CI TY OF BELL GARDENS
C IT Y C O UNC IL / S UC C E S S O R AG E NC Y T O T HE C O M M UNIT Y
D E V E L O P M E NT C O M M I S S I O N
J O I NT M E E T ING
M O ND AY, M ARC H 13, 2023, 6:00 P M
AG E ND A
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 T he meeting will be held at B ell Gardens City Hall in the Council Chambers. T he public may attend the meeting in-person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .
AC C E S S IB I L IT Y: I f requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by S ection 202 of the A mericans with D isabilities A ct of 1990 (42 U.S .C . S ec. 12132), and the f ederal rules and regulations adopted in implementation thereof . Any person who requires a disability-related modif ication or accommodation, in order to observe and/or of f er public comment may request such reasonable modification, accommodation, aid, or service by contacting the City C lerk's of f ice by telephone at 562-806-7704 or via email to CityC [email protected] no later than 72-hours bef ore the scheduled meeting.
P UB L IC PART I C IPAT IO N: T he members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the C ity Council / S uccessor Agency. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments for non- agenda items will be limited to a total of 30 minutes. P ublic comments can be made by any of the following ways:
I N-P E RS O N: Members of the public can provide in-person comments at the podium in the Council C hamber. P ublic comments are limited to three (3) minutes f or each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City C ouncil / Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for C losed Session items and by 6:00 p.m. f or all other designated public comment periods as listed.
B Y T E L E P HO NE: P hone Number: (669)900-9128 Webinar I D : 813 3236 4343# Passcode: 2021# To address the C ity C ouncil press *9 to raise your hand then *6 to unmute yourself when instructed.
V IRT UAL LY L I V E : Members of the public may participate via Z oom by https://zoom.us/join and entering the Z oom Meeting I D: 813 3236 4343 Passcode: 2021
C omments may also be made via the Z oom app by using the "R aise Hand" feature when it is your turn to speak the host will unmute you. C omments will not be accepted in the QandA Chat f unction of the zoom app.
WRIT T E N C O M M E NT S: Public comments may be emailed to Public [email protected] or mailed to: City Clerk's Of f ice, 7100 Garf ield Ave., B ell Gardens, C A 90201. To ensure distribution to the members of the City Council / A gency Members prior to consideration of the agenda, please submit 1 comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments received after, will be distributed to the members of the C ity C ouncil / S uccessor A gency and will be part of the official public record of this meeting.
F or more information, you may contact the C ity Clerk's of f ice during regular business hours 7:30 a.m. to 6:00 p.m., Monday through T hursday at (562) 806-7704.
C AL L T O O RD E R
INV O C AT I O N
P L E D G E O F AL L E G IANC E
RO L L C AL L O F C I T Y C O UNC IL M E M B E RS / S UC C E S S O R AG E NC Y T O T HE C O M M UNI T Y
D E V E L O P M E NT C O M M IS S IO N M E M B E RS
Marco B arcena, C ouncil Member / Agency Member
J orgel C havez, C ouncil Member / Agency Member
Maria Pulido, C ouncil Member / Agency Member
F rancis De L eon S anchez, Mayor Pro Tem / Vice C hair A lejandra C ortez, Mayor / C hair
P RE S E NTAT IO NS
•G AT E WAY C IT IE S C O UNC I L O F G O V E RNM E NT S E NE RG Y AC T I O N AWARD •AUT IS M AWARE NE S S & AC C E P TANC E M O NT H
•NAT IO NAL D O NAT E F O R L IF E M O NT H
P UB L IC HE ARING (Item No. 1)
1.C O NS ID E RAT I O N O F O RD I NANC E NO. 931, ART IN P UB L I C P L AC E S A rt in P ublic P laces Ordinance No. 931 is proposed to establish a public art program by requiring new development to create art as part of their development or pay an in-lieu fee for the creation of art in public places.
Recommendation:
I t is staff's recommendation that the C ity C ouncil:
1. F ind the proposed ordinance exempt from the California Environmental Quality A ct (C E Q A ) f or the reasons stated in this report.
2. Waive full reading and introduce Ordinance No. 931 by title only, amending Title 9 of the Bell Gardens Municipal C ode (B G MC) to add Chapter 9.71, “A rt in Public Places.”
P UB L IC C O M M E NT S O N NO N-AG E ND A I T E M S UND E R T HE S UB J E C T M AT T E R
J URIS D I C T IO N O F T HE C I T Y C O UNC I L / S UC C E S S O R AG E NC Y D uring this time, the members of the public may address the C ity Council / Successor A gency regarding any items within the subject matter jurisdiction of the City Council / S uccessor A gency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items.
