 1, 2019 through June 30, 2022 four (4) years and five (5) months, beginning February 1, 2019 through June 30, 2023 , except as otherwise provided in the Schedule of Performance (Exhibit “D”). City and Contractor may, upon mutual concurrence, renew the Agreement for up to three (3) two (2) one-year extensions.”

c. Section I. of Exhibit “C,” is hereby amended and shall now read as follows:

SHRUB/ GROUND COVER MAINTENANCE
LOCATION PRICE/MONTH PRICE/YEAR FY-2022-2023

PRICE/MONTH
FY-2022-2023

PRICE/YEAR
1 Civic Center $169.00 $2,028.00 $181.68 $2,180.16
2 Florence Avenue Banks $1,180.00 $14,160.00 $1,268.50 $15,222.00 3 Gage Avenue Banks $1,349.00 $16,188.00 $1,450.18 $17,402.16 4 Atlantic Avenue Median $1,063.00 $12,756.00 $1,142.73 $13,712.76 5 Bandini Boulevard Median $1,116.00 $13,392.00 $1,199.70 $14,396.40 6 Eastern Avenue Median $495.00 $5,940.00 $96.75 $1,161.00 7 Camp Little Bear Park $90.00 $1,080.00 $181.68 $2,180.16 8 Treder Park $169.00 $2,028.00 $108.58 $1,302.96
9 Veteran's Memorial Park $101.00 $1,212.00 $532.13 $6,385.56 Sub-total: $5,732.00 $68,784.00 $6,161.93 $73,943.16

TURF MOWING /EDGING MAINTENANCE
LOCATION PRICE/MONTH PRICE/YEAR FY-2022-2023

PRICE/MONTH
FY-2022-2023

PRICE/YEAR
1 Civic Center $1,161.00 $13,932.00 $1,248.08 $14,976.96 2 Biancini Park $173.00 $2,076.00 $185.98 $2,231.76
3 Treder Park $692.00 $8,304.00 $743.90 $8,926.80
4 Veteran's Memorial Park $1,061.00 $12,732.00 $1,140.58 $13,686.96 Sub-total: $3,087.00 $37,044.00 $3,318.54 $39,822.48
TOTAL MAINTENANCE COST: $8,819.00 $105,828.00 $9,480.47 $113,765.64

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01135.0001/784070.4 3 of 5

d. Section II. of Exhibit “C,” is hereby amended and shall now read as follows:

Within the budgeted amounts for each Location, and with the approval of the Contract Offi cer, funds may be shifted from one Location subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, or the monthly budget does not exceed $8,819
$9,480.47, unless Additional Services
are approved per Section 1.8.

e. Section V. of Exhibit “C,” is hereby amended and shall now read as follows:

“V. The compensation for Fiscal Year 2018/19 for the Services shall not exceed Forty-Four Thousand Ninety-Five Dollars ($44,095). The annual compensation for the remaining Fiscal Years Fiscal Years 2019/20, 2020/21, and 2021/22 the Services shall not exceed One Hundred Five Thousand Eight Hundred Twenty- Eight Dollars ($105,828). The compensation for Fiscal Year 2022/23 for the Services shall not exceed One Hundred Thirteen Thousand Seven Hundred Sixty Five Dollars and Sixty Four Cents ($113,765.64). The total compensation for the Services, beginning February 1, 2019 through June 30, 2022 June 30, 2023, shall not exceed Three Hundred Sixty-One Thousand Five Hundred Seventy-Nine Dollars ($361,579) Four Hundred Seventy-Five Thousand Three Hundred Forty Four Dollars and Sixty-Four Cents ($475,344.64) as provided in Section 2.1 of this Agreement.”

f. Section III. of Exhibit “D,” is hereby amended and shall now read as follows:

“III. This Agreement is for three (3) years four (4) years and five (5) months, beginning February 1, 2019 through June 30, 2022 2023, City and Contractor may, upon mutual concurrence, renew the Agreement for up to three (3) two (2) one-year extensions.”

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01135.0001/784070.4 4 of 5

represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

[SIGNATURES ON FOLLOWING PAGE]

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01135.0001/784070.4 5o f 5
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first-above written.

CITY:

CITY OF BELL, a California charter city
_________________________________
Alicia Romero
Mayor
ATTEST:
__________________________________
Angela Bustamante
City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
__________________________________
David J. Aleshire
City Attorney CONSULTANT :

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED

BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.

Page 176 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
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CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

Page 177 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 15529 ARROW HIGHWAY, IRWINDALE, CA 91706 • CA CONTRACTOR’S LIC # 592268 A, C-27, D-49 Our Core Values – Safety • Teamwork • Quality • Integrity

April 26, 2022

Gabino Luna – Public Works Manager

City of Bell
6330 Pine Avenue.

Bell, CA 90201
Phone (323) 588-5411

RE: City of Bell Park & Medians Landscape Maintenance Contract – Request for Increase.

Dear Mr. Luna,

Thank you for your time to discuss our request for additional one year compensation on our landscape maintenance contract. We have made every effort to absorb the rise in costs without requesting an increase to our contract for the past year.

The government mandate to scale-up minimum wages, the unprecedented rise in gas prices, insurance, equipment and labor cost imposes a financial burden on us that we are not able to sustain. Our work is labor intensive and an increase in the cost of labor of this magnitude puts us in a losing position. Increases to the minimum wage force salary increases across all labor classifications in our industry, and affected our labor costs substantially.

For this reason, we are requesting an increase of 7.5% to our contract rates equal to the CPI (Consumer Price Index), for Los Angeles area. With your approval effective July 01, 2022. The new monthly price will be $9,480.43. Please see price breakdown on attached.

Our commitment is to provide superior service in meeting the goals of the City. We look forward to continuing this relationship and we thank you for your consideration in this matter.

Respectfully,

Miguel Medina – Maintenance Account Manager
[email protected]
626-991-4219 cell

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Our Core Values – Safety • Teamwork • Quality • Integrity

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DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

HOUSING ELEMENT ANNUAL PROGRESS

REPORT (APR) INSTRUCTIONS

INTRODUCTION
Note: Some instructions and definitions can be found in the column headers of the tables. (Cells with red marke Government Code section 65400 requires that each city, county, or city and county, including charter cities, prepare an annual progress report (APR) on the status of the housing element of its general plan and progress in its implementation, using forms and definitions adopted by the Department of Housing and Community Development (HCD). The following form is to be used for satisfying the reporting requirements of Government Code section 65400, subdivision (a)(2).

These forms and instructions, originally adopted March 27, 2010, have been updated to incorporate new Housing Element APR requirements pursuant to Chapter 374, Statutes of 2017 (Assembly Bill 879); Chapter 366, Statutes of 2017 (Senate Bill 35), Chapter 664, Statutes of 2019 (Assembly Bill 1486), Chapter 159, Statues of 2019 (Assembly Bill 101), Chapter 661, Statutes of 2020 (Assembly Bill 1255), Chapter 15, and Statutes of 2020 How to submit the Housing Element Annual Progress Report (APR) The APR must be submitted to the Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) on or before April 1 of each year using the forms and tables specified by HCD. The APR provides information for the previous calendar year and must be submitted separately to both HCD and OPR (Gov. Code, § 65400.). There are two methods available for submitting APRs:

1. Online Annual Progress Reporting System - This allows jurisdictions to upload directly into HCD’s database, limiting the risk of errors. To use the online system, email [email protected], and request login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - Jurisdictions complete the Excel APR forms and submit to HCD at [email protected] and to OPR at [email protected]. When using the email method, send the electronic version as an Excel workbook attachment. Do not send a scanned copy of the tables. In addition to submitting Housing Element APRs, jurisdictions must also submit General Plan Annual Progress Reports to both HCD and OPR. Please email these documents to [email protected] and [email protected].

NOTE: When submitting successor entity reporting data as required pursuant to California Health and Safety Code 34176.1, the data must be identified as an addendum to the APR and emailed to [email protected] concurrently with the APR submittal. When using the online system, this report should be sent separately to the APR email box to satisfy the Government Code section 65400 reporting requirement.

TABLE OF CONTENTS

INTRODUCTION

DEFINITIONS

FORM INSTRUCTIONS

GENERAL INFORMATION

START HERE
TABLE A Housing Development Applications Submitted
TABLE A2 Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units TABLE B Regional Housing Needs Allocation Progress – Permitted Units Issued By Affordability TABLE C Sites Identified or Rezoned to Accommodate Shortfall Housing Need TABLE D Program Implementation Status pursuant to Government Code section 65583 X0A2T

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TABLE E Commercial Development Bonus Approved pursuant to Government Code section 65915.7 TABLE F Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1, subdivision (c)(2)
TABLE G Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, pursuant to Government Code section 65400.1 Table H - Locally Owned or Controlled Lands Declared Surplus Pursuant to Government Code section 54221, or Identified as Excess Pursuant to Government Code section 50569

DEFINITIONS

1. “Above moderate income” means households earning more than 120 percent of area median income.

2. “Annual Progress Report (APR)” means the housing element annual progress report required by Government Code section 65400 and due to HCD by April 1 of each year reporting on the prior calendar year’s activities.

3. “Application submitted” means an application submittal that has been determined complete by the jurisdiction.

4. “Area Median Income (AMI)” means the median household income based on household size of a geographic area of the state, as annually updated by the California Department of Housing and Community Development (HCD), pursuant to Health and Safety Code section 50093.

5. “Certificate of occupancy date” is the date(s) the certificate(s) of occupancy, or other evidence of readiness for occupancy (e.g., final inspection, notice of completion), was/were issued.

6. “Committed Assistance” is when a local government has entered into a legally enforceable agreement within a specific timeframe spanning from the beginning of the RHNA projection and may be executed throughout the planning period. Committed Assistance includes obligating funds or other in-kind services for affordable units available for occupancy within two years of the agreement.

7. “Completed Entitlement” means a housing development or project which has received all the required land use approvals or entitlements necessary for the issuance of a building permit. This means that there is no

8. “Density Bonus” as defined in Government Code section 65915.

9. “Extremely low-income” means a household earning less than 30 percent of area median income pursuant to Health and Safety Code, section 50105.

10. “Infill housing unit” is defined as being a unit located within an urbanized area or within an urban cluster on a site that has been previously developed for urban uses, or a vacant site where the properties adjoining at least two sides of the project site are, or previously have been, developed for urban uses. For the purposes of this definition, an urbanized area or an urban cluster is as defined by the United States Census

11. “Locality” or “local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.

12. “Lower-income or Low-Income” means a household earning less than 80 percent of area median income pursuant to Health and Safety Code, section 50079.5.

13. “Moderate income” means households whose income does not exceed 120 percent of area median income pursuant to Health and Safety Code, section 50093.

14. “Permitted units” mean units for which building permits for new housing construction have been issued by the local government during the reporting calendar year. For this purpose, “new housing unit” means housing units as defined by the Department of Finance for inclusion in the Department of Finance’s annual “E-5 City/County Population and Housing Estimates” report, which is the same as the Census definition of a housing X0A1T

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Note: Accessory dwelling units (ADU) and junior accessory dwelling units (JADU) pursuant to Government Code sections 65852.2 and 65852.22 meet the definition above.

15. “Production report” or “Annual Progress Report (APR)” means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400 of Government Code.

16. “Project” or “Development” refers to a housing related activity where new construction of a unit(s) is proposed or has had a building permit and/or certificate of occupancy issued during the reporting calendar year.

This may include single family, mixed use, multifamily, accessory dwelling unit, or any other developments where housing units, as defined by the U.S. Census Bureau and the California Department of Finance, are a component of the project.

17. “Realistic Capacity” means an estimate of the number of units that can be accommodated on each site in the inventory. The esti mate must include adjustments to reflect land use controls and site improvement requirements but may rely on established minimum density standards.

18. “Reporting period” means the prior calendar year’s activities for the housing element annual progress report required by Government Code section 65400 and due to HCD by April 1 of each year and utilized to create the determination for which locality is subject to the Streamlined Ministerial Approval (SB35 Streamlining)

19. “RHNA” means the local government’s share of the regional housing need allocation pursuant to Government Code section 65584 et seq.

20. Unit Category: type of units that are classified under the following categories:
• Single Family-Detached Unit (SFD)- a one-unit structure with open space on all four sides. The unit often possesses an attached garage.
• Single Family-Attached Unit (SFA)- a one-unit structure attached to another unit by a common wall, commonly referred to as a townhouse, half-plex, or row house. The shared wall or walls extend from the foundation to the roof with adjoining units to form a property line. Each unit has individual heating and plumbing • 2-, 3-, and 4-Plex Units per Structure (2-4)- a structure containing two, three, or four units and not classified as single-unit attached structure.
• 5 or More Units per Structure (5+)- a structure containing five or more housing units. • Accessory Dwelling Unit (ADU) - means a unit that is attached, detached or located within the living area of the existing dwelling or residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel on which the single-family dwelling is situated pursuant to Government Code section 65852.2. An ADU also includes the following: an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code or a manufactured home, as defined in Section 18007 of the Health and Safety Code. • Mobile Home Unit/Manufactured Home – a one-unit structure that was originally constructed to be towed on its own chassis. Please note: Spaces in a mobile home park can be counted towards RHNA, if the spaces counted are new hook-ups/spaces rather than new mobile home park residents moving onto existing lots.

21. “Very low-income” means households earning less than 50 percent of area median income pursuant to Health and Safety Code, section 50105.

AUTHORITY CITED: Government Code section 65400.

FORM INSTRUCTIONS

GENERAL INFORMATION
Fields in gray auto-populate. No data entry is needed.

Some of the cells are locked to ensure data can be automatically uploaded to the online system.

Tables A and A2 of the worksheet are currently configured to accept up to 1,000 lines of data. Insert rows if Projects are now tracked at all stages of development, from initial application to final certificate of occupancy.

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All dates must be entered as month/date/year (e.g., 6/1/2018).

The form works best with macros enabled in Excel.

Begin with the “Start Here” tab, as previous years’ information will pre-populate in Table B after the jurisdiction’s name is entered.

START HERE
Enter general contact and report information in the “Start Here” tab.

It is important to start with this worksheet because the answers entered will affect how information is displayed (e.g. permit numbers from prior years are pre-populated when jurisdiction’s name is entered).

Information to enter includes:
• City or County name
• Reporting calendar year (e.g., 2019). Please note: The reporting year will always be from January 1 – December 31 of the previous year.
• Contact person
• Title
• Email
• Phone
• Mailing address
This sheet includes instructions regarding submitting the Housing Element APR to HCD and OPR.

TABLE A
Housing Development Applications Submitted
Only include data on housing units and developments for which an application was deemed complete between January 1st and December 31st of the reporting year identified on the “Start Here” tab. In t able A, an “application” is a formal submittal of a project for approval. This application is either an application for a discretionary entitlement, or where only a ministerial process is required (e.g., zoned by right).

1. Project Identifier: Include the Current Assessor Parcel Number (APN) and street address. The Prior APN, Project Name and Local Jurisdiction Tracking ID are optional. • Prior APN – Enter an APN previously associated with the parcel, if applicable (optional field). • Current APN – Enter the current available APN. If necessary, enter additional APNs in the notes section field number 10.
• Street Address – Enter the number and name of street. • Project Name – Enter the project name, if available (optional field). • Local Jurisdiction Tracking ID – This may be the permit number or other identifier (optional field).

2. Unit Types: Each development should be categorized by one of the following codes. Refer to “Unit Category” in the Definitions section for additional descriptions. Use the drop-down menu to select one of the following • SFA (single-family attached unit)
• SFD (single-family detached unit)
• 2-4 (two- to four-unit structures)
• 5+ (five or more unit structure, multifamily) X0A4T
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• ADU (accessory dwelling unit)
• MH (mobile home/manufactured home)

3. Tenure: Identify whether the units within the development project are either proposed or planned at initial occupancy for either renters or owners. Use the drop-down menu to select one of the following options:
• Renter occupant (R) or
• Owner occupant (O)

4. Date Application Submitted: Enter the date the housing development application was submitted. If the application was incomplete at the time of submittal, enter the date the application was determined complete by the local government (refer to “application submitted” under definitions). Enter date as month/day/year (e.g., 6/1/2020).

5. Proposed Units Affordability by Household Incomes: For each development, list the number of units proposed in the application by affordability level and whether the units are deed restricted or non-deed restricted. Refer to the Definitions section for additional descriptions:

Very low-income households: 0-50% AMI
Low-income households: 50-80% AMI
Moderate-income households: 80-120% AMI
Above-moderate households: above 120%
To verify income levels, refer to the income limit charts on HCD’s website at http://www.hcd.ca.gov/grants- funding/income-limits/state-and-federal-income-limits.shtml (see section for Official State Income

6. Total Proposed Units by Project: This field auto-populates with the total number of units proposed, as entered in #5 (total of deed restricted & non-deed restricted units for Very Low-, Low-, Moderate- and Above Moderate- income households).

7. Total Approved Units by Project: Enter the number of units that the jurisdiction approved for this project application.

8. Total Disapproved Units by Project. If the project is denied or total number of units is reduced, please enter the number of units denied or reduced. This value should equal Total Proposed Units by Project minus “Total Approved Units by Project.”

9. Was “Application Submitted” pursuant to Government Code section 65913.4, subdivision (b) (Streamlined Ministerial Approval Process (SB 35 Streamlining))? Use the drop-down menu to select one of the following options:
• No
• Yes – But no action taken
• Yes – Approved
• Yes – Denied

10. Was a Density Bonus application received for this project? Answer yes or no.

11. Was the Density Bonus application approved for this project? Answer yes or no.

12. Please indicate the status of the application. Use the drop-down to select one of the following options:
• Approved
• Pending
• Disapproved

13. Notes: Use this field to enter any applicable notes about the project or development. Completion of this field is optional.

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TABLE A2
Annual Building Activity Report Summary – New Construction, Entitled, Permits and Completed Units
Fields 1 through 15 Housing Development Information
This table requires information for very low, low, moderate and above moderate income housing affordability categories and for mixed-income projects. Include data on net new housing units and developments that have received any one of the following:
• An entitlement
• A building permit
• A certificate of occupancy or other form of readiness that was issued during the reporting year.

Please note: Only building permits are used for the purposes of determining progress towards RHNA (fields 7, 8 and 9 of this table, described below).

New housing units : For the APR, “new housing unit” means housing units as defined by the Department of Finance for inclusion in the Department of Finance’s annual “E-5 City/County Population and Housing Estimates” report, which is the same as the census definition of a housing unit.

Development activity spanning multiple years : It is highly likely that the same project will be reported in multiple years of APRs. For example, a project should be listed in three separate APRs if it is entitled in one year, receives the building permit next year, and the certificate of occupancy in the year following.

In scenarios where development activity spans multiple years, the jurisdiction should only report activity that occurred within the reporting year. For example, if a project received building permits in 2018 , but received entitlements in 2017 , the 2018 APR should only report the building permit information (fields 7, 8 and 9), and not include entitlement information (fields 4, 5 and 6).

Separate living quarters : A house, an apartment, a mobile home, a group of rooms, or a single room occupied as separate living quarters, or if vacant, intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other individuals in the building and which have direct access from outside the building or through a common hall. For vacant units, the criteria of separateness and direct access are applied to the intended occupants whenever possible.

Please note: Group quarters facilities, such dormitories, student houisng, bunkhouses, and barracks cannot be counted as housing units.

Net new units: If a building is being demolished to build the new units, the APR should report net new units. For example, if 10 units are being demolished on a site to build a 100-unit building, the APR should report 100 new units and 10 units in the demolished/destroyed column. In the case of new construction where fewer units are being built than were there previously, do not report negative permits.