Government C ode S ection 54590 prohibits the City Council / S uccessor A gency from taking action or engaging in discussion on a specific item unless it appears on the agenda. 2 P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY D uring this time, the members of the public may address the City Council / A gency Members regarding any items listed on the agenda. P ublic comments are limited to 3 minutes per person.
C I T Y M ANAG E R'S RE P O RT
C O NS E NT C AL E ND AR (Item Nos. 2 - 12)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.
I tems called f or separate discussion will be heard as the next order of business.
2.G E NE RAL M O T I O N T O WAIV E F UL L RE AD I NG AND AP P RO V E O RD INANC E S B Y T I T L E O NLY P URS UANT T O C AL I F O RNIA G O V E RNM E NT C O D E S E C T I O N 36934 I n order to expedite the conduct of business at City C ouncil meetings, California S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the f ull reading.
Recommendation:
I t is staff's recommendation that the C ity C ouncil approve a general motion to waive f ull reading and approve Ordinances by title only pursuant to C alif ornia Government Code Section 36934.
3.AP P RO VAL M I NUT E S O F F E B RUARY 27, 2023 C L O S E D S E S S IO N AND C I T Y /
S UC C E S S O R AG E NC Y J O INT M E E T I NG
A pprove the minutes of the F ebruary 27, 2023 Closed S ession and City/S uccessor A gency J oint Meetings.
Recommendation:
I t is staf f 's recommendation that the C ity Council approve the minutes of the February 27, 2023 Closed Session and City/S uccessor A gency J oint Meetings.
4.WARRANT RE G I S T E R S UC C E S S O R AG E NC Y
I n approving the action of receiving and f iling the warrant registers, the official minutes of the S uccessor A gency should state that each individual member of the S uccessor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benef its the same named Successor Agency Member. E ach S uccessor A gency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor A gency Member, but with that exception is voting in favor of receiving and f iling all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
I t is staff's recommended that the Successor Agency Members receive and f ile the warrant register dated 02/14/23.
5.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, 3 inf luencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, inf luencing or voting on any such warrant bearing their name or which benef its the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 02/09/23, 02/14/23 and 02/21/23.
6.C L AI M RE J E C T I O N
A claim was filed with the City by A iden L opez. S taff directed the claims to the City's general liability claims administrator C arl Warren & Company for processing, review, and investigation.
F ollowing the investigation, Carl Warren & Company and City staff determined that the City is not liable for the claims.
Recommendation:
I t is staff's recommendation that the City C ouncil reject the f ollowing claims and the claimants and/or their representatives be notified:
A iden L opez v. City of B ell Gardens (D O E 11/2/2021; D O R 1/26/2022)
T he City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. T he claimants, subject to certain exceptions, shall have up to six (6) months to f ile a court action subsequent to the C ity C ouncil's rejection.
7.C L AI M RE J E C T I O N
A claim was f iled with the City by Zusser C ompany, I nc. S taf f directed the claims to the C ity A ttorney for processing, review, and investigation. F ollowing the investigation, the C ity Attorney's Of f ice determined that the C ity is not liable f or the claims.
Recommendation:
I t is staff's recommendation that the C ity Council reject the following claim and the claimant and/or their representatives be notified:
Z usser C ompany, I nc. v. C ity of Bell Gardens (D O R 1/26/2023)
T he C ity A ttorney's of f ice recommends that this claim be rejected. T he claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the C ity Council's rejection.
8.C O NS ID E RAT I O N AND AP P RO VAL O F A RE S O L UT I O N AP P RO V ING AN AM E ND M E NT
T O T HE G RO S S RE V E NUE L IC E NS E F E E IM P O S E D O N PARK WE S T B IC Y C L E
C AS INO
B eginning as of August 2022, P arkwest B icycle Casino has invested post tax revenue to incentivize additional gaming by implementing B onus C hip P romotion and Player R eward P oints (“I ncentives Program”). T he I ncentives P rogram has been mutually beneficial to the C ity and 4 P arkwest Bicycle Casino because it has increased gross revenues f rom gaming operations, which has the effect of increasing license f ee revenues f or the C ity. T he City and Parkwest Bicycle Casino desire to amend the gross revenue license fee prescribed in BG M C Section 5.25.120.A for a limited time period by reducing from monthly gross revenues the post-tax amount invested by Parkwest Bicycle Casino in the Incentives Program.