To assist in reporting demolished/destroyed units, refer to section number 20 below (Table A2, column 20).

All new unit information is to be listed in the following fields:

Fields 1 through 3 – Project Identifier and Unit Types

1. Project Identifier: Include the Current Assessor Parcel Number (APN) and street address. The prior APN, project name or local jurisdiction tracking ID are optional. • Prior APN – Enter an APN previously associated with the parcel, if applicable (optional field). • Current APN – Enter the current available APN. This field allows a maximum of 40 characters. If necessary enter additional APNs in the notes section field number 21. • Street Address – Enter the number and name of street. • Project Name – Enter the project name, if available (optional field). • Local Jurisdiction Tracking ID – This may be the permit number or other identifier (optional field).

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2. Unit Category Codes: Each development should be categorized by one of the following codes: Refer to “Unit Category” in the Definitions section for additional descriptions. Use the drop-down menu to select one of the following options:
• SFA (single-family attached unit)
• SFD (single-family detached unit)
• 2-4 (two- to four-unit structures)
• 5+ (five or more unit structure, multifamily) • ADU (accessory dwelling unit)
• MH (mobile home/manufactured home)

4. Affordability by Household Income – Completed Entitlement: For each development, list the number of units that have been issued a completed entitlement during the reporting year by affordability level and whether the units are deed restricted or non-deed restricted. Refer to the Definitions section for additional descriptions:
• Very low-income households: 0-50% AMI
• Low-income households: 50-80% AMI
• Moderate-income households: 80-120% AMI
• Above-moderate households: above 120%
To verify income levels, refer to the income limit charts on HCDs website at http://www.hcd.ca.gov/grants- funding/income-limits/state-and-federal-income-limits.shtml (see section for Official State Income

5. Entitlement Date Approved: Enter the date within the reporting year that all required land use approvals or entitlements were issued by the jurisdiction; leave blank if entitlement was approved outside the reporting year.

Enter date as month/day/year (e.g., 6/1/2018). Refer to definition of “Completed Entitlement.”

6. # of Units Issued Entitlements: This is an auto-populated field. This field reflects the total number of units that were entitled for very-low, low, moderate, and above moderate income, as entered in field 4 on this table.

Fields 7 through 9 – Building Permit

7. Affordability by Household Income – Building Permits: For each development, list the number of units that have been issued a building permit during the reporting year by affordability level and whether the units are deed restricted or non-deed restricted. Refer to the Definitions section for additional descriptions:
• Very low-income households: 0-50% AMI
• Low-income households: 50-80% AMI
• Moderate-income households: 80-120% AMI
• Above-moderate households: above 120%
To verify income levels, refer to the income limit charts on HCDs website at http://www.hcd.ca.gov/grants- funding/income-limits/state-and-federal-income-limits.shtml (see section for Official State Income

8. Building Permits Date Issued: Enter the date within the reporting year that the building permit was issued by the jurisdiction; leave blank if building permit was issued outside the reporting year. Enter date as month/day/year (e.g., 6/1/2018). Refer to definition of “Permitted Units.”

9. # of Units Issued Building Permits: This is an auto-populated field. This field will sum units that were permitted for very-low, low, moderate, and above moderate income, as entered in field 7 on this table.

Fields 10 through 12 – Certificates of Occupancy

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10. Affordability by Household Income – Certificates of Occupancy: For each development, list the number of units that issued certificates of occupancy or other form of readiness (e.g., final inspection, notice of completion) during the reporting year by affordability level and whether the units are deed restricted or non-deed restricted.

Refer to the Definitions section for additional descriptions:
• Very low-income households: 0-50% AMI
• Low-income households: 50-80% AMI
• Moderate-income households: 80-120% AMI
• Above-moderate households: above 120%
To verify income levels, refer to the income limit charts on HCDs website at http://www.hcd.ca.gov/grants- funding/income-limits/state-and-federal-income-limits.shtml (see section for Official State Income

11. Certificates of Occupancy (or other forms of Readiness) Date Issued: Enter the date the certificate of occupancy or other form of readiness (e.g., final inspection, notice of completion) was issued for the project. For most jurisdictions, this is the final step before residents can occupy the unit. Leave blank if certificate of occupancy was not issued in the reporting year. Enter date as month/day/year (e.g., 6/1/2018).

12. # of Units Issued Certificates of Occupancy or other forms of Readiness: This is an auto-populated field. This field will sum units that were issued a certificate of occupancy for very-low, low, moderate, and above moderate income, as entered in field 10 on this table.

13. How many of the Units were Extremely-Low Income Units (Optional): To gain a greater understanding of the level of building activity to meet the needs of extremely low-income households in the state, HCD asks that you estimate, to the extent possible, the number of units affordable to extremely-low income households. This number will be a subset of the number of units affordable to very low-income households, as indicated in fields 4, 7 and 10 above. Please note: The number entered in the very low section will not be reduced by the number entered here. Although completion of this field is optional, your input would be greatly appreciated.

14. Was Project approved using Government Code section 65913.4, subdivision (b) (Streamlined Ministerial Approval Process (SB 35 Streamlining))? Use the drop-down menu to select one of the following options:
• “Y” if jurisdiction approved the project application pursuant to the streamlined ministerial approval process (SB 35 Streamlining).
• “N” for all other situations.

15. Are these infill units? To gain a greater understanding of the level of infill housing activity in the state, HCD asks that you clarify if the housing units reported are infill by selecting “Yes” or “No.” Although completion of this field is optional, your input would be greatly appreciated. See Definitions section for “infill housing units” Fields 16 through 18: Please note, if any units are reported as very-low, low, or moderate income in fields 4, 7 or 10 then information in fields 16, 17 and/or 18 must be completed to demonstrate affordability. In the absence of justification that the unit is affordable to a very- low, low, and moderate income household, the unit must be counted as above-moderate income.

Fields 16 and 17 Housing with Financial Assistance and/or Deed Restrictions For all housing units developed or approved with public financial assistance and/or have recorded affordability deed restriction or covenants, identify funding sources and/or mechanisms that enable units to be affordable.

16. Assistance Programs Used for Each Development: Enter information here if units received financial assistance from the city or county and/or other subsidy sources, have affordability restrictions or covenants, and/or recapture of public funds upon resale.

Use the drop-down menu to select the acronym of the applicable funding program(s), as listed below. To select more than one funding source click once then select the cell again and click another source. • Acq/Rehab: CalHFA Acquisition/Rehab Loan Program • AHP: Affordable Housing Program - Fed Home Loan • AHSC: Affordable Housing and Sustainable Communities • CalHOME: CalHOME

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• CDBG: Community Development Block Grant
• CDLAC: CDLAC Bonds (CA Debt Limit Allocation Committee) • CESH: CA Emergency Solutions & Housing
• ESG: Emergency Solutions Grant
• GSAF: Golden State Acquisition Fund
• HEAP: Homeless Emergency Aid Program
• HHAP: Homeless Housing, Assistance and Prevention Program • HKEY: Homekey
• HOME: Housing Investment Partnership Program
• HOPWA: Housing Opportunities for Persons with AIDS • IIG: Infill Infrastructure Grant
• LHTF: Local Housing Trust Funds
• LIHTC: CTCAC/Low Income Housing Tax Credits
• MHP: Multifamily Housing Program - HCD
• MHSA: Mental Health Services Act Funding
• MPRROP: Mobilehome Park Rehab & Resident Ownership Program • MRB: Mortgage Revenue Bonds
• MyHOME: MyHome Down Payment Assistance
• NHTF: National Housing Trust Fund
• NPLH: No Place Like Home
• PBS8: Section 8 Project-Based Rental Assistance • PDLP: Predevelopment Loan Program
• RAD: Rental Assistance Demonstration Program
• RDA: Redevelopment Agency or Successor Agency Funds • Sec 202: HUD Section 202 Housing for the Elderly • Sec 811: Section 811 Project Rental Assistance • SERNA: Joe Serna Jr Farmworker Housing Program • SHMHP: Supportive Housing MHP
• SNHP: Special Needs Housing Program - CalHFA
• TOD: Transit Oriented Development Program
• USDA: USDA Rural Development Housing Programs • VHHP: Veterans Housing and Homeless Prevention Program • Other: Describe in Notes

17. Deed Restriction Type: Enter information here if units in the project are considered affordable to very-low, low, and/or moderate income households due to a local program or policy, such as an inclusionary housing ordinance, regulatory agreement, or a density bonus. This field should not be used to enter the number of deed restricted units. Identify the mechanism used to restrict occupancy based on affordability to produce “deed restricted” units. Use the drop-down menu to select one of the following options • “INC” if the units were approved pursuant to a local inclusionary housing ordinance. • “DB” if the units were approved using a density bonus. • “Other” for any other mechanism. Describe the source in notes section number 21.

18. Housing without Financial Assistance or Deed Restrictions: Enter information here if the units are affordable to very-low, low and moderate income households without financial assistance and/or deed restrictions. In these cases, affordability must be demonstrated by proposed sales price or rents. • Sales prices and rents must meet the definition of affordable as defined in Health and Safety Code Section 50052.5 for owner-occupied units or Health and Safety Code section 50053 for renter-occupied units.

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• Describe how the newly constructed rental or ownership housing units were determined to be affordable to very- low, low, and moderate income households without either public subsidies or restrictive covenants. This may be based on various methods considering sales prices or rents relative to the income levels of households such as through a survey of comparable units in the area that show the unit would be affordable to very-low, low, or moderate income households.
o The jurisdiction can consider comparable rental prices or new sales prices (actual or anticipated). The jurisdiction should consider costs for renters (i.e., 30% of household income for rent and utilities) or owners (e.g., 30% of household income for principal, interest, taxes, insurance and utilities, pursuant to Title 25 CCR • In the absence of justification that the unit is affordable to a very- low, low, and moderate income household, the unit must be counted as above-moderate income.

19. Term of Affordability or Deed Restriction: If units have committed financial assistance and/or are deed restricted, enter the duration of the affordability or deed restriction. If units are affordable in perpetuity, enter 1,000. If multiple funding sources or deed restrictions on the development have different terms of affordability, please enter the longest term of affordability. Although completion of this field is optional, your input would be greatly appreciated.

20. Demolished/Destroyed Units: This section is to report if the project and associated APN, has a permit, entitlement or certificate of occupancy in the reporting year, and the APN previously had demolished or destroyed units.
• Enter the “Number of Demolished or Destroyed Units” in the reporting calendar year. • From the drop down menu select “demolished” if the units were torn down. Select “Destroyed” if the units were lost due to fire or other natural disaster.
• From the drop down menu “Demolished/Destroyed Units Owner or Renter” select “R” for renter or “O” for owner.

Fields 21 through 24 Density Bonus Detail: The following fields must be completed for at least a sample of density bonus projects reported by the jurisdiction and should only be completed if “DB” is one of the selections in section 17.

21. Density bonus: This section and the sections to follow are for reporting if the project received a density bonus, including concessions, incentives, waivers, or other modifications. The first field asks for the percentage of density bonus that was applied to the project.
• If the planning area's maximum allowable density is calculated based on the allowable number of units, express your response as a percentage (New total number of units - Old total number of units)/(Old total number of units); NOTE THAT WE ARE NOT PROPOSING TO EXPRESS THE DENSITY AS UNITS PER ACRE. • Alternatively, if the planning area's maximum allowable density is form- or volume-based, express your response as a percentage (New maximum allowable residential gross floor area - Old maximum allowable residential gross floor area)/(Old maximum allowable residential gross floor area)

22. Percentage of deed-restricted units: Enter the percentage of deed-restricted units in the project expressed as (percentage of deed-restricted units) / (total number of units) NOTE THAT THIS CALCULATION MIGHT ALSO BE

PROBLEMATIC IF THERE ARE DEED-RESTRICTED UNITS MANDATED BY ANOTHER SUBSIDY PROGRAM

23. Number of incentives and other modifications: Enter the total number of other incentives, concessions, waivers, or other modifications given to the project (exclude parking waivers or parking reductions). List the specific incentives, concessions, waivers, or other modifications given to the project using the drop-down menu. • On-Site Improvements
• Off-Site Improvements
• Development Standards Modification
• Other

24. Reductions or waivers of parking standards:
• Did the project receive a reduction or waiver of parking standards? Answer Yes or No.

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25. Notes: Use this field to enter any applicable notes about the project or development.

TABLE B
Regional Housing Needs Allocation Progress – Permitted Units Issued By Affordability Table B is a summary of prior permitting activity in the current planning cycle, including permitting activity for the calendar year being reported. Please note, the last year of the 5th cycle will only contain units with permit dates that occurred before the end of the cycle. The first year of the 6th cycle will only contain units with permits that occurred on or after the beginning of the cycle. To assist jurisdictions in completing this form, HCD has pre-filled permit data as reported to HCD on prior APRs. Past unit information will auto-populate when the jurisdiction’s name in the general information section of the “Start Here” tab is entered. Current year permitted units will auto-populate from data reported in table A2. If permit activity for current year is inaccurate, jurisdictions should make adjustments on field number 7, Affordability by Household Income – Building Permits Please contact HCD at [email protected] if data from previous years does not populate or if different than the information supplied in Table B. Any changes made by localities to previous years’ data in Table B will not update prior APR records maintained by HCD.

Table B reports the number of units for which permits were issued to demonstrate progress in meeting the jurisdiction’s share of regional housing need for the planning period.

1. Regional Housing Needs Allocation by Income Level: Lists the jurisdiction’s assigned RHNA for the planning cycle by income group. This field will be auto-populated once the jurisdiction’s name is entered in the “Start

2. Year: Lists the building permit data for each year of the RHNA planning cycle beginning in the first year and ending with the data from the current reporting year which can be found in Table A2.

3. Total Units to Date (all years): Totals the number of units permitted in each income category.

4. Total Remaining RHNA by Income Level: This field uses the information from the “Total Units to Date” category and deducts the units by income category from the jurisdiction’s assigned RHNA number. Note: The total units remaining to meet the RHNA allocation is in the bottom right hand corner.

TABLE C
Sites Identified or Rezoned to Accommodate Shortfall Housing Need Please note: This table should only be filled out when a city or county identified an Unaccommodated Need of sites from the previous planning period Government Code section 65584.09, has Shortfall of Sites as identified in the housing element Government Code section 65583, subdivision (c)(1); or is identifying additional sites required by No Net Loss law pursuant to Government Code section 65863. The data in this inventory serves as an addendum to the housing element sites inventory. This table should not include rezoning for a specific project.

1. Project Identifier: Include the Assessor Parcel Number (APN) and street address. The project name and local jurisdiction tracking ID are optional.

2. Date of Rezone: If rezone was required, identify the date the rezone occurred. Enter date as month/day/year (e.g., 6/1/2018).

3. RHNA Shortfall by Household Income Category: For each development or site, list the number of units that are affordable to the following income levels (refer to Definitions section for more detail):
• Very low-income households: 0-50% AMI
• Low-income households: 50-80% AMI
Note: rezoning is not required to accommodate moderate or above moderate RHNA shortfall.

4. Rezone Type: From the dropdown list, select one of the following for each project:

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• No Net Loss (Government Code section 65863): When a jurisdiction permits or causes its housing element sites inventory site capacity to be insufficient to meet its remaining unmet RHNA for lower and moderate- income households. In general, a jurisdiction must demonstrate sufficient capacity on existing sites or make available adequate sites within 180 days of there being insufficient sites to meet the remaining RHNA. • Unaccommodated Need (Government Code section 65584.09): When a jurisdiction failed to identify or make adequate sites available in the prior planning period to accommodate its RHNA by income category. Note:

When this condition occurred, the housing element in the current planning period in most cases will have a program to make available adequate sites to address the unmet RHNA by income category in the first year of the planning period.
• Shortfall of Sites (Government Code section 65583, subdivision (c)(1)): When a jurisdiction does not identify adequate sites to accommodate its RHNA by income category in the current planning period. Note: When this condition occurred, the housing element for the current planning period must have included a program to make available adequate sites to address the unmet RHNA by income category. For jurisdictions on an eight year planning period, the rezones must be complete within the first three years of the planning period.

5. Parcel Size (Acres): Enter the size of the parcel in acres.

6. General Plan Designation: Enter the new General Plan Land Use designation. If no change was made, enter the current designation.

7. Zoning: Enter the new zoning designation for the parcel. If no change was made, enter the current zoning designation.

8. Density Allowed: Enter the minimum and maximum density allowed on each parcel. This is the density allowed after any zoning amendments are made. If no maximum density enter N/A.

9. Realistic Capacity: Enter the estimated realistic unit capacity for each parcel. Refer to Definitions for more information about “Realistic Capacity.”

10. Vacant/Non-vacant: From the drop-down list, select if the parcel is vacant or non-vacant. If the parcel is non- vacant, then enter the description of existing uses in Field 11.

11. Description of Existing Uses: Include a description of existing uses. Description must be specific (i.e. SFR, MF, surplus school site, operating business, vacant commercial building, parking lot). Classifications of uses (i.e. “commercial”, “retail”, “office”, or “residential”) are not sufficient.

TABLE D
Program Implementation Status pursuant to Government Code section 65583 Report the status/progress of housing element program and policy implementation for all programs described in the housing element:

1. Name of Program: List the name of the program as described in the element.

2. Objective: List the program objective (for example, “Update the accessory dwelling unit ordinance”).

3. Timeframe in Housing Element: Enter the date the objective is scheduled to be accomplished.

4. Status of Program Implementation: List the action or status of program implementation.

For your information, the following list includes the statutory requirements for housing element programs:
• Adequate sites (Gov. Code, § 65583, subd. (c)(1)). Please note: Where a jurisdiction has included a rezone program pursuant to Government Code section 65583.2, subdivision (h) to address a shortfall of capacity to accommodate its RHNA, Table C must include specific information demonstrating progress in implementation including total acres, brief description of sites, date of rezone, and compliance with by-right approval and density requirements.
• Assist in the development of low- and moderate-income housing (Gov. Code, § 65583, subd. (c)(2)).

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• Remove or mitigate constraints (Gov. Code, § 65583, subd. (c)(3)). • Conserve and improve existing affordable housing (Gov. Code, § 65583, subd. (c)(4)).

Promote and affirmatively further fair housing opportunities (Gov. Code, § 65583, subd. (c)(5)). • Preserve units at-risk of conversion from low-income use (Gov. Code, § 65583, subd. (c)(6).

Please note: Jurisdictions may add additional rows in Table D to include all Housing Element programs, or to provide clarification or information relevant to demonstrating progress towards meeting RHNA objectives.

TABLE E
Commercial Development Bonus Approved pursuant to Government Code section 65915.7
Government Code section 65915.7 states:
“(a) When an applicant for approval of a commercial development has entered into an agreement for partnered housing described in subdivision (c) to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city, county, or city and county shall grant to the commercial developer a development bonus as prescribed in subdivision (b). Housing shall be constructed on the site of the commercial development or on a site that…” meets several criteria.

If the jurisdiction has approved any commercial development bonuses during the reporting year, enter the following information:

1. Project Identifier: Include the parcel’s APN number and street address. The project name and local jurisdiction tracking ID are optional.

2. Units Constructed as Part of the Agreement: For each development, list the number of units that are affordable to the following income levels (refer to definitions for more detail):
• Very low-income households: 0-50% AMI
• Low-income households: 50-80% AMI
• Moderate-income households: 80-120% AMI
• Above-moderate households: above 120%

3. Description of Commercial Development Bonus: Include a description of the commercial development bonus approved by the jurisdiction.

4. Commercial Development Bonus Date Approved: Enter the date that the jurisdiction approved the commercial development bonus. Enter date as month/day/year (e.g., 6/1/2018).