Recommendation:
I t is staff's recommendation that the City C ouncil adopt the attached Resolution approving an amendment to the gross revenue license fee imposed on P arkwest Bicycle C asino f or the period commencing August 1, 2022, and ending D ecember 31, 2023.
9.C O NS ID E RAT I O N O F P RO F E S S I O NAL S E RV IC E S AG RE E M E NT B E T WE E N RE V E NUE & C O S T S P E C IAL I S T S , L L C AND T HE C I T Y F O R T HE P RE PARAT IO N O F A RE NT
S TAB IL I ZAT I O N AND T E NANT E V IC T I O N P RO T E C T I O NS (RS T E P) P RO G RAM
C O M P RE HE NS IV E F E E S T UD Y
Comprehensive F ee S tudy to determine the full cost of administering and enforcing the City's R ent S tabilization and E viction P rotections Ordinance.
Recommendation:
I t is staf f ’s recommendation that the City Council adopt the attached resolution approving a P rofessional S ervices A greement (“P S A”) with R evenue & Cost S pecialists, L L C (“R C S ”), f or the preparation of a comprehensive fee study associated with the City's Rent Stabilization and Tenant E viction P rotections Ordinance.
10.A RE S O L UT IO N O F T HE C I T Y C O UNC I L O F T HE C IT Y O F B E L L G ARD E NS, C AL I F O RNIA, AP P RO V I NG AND C O NS E NT ING T O T HE S UB M IS S IO N O F T HE 2022 G E NE RAL P L AN ANNUAL P RO G RE S S RE P O RT (“AP R”) T O T HE S TAT E O F
C AL I F O RNIA
S ubmission of the 2022 Bell G ardens General P lan Annual Progress Report (A P R ) to the S tate of California. The A P R surveys the status of the General Plan and the progress that B ell Gardens has made in the implementation of goals, policies and programs and to identify statewide trends in land use decision-making and how local planning and development activities relate to statewide planning goals and policies.
Recommendation:
I t is staff’s recommendation that the C ity C ouncil:
1. Receive and f ile this report; and
2. A dopt the attached resolution approving and consenting to the submission of the 2022 Bell Gardens General P lan A nnual Progress R eport to the State of C alif ornia.
11.T HI RD AM E ND M E NT T O P RO F E S S IO NAL S E RV I C E S AG RE E M E NT WIT H HF &H
C O NS ULTANT S L L C AM E ND ING C O M P E NS AT IO N HF &H has been providing solid waste consulting services to the C ity since 2012, in order to meet the regulatory requirements of A ssembly Bill 939, requiring the reduction of the C ity’s solid waste stream by fifty percent (50%) by the year 2000; and Senate Bill S B1383, requiring all generators of organics (f ood waste, f ood soiled paper, green waste, etc.) to have an organics diversion program as of J anuary 1, 2022. On May 8, 2017, the City awarded HF&H an agreement for a term of 3 years for a not to exceed amount of $50,000. City Council then approved the first amendment to the contract for the additional fee of $75,000 for the additional scope of work under S B1383. On February 28, 2022, 5 a second amendment was approved to extend the term through May 2024 and approve a new not to exceed amount of $192,850. H F&H has continued to provide the technical expertise and capacity to be able to fulfill CalRecycle requirements as well as all the technical support to the haulers. T he requirements and process is new to the haulers and the City so it is critical for H F&H to continue their coordination and support to ensure timelines and requirements are followed; otherwise, the City may be subject to penalties by CalRecycle. T herefore, it is recommended that the City Council by motion adopt the attached Resolution and approve the T hird Amendment to the Agreement with HF&H Consultants L L C amending the compensation from $192,850 to $222,018. Recommendation:
I t is staff's recommendation that the C ity C ouncil by motion:
1. A dopt the attached R esolution; and
2. A pprove a T hird Amendment to the P rofessional S ervices Agreement with HF &H Consultants L L C (HF &H) amending the compensation.
12.L IC E NS E AG RE E M E NT S WIT H S O UT HE RN C AL IF O RNI A E D IS O N T he C ity of B ell Gardens L icense A greement with Southern California E dison C ompany for the A B C F ield and various sites will expire as of A pril 30, 2023. S taff requests approval of another two f ive-year license agreements with S outhern C alif ornia E dison f or the A B C field and various sites f or beautification and signage.