TABLE F
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1, subdivision (c)
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c).

Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Units that Do Not Count Toward RHNA: The jurisdiction may list for informational purposes only, units that do not count toward RHNA but were substantially rehabilitated, acquired or preserved.

Units that Count Toward RHNA: To enter units in this table as progress toward RHNA, please contact HCD at [email protected]. HCD will provide a password to unlock the grey fields.

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In order to count units reported in this table as progress towards RHNA, the jurisdiction will need to provide information that demonstrate the units meet the standards set forth in Government Code section 65583.1, subdivision (c). These program requirements are summarized on the Alternative Adequate Sites Checklist.

If HCD finds that the units meet the standards set forth in Government Code section 65583.1, subdivision (c) these units may credit up to 25 percent of the jurisdiction’s adequate sites requirement per income category.

Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, pursuant to Government Code section 65400.1 Chapter 664, Statutes of 2019 (AB 1486) added to the Government code section 65400.1, which requires jurisdictions to include in this APR a listing of sites owned by the locality that were included in the housing element sites inventory and were sold, leased, or otherwise disposed of during the reporting year.

The listing of sites must include the entity to whom the site was transferred, and the intended use of the site.

Table H
Locally Owned or Controlled Lands Declared Surplus Pursuant to Government Code section 54221, or Identified as Excess Pursuant to Government Code section 50569 Chapter 661, Statutes of 2019 (AB 1255) amended Government Code section 54230 to require cities and counties to create an inventory of surplus lands defined in subdivision (b) of Section 54221, and all lands in excess of its foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls. Please note:

Jurisdictions are only required to report on property located in an urban area or urbanized cluster. For a map of urban areas and urban clusters, please see HCD website here:
https://cahcd.maps.arcgis.com/apps/webappviewer/index.html?id=5a63b04d7c494a6ebb2aa38a2c3576f5 Cities and counties must make a description of each parcel described in paragraph (1) of Government Code section 54230 and the present use of the parcel a matter of public record and shall report this information to the Department of Housing and Community Development no later than April 1 of each year, beginning April 1, 2021, in a form prescribed by the department, as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400.
“Surplus land” means land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Land shall be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures. A local agency, on an annual basis, may declare multiple parcels as “surplus land” or “exempt surplus land.”
“Surplus land” includes land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code and land that has been designated in the long-range property management plan approved by the Department of Finance pursuant to Section 34191.5 of the Health and Safety Code, either for sale or for future development, but does not include any specific disposal of land to an identified entity described in the plan.

Parcel Description must include the following:

1. APN: Enter the parcel number of the identified property.

2. Street Address/Intersection: Enter the street address of the property. If no street address is available, enter the

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3. Existing Use: Select the existing use of the property. Use the drop-down menu to select one of the following op • Residential
• Commercial
• Industrial
• Public Facilities
• Vacant
• Air Rights
• Other

4. Number of Units: If the existing use is residential, enter the number of units on the property.

5. Surplus Designation: Please identify if the property has been designated surplus or exempt surplus pursuant to Government Code section 54221, or excess pursuant to Government Code section 50569.

6. Parcel Size (in acres): Enter the parcel size in acres.

7. Notes (Optional): Please include any applicable notes providing additional property description. This could include description of any characteristics of the property.

Local Early Action Planning (LEAP) Grant Reporting
Pursuant to Health and Safety Code section 50515.04, recipients of Local Early Action Planning (LEAP) grants shall annually report by April 1 of the year following receipt of those funds on the status of proposed uses in the application. The report shall address the housing impact within the jurisdiction, including a summary of building permits, certificates of occupancy or other completed entitlements. Data sources may include the LEAP application (e.g., Attachment 1: Project Timeline and Budget), re-imbursement requests, other portions of the annual progress reports and other summary records of program activities.

1. Total Award Amount: Utilizing the LEAP application and award letter, fill in the total award amount for all proposed LEAP activities.

2. Task: Utilizing Attachment 1: Project Timeline and Budget from the LEAP application, fill in all project level tasks. Do not fill in sub-tasks. For example, an application might include a project level task to prepare and adopt a downtown specific plan. In this case, simply fill in downtown specific plan and do not fill in sub-tasks such as outreach, traffic studies, drafting and adoption.

3. $ Amount Awarded: Utilizing Attachment 1: Project Timeline and Budget from the LEAP application, fill in the total amount awarded for each project level task.

4. $ Cumulative Reimbursement Requested: Utilizing reimbursement requests sent to the Department, add up all requested amounts for each project level task. Note, this is reimbursement “requested” and not reimbursement “received”. At the time of reporting, some reimbursement requests may be in process. The table does not need to address reimbursements in process.

5. Task Status: Provide a brief description of the status of project level tasks. This description should address recently completed, upcoming milestones, anticipated completion dates and any schedule slippage. In addition, task status may express progress as a percentage of completion (e.g., 50% complete).

6. Other Funding: Note any other funding sources by amount being utilized to complete each project level task. If no other funding sources are being utilized, enter N/A. Examples of other funding includes SB 2 planning grants program, SB 1 sustainability planning grants program and local general funds.

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7. Notes: Enter any other relevant information related to progress and impacts such as reasons for delays, anticipated numerical outcomes, etc.

8. Summary of Entitlements, Building Permits and Certificates of Occupancy: These tables will auto-populate from Table A2.

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Frequently Asked Questions
Can I leave a row blank? Yes, you may leave blank rows in between rows that have information. However, you may not leave more than 10 rows in a row blank in between rows with information.

How do I delete rows? Click on a cell in the row(s) and type Ctrl-d .

Note: Macros must be enabled
Why are the rows not summing correctly? The summary tab and sum rows only include activities that occurred during the reporting year , according to the year entered in the "Start Here" tab.

Why are some cells highlighted yellow or green?
Yellow Cells: Required cells for each row become highlighted yellow once any cell in the row contains a character. The affordability descriptions become highlighted and required once any lower or moderate income units are entered into the form.

Green Cells: Cells highlighted green are where you indicate the number of units by affordability. This is required for any project in Table A. This is also required for the applicable sections (completed entitlement, issued building permits, issued certificates of occupancy) of Table A2. For example, if a project in Table A2 was issued a building permit, but not an entitlement or certificate of occupancy during the reporting year, you would enter the unit count in one of the green cells in the building permit section only. You may leave the other sections blank even though they are highlighted green, since they wouldn't apply to this example. Once a value is entered into this range, the range will no longer be highlighted green.

Why are the date cells highlighted red?
Cells can be highlighted red for two reasons:

Date cells: Sometimes, dates that are copied and pasted into this form are formatted as text. When pasting dates into the form please paste with the "match destination formatting" option. If the date cells are still highlighted red, they contain text. These must be converted to dates. To do so, open a blank workbook and paste in the dates that are formatted as text. In an adjacent column, enter the function =DATEVALUE and refer the function to the cell with date formatted as text.

This will result in a 5-digit number. Copy and paste these 5-digit numbers back into the APR form, then change the format of the cells to "Short Date" (i.e., 3/4/2012).

Text cells: Cells can also be highlighted red if the length of the text entered into the cell exceeds the character limit.

Can the same project be included in both Table A and Table A2? Yes. Table A tracks all applications for residential development that were received and deemed complete during the reporting year. Table A2 tracks all entitlements, building permits, and certificates of occupancy for residential development that were issued in the reporting year. If a project was applied for and received entitlements, building permits, and/or certificates of occupancy during the reporting year, that project would be listed in both Table A and Table A2.

What if I have nothing to report? At minimum, the "Start Here" tab and Table D must be completed. If you have nothing to report in any of the other tables, please leave them blank, do NOT put N/A or something similar.

How do I correct or update the values in Table B? Table B contains data HCD has received from prior APR submittals as of October 6, 2020. If the numbers do not match your records, please contact HCD.

Do I need to take the form to my Council or Board prior to submitting the APR? Government Code section 65400 requires the planning agency to provide this report to the legislative body (i.e. local Council or Board), HCD, and OPR by April 1 of each year. The statute does not specify in which order they be provided, and HCD does not require the report to be submitted to the legislative body prior to submitting it to HCD.Can I use this form for a prior year? You can use this form for 2018 -2020. Make sure to change the reporting year in row 5 of the "Start Here" tab. Table G is not required for 2018. Table H and LEAP are not required for 2018-2019.

For the years 2017 and prior, you must use the old version of the APR. Please contact HCD at [email protected] to obtain.

Does submitting the Housing Element APR fulfill the requirements of submitting a General Plan APR? No. Government Code section 65400 requires jurisdictions to also submit a General Plan Annual Progress Report to OPR and HCD. These can be emailed to [email protected] and [email protected]

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Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title
Email
Phone
Street Address
City
Zipcode
v 2_15_2022
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
6330 Pine Avenue
Bell
90201
Please Start Here
General Information
2021
Bell
Contact Information
Megan
Covarrubias
Associate Planner
[email protected]
3239232609
Mailing Address
Annual Progress Report January 2020

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Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2021 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2021 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected]
and HCD will send you the login information
for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at
[email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

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Jurisdiction Bell ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very Low-
Income
Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-
Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by
project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Summary Row: Start Data Entry Below 0 0 0 0 0 59 0 57 0 0 0 0
0 0
0 0
6315-024-008 6320 Home Avenue Newly Constructed ADU ADU R 1/11/2021 1 1 No No 6316-016-024 6211 Heliotrope Avenue Construction of 3 units 2 to 4 R 1/20/2021 1 1 No No 6316-020-018 6200 Woodward Avenue Construction of a new 961 sq. ft. ADU ADU R 1/25/2021 1 1 No No 6326-033-002 6834 Woodward Avenue New construction of an ADU ADU R 2/4/2021 1 1 No No 6327-027-004 6811 Walker Avenue New construction of an ADU and the legalization of a patio. ADU R 3/9/2021 1 1 No No 6327-0258-015 7105 Crafton Ave ADU ADU R 3/29/2021 1 1 No No 6326-018-022 7025 Heliotrope Ave Construct an attached 591 sq. ft. ADU ADU R 4/1/2021 1 1 No No 6324-001-018 6515 Bear Ave 1 ADU review ( check in with attorney if 2 are allowed) ADU R 6/1/2021 1 1 No No 6325-004-032 6620 Corona Ave 3 newly constructed units 2 to 4 O 6/14/2021 3 3 No No 6324-024-007 3645 Beck Avenue Construction of a new ADU of 608 sq. ft. ADU R 6/23/2021 1 1 No No Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus
10

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Jurisdiction Bell ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
G C 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Des
troyed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential G ross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 3 0 0 0 0 0 0 0 0 0 0 0 0 6316-027-008 6326 Vinevale Ave Garage conversion into an ADU ADU R
0 1 12/14/2021 1 0 N
They are ADU's and/or garage
conversions into ADUs and are
a presumption of afforability
0 6315-018-008 6228 Alamo Avenue
Convert an attached 320 sf storage room to the garage
into an ADU Gargae cannot be used as a living space
ADU R
0 1 6/29/2021 1 0 N
They are ADU's and/or garage
conversions into ADUs and are
a presumption of afforability
0 6324-022-018 3608 Bell Avenue ADU and JADU
ADU R
0 1
11/21/2021
1 0 N
They are ADU's and/or garage
conversions into ADUs and are
a presumption of afforability
0 6326-010-028 4715 Bell Avenue Garage Conversion into an ADU ADU R
0 1 12/23/2020 1 0 N
They are ADU's and/or garage
conversions into ADUs and are
a presumption of afforability
0 6324-011-028 6613 California Avenue Garage conversion into an ADU ADU R
0 1
1/22/2022
1 0 N
They are ADU's and/or garage
conversions into ADUs and are
a presumption of afforability
0 6327-003-008 4877 Nevada Street Garage Conversion into an ADU ADU R
0 1 2/2/2022 1 0 N
They are ADU's and/or garage
conversions into ADUs and are
a presumption of afforability
6316-020-018 6200 Woodward Avenue New Construction of a 961 sq. ft. ADU ADU R
0 1 2/16/2022 1 0 N
They are ADU's and/or garage
conversions into ADUs and are
a presumption of afforability
0 6326-033-002 6834 Woodward Avenue New construction of an ADU ADU R
0 1 1/7/2022 1 0 N
They are ADU's and/or garage
conversions into ADUs and are
a presumption of afforability
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Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier (CCR Title 25 §6202)
Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10

Page 307 ends

Jurisdiction Bell ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - 65 - - - - Non-Deed Restricted - - - - - - - - - Deed Restricted - - - - - - - - - Non-Deed Restricted - - - - - - - - - Deed Restricted - - - - - - - - - Non-Deed Restricted - - 3 - - - - - 1 Above Moderate 21 - - - 10 62 - 12 - - 84 - 47 - - 3 10 127 - 12 - 1 153 11 Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. 7 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 4 65
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
4 Moderate
11 7
8 Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
-

Page 308 ends

Jurisdiction Bell ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)

Page 309 ends

Jurisdiction Bell
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1: Bell Code
Enforcement Program
(Existing Program)
The City will maintain the current (2021)
staffing levels for the entire planning period.

A minimum of ten site inspections will be
conducted on a weekly basis.

The Code Enforcement
Division's responsibilites will
continue over the 6th Cycle
planning period. The City will
commit to maintaining the
Department's 2021 funding
and staffing schedule over
the entire 6th Cycle planning
period.

On average, Code Enforcement opens 1,700 residential Code Enforcement cases per year.

Program 2: Emergency
Shelter Program ( Existing
Program)
The Community Development Department
will cooperate with the Salvation Army and
other emergency shelter providers in the
development of new emergency housing.

City staff will meet with the
Bell Salvation Army
representatives on a bi-
annual basis.

The City continues to cooperate with the Salvation Army and other emergency shelter providers in the development of new emergency housing, as needed.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)

Page 310 ends

Program 3: Low Barrier
Housing Program
(Exisiting Program)
The Community Development Department
will cooperate with the Salvation Army and
other emergency shelter providers in the
development of low barrier housing
resources.

In the 6th Cycle Housing
Element 2021-2029, this
existing program was
amended and adopted by
City Council in 02/09/2022.

The program will be
reviewed on an annual basis.

In the 6th Cycle General Plan Update 2021-2029, this existing program was amended to provide a review of the Zoning Code.

Program 4: Equal
Housing Program (Existing
Program)
The Community Development Department
will update the information on an annual
basis. The referral service will be
maintained over the entire 6th Cycle
planning period.

The program is done on an
ongoing basis throughout the
planning period. Distribute
educational materials every
2 years. Produce public
service announcements 2
times a year. Create Plan by
March 2021 and implement
on an ongoing basis.

The Community Development Department now runs the Housing Rehabilitation Program which encompasses the Handy Worker Program (Program 5). The City continues to provide assistance to 20 households per year and is on target to meet its overall numbers. Target numbers are based on funding and applicant interest.

Program 5: Handy-worker
Program (Existing
Program)
The BCHA will provide assistance for up to
20 households on an annual basis.

The program will continue
over the 6th Cycle Planning
period.

The Handy Worker Program is now included in the overall Housing Rehab program.

Program 6: General Plan
and Zoning Conformity
Program ( Existing
Program)
The Community Development Department
will continue to review the Zoning
Ordinance over the course of 6th Cycle to
ensure that the development standards are
consitent with the changes in State law or
new local policies that govern housing.

The program will continue
over the 6th Cycle Planning
period.

The City will initiate appropriate changes to the Zoning Map, Zoning Ordinance and Land Use Element to ensure conformity between all three documents.This will include the prearation of the Cheli Specific Plan ( Program 22) that will address the Land Use Element's identification of an Emergency Shelter Overlay Zone.

Page 311 ends

Program 7: Review of
Governmental
Constraints and the
Zoning Ordinances (
Existing Program)
The Zoning Ordinance is being updated.
following the updating of the Zoning
Ordinance, the Community Development
Department will review
and if necessary, revise the Zoning
Ordinance on an annual basis to ensure
that no additional housing constraints are
associated with the implementation
of the Zoning.

The existing program will be
continued through the 2021-
2029 Planning Period. The
program will be reviewed on
an annual basis.

The City is planning to continue to conduct a comprehensive review of the City's Zoning Ordinance to identify undue constriants to the production of housing.

Program 8: Transitional
and Supportive Housing
Program ( Existing
Program)
The City of Bell Community Development
Department will ensure the appropriate
Zoning Ordinance sections related to
transitional and supportive housing are
updated so that they conform to State Law.

In the 6th Cycle Housing
Element 2021-2029, this
existing program was
amended and adopted by
City Council in 02/09/2022.

The program will be
reviewed on an annual basis.

The Zoning Ordinance will
be reviewed on an annual
basis.

In the 6th Cycle General Plan Update 2021-2029, this existing program was amended to allow for supportive housing and low-barrier shelters by-right in multifamily and mixed- use zones
Program 9: Accessory
Dwelling Unit Program
( Existing Program)
The City of Bell Community Development
Department adopted an ADU and JADU
ordinace in January 2021 in accordance
with State Law.

The program will be
implemented
in Winter 2021.

The City has adopted the ADU/JADU ordinance and has been in effect since January 2021.

Program 10: Density
Bonus Program
( Existing Program)
In January 2021, the city adopted a
program to include a density bonus.

The program is a new
program. The new
Affordable Housing Density
Bonus Ordinance was
adopted in January 2021.

The City has adopted the Density Bonus ordinance and has been in effect since January 2021.

Page 312 ends

Program 11: Reasonable
Accommodation Housing
Program ( Existing
Program)
To facilitate the development maintenance,
and improvement of housing for persons
with distabilites; reduce processing time for
reasonable accomodation requests by 50%.

In addition, the Housing Division will publish
a brochure that will be provided at the
Planning Counter and the Community
Center that will advertise this program
in the City's newsletter, website, and Civic
Center TVs.

In the 6th Cycle Housing
Element 2021-2029, this
existing program was
amended and adopted by
City Council in 02/09/2022.

The program will be
reviewed on an annual basis.

In the 6th Cycle General Plan Update 2021-2029, this existing program was amended to include provisoins for reasonable accomodation.

Program 12: Energy
Conservation Program (
Existing Program)
The City of Bell Community Development
Department will ensure to promote energy
conservation in housing rehabilitation and in
the construction of new housing.

In the 6th Cycle Housing
Element 2021-2029, this
existing program was
amended and adopted by
City Council in 02/09/2022.

The program will be
reviewed on an annual basis.

In the 6th Cycle General Plan Update 2021-2029, this existing program was amended to add "Green Cities" section to City Website.

Program 13: Single Room
Occupancy (SRO) Housing
Program (Existing
Program)
The City of Bell Community Development
Department will ensure the appropriate
Zoning Ordinance section related to SRO
housing are updated so they conform to the
State Law.

In the 6th Cycle General
Plan Update 2021-2029, this
existing program is being
amended and is scheduled
for adoption by City Council
in 02/09/2022. Following the
adoption, the program will be
reviewed on an annual basis.

In the 6th Cycle General Plan Update 2021-2029, this existing program was amended to provide for SROs in the C-3 zone.

Program 14: Mobile Home
Program (Existing
Program)
The City of Bell Community Development
Department will preserve mobile home
parks or will expolore opportunities to
provide relocation opportunities for mobile
home park residents.

The program is implemented
on an annual basis.

In the 6th Cycle General Plan Update 2021-2029, this existing program was amended to include development of options for redevelopment of existing mobile home parks to benefit current park residents, Bell residents and the City as a whole.

Page 313 ends

Program 15: Preservation
of At-Risk Housing (
Existing Program)
The City will ensure that the existing
affordable, at risk units are preserved in the
6th Cycle planning period. The City will
annually monitor the status of the existing
affordable housing units that are at risk of
converting to market-rate during the 2014-
2021 Housing Element planning period.