Recommendation:
I t is staff recommendation that the C ity C ouncil by motion:
1. A dopt the attached R esolution; and
2. A pprove two agreements with Southern California Edison, in an amount not to exceed $71,000.
D I S C US S IO N (Item Nos. 13-16)
13.C IV IC C E NT E R T URF RE NO VAT IO N P RO J E C T P ublic Works staff have been working with Central Basin Municipal Water District (C entral B asin) to secure f unding that will replace the existing turf around the C ivic C enter area, which includes the City Hall/P olice D epartment; L ibrary; and Resource C enter. Watering of turf in non-recreational site areas surrounding parking lots/buildings is not allowed through J une 2023 and f or that reason the water to the turf has been turned off. T he estimated cost for the conversion of the three sites is $1 3 4 ,0 0 0 . If the City wishes to pursue the conversion of turf, the City can apply to the Central Basin/Metropolitan Water District rebate program to receive the anticipated funding of $134,000 for the project implementation. It is staff's recommendation that the City Council by motion, provide feedback on the renderings for the proposed planting design and direct staff to proceed with the project.
Recommendation:
I t is staff's recommendation that the C ity C ouncil by motion:
1. P rovide feedback on the renderings for the proposed planting palette and design; and
2. Direct staff to proceed with the turf conversion project.
14.C O NS ID E RAT I O N O F O RD I NANC E NO. 932 AM E ND ING C HAP T E R 5.56 (S I D E WAL K
V E ND ING) O F T HE B E L L G ARD E NS M UNI C IPAL C O D E Consideration of Ordinance No. 932 amending C hapter 5.56, S idewalk Vending, of the Bell 6 Gardens Municipal C ode to account f or consistencies with S tate S enate B ill 946 ("S B 946").
Recommendation:
I t is staf f 's recommendation that the City Council adopt Ordinance No. 932 amending Chapter 5.56 of the B ell Gardens Municipal Code pertaining to sidewalk vending to remove language inconsistent with S B 946.
15.A RE S O L UT IO N O F T HE C IT Y C O UNC IL O F T HE C IT Y O F B E L L G ARD E NS
AUT HO RI ZI NG M E M B E RS HI P IN T HE G AT E WAY C IT IE S AF F O RD AB L E HO US I NG
T RUS T
Consideration of membership in the Gateway C ities Affordable Housing Trust ("Trust"), a J oint P owers A uthority ("J PA ") formed among the cities within the Gateway Cities region. T he Trust provides f unding to preserve and produce affordable housing.
Recommendation:
I t is staff’s recommendation that the C ity C ouncil:
1. A pprove a J oint E xercise of P owers A greement f or membership in the Gateway C ities A f f ordable Housing Trust; and
2. A dopt the attached resolution authorizing the City Manager to execute the Gateway C ities A f f ordable Housing Trust J PA A greement.
16.F Y 2022-2023 M I D-Y E AR B UD G E T RE V IE W
Mid-Year review of the City's F Y2022-23 Operating Budget.
Recommendation:
I t is staff recommendation that the C ity C ouncil:
1. Receive, discuss, and f ile the fiscal year 2022-2023 mid-year budget report.
2. A pprove the f ollowing additional appropriations for fiscal year 2022-2023. General F und (110) $1.96 Million (excluding vacancy savings); O T S F und (116) $13,700; Public Safety A ugmentation F und (151) $11,916; C O P S' Hiring Grant (155) $136,260; Gas Tax F und (210) $135,759; P D Grants Reimbursement F und (831) $100,000.
C I T Y C O UNC I L / S UC C E S S O R AG E NC Y M E M B E R C O M M E NT S
AD J O URNM E NT
D aisy Gomez, C ity C lerk
Agenda Posted on March 9, 2023.
7 CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem •
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:
S UB J E C T:G AT E WAY C IT IE S C O UNC I L O F G O V E RNM E NT S E NE RG Y AC T I O N AWARD D AT E:March 13, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant Attorney Manuel Carrillo, Director of F inance and Administrative Services 8 CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 1.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:Gustavo R omo, Community D evelopment Director
S UB J E C T:C O NS I D E RAT IO N O F O RD INANC E NO. 931, ART I N P UB L IC P L AC E S D AT E:March 13, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council:
1. F ind the proposed ordinance exempt f rom the C alif ornia E nvironmental Quality A ct (C E Q A ) for the reasons stated in this report.
2. Waive f ull reading and introduce Ordinance No. 931 by title only, amending Title 9 of the B ell Gardens Municipal C ode (B G MC) to add Chapter 9.71, “A rt in Public Places.”