The City will also monitor Section 8
legislation and provide technical assistance
to nonprofit property owners as necessary
and will pursue partnership
opportunities with non-profits to preserve
and expand affordable housing in the City.

Finally, the City will actively pursue
opportunities for the funding of replacement
housing.

The program is implemented
on an annual basis. The City continues to annually monitor affordable units.

Program 16: Extremely low-
income, Very Low-Income,
and Low-Income Housing
Program (Existing
Program)
The City will proactively continue to pursue
available funding sources to assist in the
development of lower income, including
extremely low-income housing. The City will
continue to apply for State and Federal
assistance including, but not limited to,
CDBG and Home funding. Other funding
sources will continue to be explored
including Prop 1-C and Local Housing Trust
Funds. The City will conduct an annual
seminar to discuss available funding
sources to assist in the development of
lower income, including extremely low-
income housing.

The program will be
implemented in Spring 2021.

The City receives entitlement CDBG and HOME funds through Los Angeles County. The County holds outreach as NOFAs are released.

Page 314 ends

Program 17: Design
Standards (Existing
Program)
The City will develop clear, objective,
Housing Accuntability Act-compliant design
criteria that address compatibility with
adjacent residential zones and other
factors.

In the 6th Cycle General Plan Update 2021-2029, this existing program was amended to streamline of the entitlement process.

Program 18: Housing
Development on Public
Land (Existing Program )
The City owns land that is underutilized and
can be developed to a higher and better
use that advances the community's housing
goals.

The program is implemented
on an annual basis.

The City will publish a Notice of Avaliability of three (3) identified Housing Element Sites and follow the approriate procedure in the Surplus Land Act for development into housing or mixed-use development.

Program 19: First- Time
Homebuyers Initiative
(Existing Program)
The City will explore ways to educate and
incentivize renters and landlords to pursue
homeownership by partnering with other
agencies such as the County of Los
Angeles Community Development
Authority, Neighborhood Housing Services
of Los Angeles County, and the City
program who can develop and maintain
qualify affordable housing, preserve
affordable homeownership opportunites,
and provide education and preparation for
potential first- time home buyers.

In the 6th Cycle Housing
Element 2021-2029, this
existing program was
amended and adopted by
City Council in 02/09/2022.

The program will be
reviewed on an annual basis.

In the 6th Cycle General Plan Update 2021-2029, this existing program was amended to include exploring ways to support long-term affordability projects.

Page 315 ends

Program 20: Local
Preferences Program
(Existing Program)
The City will explore opportunities to help
local residents pursue rental and/or for-
purchase city asssited affordable housing,
including the option for renters to purchase
city assisted affordable housing, including
the option for renters to purchasetheir
rentals that are being sold to the open
market.

In the 6th Cycle General Plan Update 2021-2029, this existing program was amended to include exploration of ways to support long-term affordability projects.

Program 21: Support for
Unsubsidized Housing
(Existing Program)
The City of Bell will explore property owner
interest and may explore offering property
tax exemptions and other financial
incentives. The City to also explore
enacting a "no net loss" ordinance which
would offer protections, including right of
return, to any multifamily housing which is
demolished.

In the 6th Cycle General Plan Update 2021-2029, this existing program was amended to include development of additional incentives.

Program 22: Cheli Specific
Plan ( New Program)
The City will prepare a Specific Plan and
Program Environmental Impact Report for
the Cheli district. The Specific Plan will
establish unique development standards for
new housing in the area and provide
program-level environmental clearance for
housing project to be built, streamlining
housing development and increasing
competitiveness for affordable housing
financing applications.

In the 6th Cycle General
Plan Update 2021-2029, this
new program was created
and scheduled for adoption
by City Council in
02/09/2022. Following the
adoption, the program will be
reviewed on an annual basis.

In the 6th Cycle General Plan Update 2021-2029, this new program was created to provide for housing in the Cheli area.

Page 316 ends

Program 23: Atlantic
Avenue Specific Plan
(New Program)
The City will develop the Atlantic Corridor
which will define appropriate areas,
standards, and densities for new housing
along the corridor which will be permitted by-
right, at the same time balancing against
the need for the City to preserve important
commercial uses.

In the 6th Cycle Housing
Element 2021-2029, this
existing program was
amended and adopted by
City Council in 02/09/2022.

The program will be
reviewed on an annual basis.

In the 6th Cycle General Plan Update 2021-2029, this new program was created to provide for housing in the Atlantic Area.

Program 24: Tenants’
Rights Program (Existing
Program)
BCHA will actively inform and connect
tenants to Stay Housed L.A., which is a
partnership between the County, City of Los
Angeles, local community service providers.

The program is implemented
on an annual basis.

The City will will promote the Stay House L.A partnership through the City's website and with flyers about the partnership that will be made avaliable to residents at the planning counter.

Program 25: BCHA
Strategic Plan (New
Program)
The City to evaluate the strategic benefits
of alternate arrangements, which can
include selling real estate holdings,
transferring properties to community land
trusts, using third-party entities to assist the
property management, or co-operative
housing arrangements.

In the 6th Cycle Housing
Element 2021-2029, this
existing program was
amended and adopted by
City Council in 02/09/2022.

The program will be
reviewed on an annual basis.

In the 6th Cycle General Plan Update 2021-2029, this new program was created to evaluate the strategic benefits of alternate arrangements, which can include selling real estate holdings, transferring properties to community land trusts, using third-party entities to assist with property management, or co-operative housing arrangements.

Program 26: Local
Housing Trust Fund (New
Program)
The City of Bell will explore opportunities to
create a local housing trust fund or other
locally generated funds available to support
the housing programs outlined in this
Housing Element.

In the 6th Cycle Housing
Element 2021-2029, this
existing program was
amended and adopted by
City Council in 02/09/2022.

The program will be
reviewed on an annual basis.

In the 6th Cycle General Plan Update 2021-2029, this new program was created to explore opportunities to create a local housing trust fund or other locally generated funds available to support the housing programs outlined in this Housing Element.

Page 317 ends

General Comments

Page 318 ends

Jurisdiction Bell ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020

Page 319 ends

Jurisdiction Bell ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202) Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government Code
Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020

Page 320 ends

Jurisdiction Bell
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 10/15/2013 - 10/15/2021 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

Page 321 ends

Jurisdiction Bell
Note: "+" indicates
an optional field
Reporting Period 2021
(Jan. 1 -
Dec. 31)
Cells in grey contain
auto-calculation
formulas
Designation Size Notes
12 3 4 5 6 7
APN Street Address/Intersection Existing
Use
Number of
Units
Surplus
Designation
Parcel Size
(in acres) Notes
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
For Los Angeles County jurisdictions, please format the APN's as follows:9999-999-999

Page 322 ends

Jurisdiction Bell
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 3
0 3
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 0 0
2 to 4 0 0 0
5+ 0 0 0
ADU 0 3 0
MH 0 0 0
Total 0 3 0
44 57
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate

Page 323 ends

Jurisdiction Bell
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto‐populated based on amounts entered in rows 15‐26.

Task $ Amount Awarded $ Cumulative
Reimbursement
Other
Funding Notes
Cheli Specific Plan $75,000.00 $0.00
Local
General
Fund
On January, 26, 2022,
the City of Bell City
Council selected the
consultant the Arroyo
Group (TAG) to create
two Sepcific Plans in
the city along the
Atlantic Corridor and
the Cheli area.

Atlantic Corridor Specific Plan $75,000.00 $0.00
Local
General
Fund
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. 150,000.00$
Task Status
In Progress
In Progress

Page 324 ends

Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 3
0 3
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low

Page 325 ends

Deed Restricted 0
Non-Deed Restricted 0
0 0Total Units
Moderate
Above Moderate

Page 326 ends

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MINUTES OF THE REGULAR JOINT MEETING OF THE

Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority

April 27, 2022

5:00 P.M. Closed Session
7:00 P.M. Regular Meeting

Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201

Mayor Romero called the closed session meeting to order at 6:08 p.m.

Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Gallardo, Saleh, Quintana and Romero

The following Councilmembers were present: Arroyo, Gallardo, Vice-Mayor Quintana and Mayor Romero (4)

Absent: Councilmember Saleh* (1)

*Councilmember Saleh arrived at 6:08 p.m.

Also present were the following staff members: City Manager Michael L. Antwine II , City Attorney Dave Aleshire, and Community Development Director Manuel Acosta.

Communications from the Public on Closed Session Items

This is the time for members of the public to address the City Council and related Authorities and Agencies only on items that are listed under Closed Session.

Seeing no speakers, Mayor Romero closed the public comment period.

The City Council and the related Authorities and Agencies recessed to closed session at 6:07 p.m. to confer with legal counsel regarding the following matters:

a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)

MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER

PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in- person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor call s you to approach the podium. Please clearly state your name and address and proceed to make your comments .

You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, April 27, 2022. Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).

The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101

AGENDA ITEM 11

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Property: 5390 Rickenbacker Road, Bell CA 90201
Agency negotiators: Carlos Islas (Acting City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
Under negotiation: Price and Terms of Payment

Mayor Romero reconvened the Regular City Council Meeting at 7:07 p.m.

Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Gallardo, Saleh, Quintana and Romero

The following Councilmembers were present: Arroyo, Gallardo, Saleh, Quintana and Mayor Romero (5)

Also present were the following staff members: City Manager Michael L. Antwine II, City Attorney Dave Aleshire; Chief of Police Carlos Islas ; Community Development Director Manuel Acosta; Contract Planner Paula Kelly; Public Works Manager Gabino Luna; City Engineer Bill Pagett; Assistant City Engineer Rey Alfonso; Interim Finance Director Elisa Gratil; Contracts and Facilities Manager Javier Ochiqui; Human Resources and Risk Manager Sergio Ibarra; Community Services Director Allan Perdomo, and City Clerk Angela Bustamante.

Pledge of Allegiance was led by City Manager Michael L. Antwine II.

City Attorney Report

City Attorney Dave Aleshire reported out the following from closed session: Item a) a status report was given, no action was taken.

City Manager Michael L. Antwine II requested to add an item to the business session of the agenda, concerning Assembly Bill 481.

It was moved by Councilmember Saleh to add the item to the agenda as item 6A. Motion was seconded by Councilmember Gallardo which carried with the following roll call vote:

Roll Call: 5-0-0-0
AYES: Councilmembers Arroyo, Gallardo, Saleh, Vice-Mayor Quintana and Mayor Romero NOES: None
ABSTAIN: None
ABSENT: None

Motion Passed.

Presentations and Recognitions

Proclamation declaring April 2022 as DMV/Donate Life Month was presented by Mayor Romero.

Proclamation declaring April 2022 as Sexual Assault Awareness Month and honoring Denim Day on April 27, 2022 to encourage everyone to stand in solidarity with survivors of sexual violence was presented by Mayor Romero.

Proclamation declaring May 2022 as Older Americans Month was presented by Community Services Director Allan Perdomo.

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Communications from the Public

The public was given the opportunity to provide public comment by attending the meeting or by submitting an email . The following members of the public addressed the City Council, Bell Community Housing Authority and the Successor Agency to the Bell Community Redevelopment Agenda on agenda and non-agenda items: Antonio Robles; Jessica Rodriguez; Alejandro Rodriguez; Francisco Ponce; Miriam Arista; Yulio Grande; Merli Albizures; Betsy Alsivar; Maria Elena Navarro; and Edwin Gonzalez (via email)

Mayor and City Council Communications

Pursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.

Councilmember Arroyo made a comment.

Councilmember Gallardo made a comment.

Councilmember Saleh made a comment.

Mayor Romero made a comment.

Vice-Mayor Quintana left the meeting at 8:10 p.m.

Councilmember Saleh stepped away from the dais at 8:10 p.m. and returned at 8:28 p.m.

City Manager Report

In this portion of the agenda, the City Manager will provide a brief report on items of interest to the City Council and/or the community.

City Manager Michael L. Antwine II introduced himself and made a brief comment.

Public Hearing(s)

The following item has been posted as a Public Hearing as required by law. The Mayor will open the Public Hearing(s) to receive public testimony only on the item(s) listed under this section.

1. Consideration of Approval of the Environmental Justice Element, the update of the Health & Safety Element and Adoption of an Addendum to the City’s 2030 General Plan Update Final Environmental Impact Report (EIR)

Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2022-29 titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL ADOPTING THE ENVIRONMENTAL JUSTICE ELEMENT

AND THE HEALTH AND SAFETY ELEMENT OF T HE

GENERAL PLAN AND ADOPT THE ADDENDUM TO THE

FINAL ENVIRONMENTAL IMPACT REPORT (EIR) ADOPTED
WITH THE CITY’S 2030 GENERAL PLAN

Community Development Director Manuel Acosta introduced the item.

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The Arroyo Group representatives, Jessica Flores and Moises Gomez, provided a PowerPoint presentation on the item.

A brief discussion ensued amongst the Council and Ms. Flores and Mr. Moises.

Mayor Romero opened the public hearing and asked if anyone from the public wanted to speak on item no. 1.

1. Yulio Giron Grande made a comment.

Seeing no further speakers, Mayor Romero closed the public hearing.

City Attorney Dave Aleshire read the title of the resolution.

It was moved by Councilmember Arroyo to approve agenda item no. 1, as recommended.

Motion was seconded by Councilmember Gallardo which carried with the following roll call vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Arroyo, Gallardo, Saleh, and Mayor Romero NOES: None
ABSTAIN: None
ABSENT: Vice-Mayor Quintana

Motion Passed.

Business Session

2. Consideration to Approve the 95th Celebration Logo. (City Council)

Recommendation: It is recommended that the City Council select one design as the 95 th
celebration logo and approve the use of the 95 th logo on promotional materials in 2022 to commemorate the City of Bell’s 95th anniversary.

Community Services Director Allan Perdomo provided a brief report on the item.

A discussion ensued amongst the Council.

It was moved by Councilmember Gallardo to adopt logo option no. 4. Motion was seconded by Councilmember Arroyo which carried with the following roll call vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Arroyo, Gallardo, Saleh, and Mayor Romero NOES: None
ABSTAIN: None
ABSENT: Vice-Mayor Quintana

Motion Passed.

3. Consideration to Approve a New Agreement with Transtech Engineers, Inc., for Building and Safety Services for three (3) years, with two (2) one-year extensions, with no changes to the rates. (City Council)

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Recommendation: It is recommended that the City Council discuss and choose one of the following options regarding a new Agreement with Transtech Engineers, Inc., for Building and Safety Services:

1. Approve a New Agreement with Transtech Engineers, Inc., for Building and Safety Services for three (3) years, with two (2) one -year extensions, with no changes to the rates; or

2. Approve a New Agreement with Transtech Engineers, Inc., for Building and Safety Services for one year, and initiate an RFP process for Building and Safety Services; or

3. Initiate an RFP process for Building and Safety Services; or

4. Consider other unspecified options for Building and Safety Services.

Contract and Facilities Manager Javier Ochiqui provided a report on the item.

A discussion ensued amongst the Council and staff.

Council agreed to continue the item to the May 11, 2022 regular Council meeting and requested for staff to bring back an analysis including the rates surrounding cities currently have in place.

4. Consideration of providing a one- time lump sum retention incentive payment to specified Department Head (Administrative Management) and Mid- Management classifications. (City Council)

Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2022-26 titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL TO PROVIDE A ONE -TIME LUMP SUM RETENTION

INCENTIVE PAYMENT FOR DEPARTMENT HEADS
(ADMINISTRATIVE MANAGEMENT) AND MID -MANAGEMENT

POSITIONS AS SPECIFIED

Item was continued to the May 11, 2022 regular City Council meeting.

5. Approve a New Agreement with Municipal Translation Company (Hilda Estrada) for Translation and Interpretation Services for three (3) years, with two (2) one- year extensions. (City Council)

Recommendation: It is recommended that the City Council approve a New Agreement in the amount of $55,000 per year with Municipal Translation Company for Translation and Interpretation Services for three (3) years, with two (2) one-year extensions.

Contract and Facilities Manager Javier Ochiqui provided a report on the item.

A discussion ensued amongst the Council and staff.

It was moved by Councilmember Saleh to approve agenda item no. 5, as recommended. Motion was seconded by Councilmember Gallardo which carried with the following roll call vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Arroyo, Gallardo, Saleh, and Mayor Romero NOES: None

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ABSTAIN: None
ABSENT: Vice-Mayor Quintana

Motion Passed.

6. Consideration to Authorize the Purchase of Equipment for the Upfitting of Four (4) Police Vehicles. (City Council)

Recommendation: It is recommended that the City Council:

1. Authorize the City Manager or his designee to award and enter into a contract agreement with Commline Inc. for the procurement and installation of equipment for four (4) Police Vehicles in the amount of $ 81,794.20; and

2. Authorize the City Manager or his designee to award Motorola Solutions and procure APX series radios in the amount of $ 37,506.20.

Public Works Manager Gabino Luna provided a report on the item.

A discussion ensued amongst the Council and staff.

It was moved by Councilmember Saleh to approve agenda item no. 6, as recommended. Motion was seconded by Councilmember Gallardo which carried with the following roll call vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Arroyo, Gallardo, Saleh, and Mayor Romero NOES: None
ABSTAIN: None
ABSENT: Vice-Mayor Quintana

Motion Passed.

ITEM ADDED TO THE AGENDA – 6A. Consideration to develop a plan to adopt a military equipment impact statement, and a military equipment use policy with 180- days to comply with Assembly Bill 481 (AB 481) regulating Law Enforcement agencies use of military equipment and/or seeking funding for acquisition of military equipment for use by a law enforcement agency.

Chief of Police Carlos Islas provided a report on the item.

A brief discussion ensued amongst the Council and staff.

It was moved by Councilmember Saleh to approve agenda item no. 6, as recommended. Motion was seconded by Councilmember Gallardo which carried with the following roll call vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Arroyo, Gallardo, Saleh, and Mayor Romero NOES: None
ABSTAIN: None
ABSENT: Vice-Mayor Quintana

Motion Passed.

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Consent Calendar

The following Consent Calendar items are expected to be routine and non- controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.

Recommendation: Approve agenda items 7 through 10.

It was moved by Councilmember Gallardo to approve agenda items 7 through 10. Motion was seconded by Councilmember Arroyo which carried with the following roll call vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Arroyo, Gallardo, Saleh, and Mayor Romero NOES: None
ABSTAIN: None
ABSENT: Vice-Mayor Quintana

Motion Passed.

7. Receive and File the Donation Report for the month of March 2022. (City Council)

8. It is recommended that the City Council read by title only, waive further reading and adopt Resolution No. 2022-28 titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL ACCEPTING THE ERNEST DEBS PARK FITNESS GYM

REHABILITATION PROJECT AS COMPLETE AND

AUTHORIZING STAFF TO PREPARE AND FILE THE NOTICE

OF COMPLETION WITH THE LOS ANGELES COUNTY

REGISTRAR - RECORDER OFFICE

9. City of Bell and Bell Successor Agency Investment Reports as of March, 2022. (City Council/Successor Agency to the Bell Community Redevelopment Agency)

10. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants dated April 27, 2022. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).

Pending Items – None

Mayor Romero adjourned the meeting at 9:10 p.m. in memory of South Gate Police Detective Alexis Gonzalez.

I, Angela Bustamante, City Clerk of the City of Bell, certify that the foregoing minutes were approved by the City Council of the City of Bell at a regular meeting held on May 11, 2022.

________________________________
Angela Bustamante
City Clerk

Alicia Romero, Mayor

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Bell City CouncilMay 11, 2022

Bell City Council
May 11, 2022