B AC K G RO UND/D IS C US S I O N:
D uring the O ctober 24, 2022, City Council meeting, staff was requested to look into establishing a program for the creation of art in public places since it was determined that it should not be adopted as part of the C ity's development impact f ees. Staff indicated it would look into a separate ordinance for a public art program, which would be aimed at expanding the City’s artistic and cultural resources and enhance the built environment and quality of lif e as new development occurs.
As staff reviewed the various methods to bring art into public places, it was determined that the A rt in P ublic P laces (A I P P ) Ordinance would be suitable as a stand-alone ordinance amending Title 9 Z oning and P lanning Regulations of the B G MC to add a new chapter f or art in public places.
T he ordinance would f urther the goals and objectives of and be consistent with the B ell Gardens General P lan to ensure the needs of the residents are met by expanding the opportunities f or residents and visitors to experience artistic, historic, and cultural aspects of the City through the placement of artwork associated with new and revitalization development.
T he neighboring cities that currently have public art programs are Alhambra, B ellflower, Commerce, E l Monte, D owney, South Gate, and W hittier.
T he P lanning C ommission adopted Resolution #P C 2023-01 (E xhibit 2) af ter closing the public hearing of the duly noticed F ebruary 15, 2023, Planning Commission Meeting. S taff gave a brief presentation recommending approval of the proposed ordinance (Exhibit 1) with one of two community participation options citing promotion of the B ell Gardens General P lan policies that encourage community pride, local identity, economic vitality, and revitalization.
After Commission deliberation, a vote was held resulting in the Commission’s unanimous decision to recommend the A rt in P ublic Places Review C ommittee chair to select potential f uture members. T he resolution recommends to the City Council approval of Z oning Code A mendment No. 2023-003 by the adoption of Ordinance No. 931. 9 ANALY S I S :
Pursuant to General Plan L and Use E lement Policy No. 2, the ordinance would encourage pride in the community, increase property values, and enhance the quality of lif e through artistic opportunities that aim to unite the community through shared cultural experiences. The implementation of the ordinance would help to create a cultural legacy, community stability, and economic vitality for future generations through the collection and exhibition of high-quality art pieces ref lective of the diverse styles ref erenced in General Plan L and Use E lement P olicy No. 5.
Occasions to develop cultural and artistic resources diminish as growth and projects resulting in physical change and increased footprints occur. Chronicling history through the collection of artif acts, documents, and memorabilia would acknowledge the past, relate the present, and foster connection to the f uture.
Allocation R equirements
T he ordinance applies to new development or renovation projects. Project applicants are required to install approved artwork in conjunction with their project on the subject private property, donate artwork to the C ity, or pay an in-lieu contribution equal to a minimum percentage of the total building valuation on site. Surrounding cities that have adopted public art program ordinances have all used one percent (1%). T herefore, staff believes it is in the City’s best interest to remain consistent with the region and implement the same building valuation percentage.
All new residential development projects of five units or more, and all new commercial, industrial, and public building development projects are subject to this ordinance. However, a building/project valuation threshold would be implemented to further identify projects that would be subject to the A I P P ordinance. T he proposed levels are as follows:
1. New development with a building valuation of $500,000 or more.
Surrounding cities have adopted various building valuation thresholds ranging from $50,000 to $500,000. To ensure that f uture development would be encouraged, the A I P P ordinance valuation threshold of $500,000 would be suitable for the community because surrounding municipalities have a similar figure in place with no report of negative impact to the rate of development. T he valuation would be based on the total project building construction costs, excluding land value. T herefore, a project with a $500,000 valuation would require artwork or an in-lieu f ee equal to an amount of $5,000.
2. E xterior modifications, alterations, and additions with a project valuation of $250,000 or more.
Surrounding cities have adopted various project valuation thresholds ranging from $50,000 to $250,000. T he building valuation threshold of $250,000 would be suitable f or the community because surrounding municipalities, such as Commerce, W hittier, and Alhambra, have similar valuation amounts in place for similar projects. A remodel project with a total rehabilitation or renovation building valuation of $250,000 or less would be exempt from the requirements set f orth in the A I P P chapter.
Exempt Developments
D evelopments that involve the rehabilitation or renovation work as a result of a natural disaster, nonprofit organization facilities, development containing a minimum of twenty-five percent (25%) covenanted af f ordable housing units f or very low-, low- or lower-, or moderate-income households, senior citizen housing, projects dedicated to performing art spaces and all public work and governmental agency projects would be exempt from the requirements of this ordinance.
A I P P F und
10 T he ordinance would establish an “Art in P ublic Places F und” that would be used to hold the contributions paid through the in-lieu of artwork installation provisions of this ordinance. I n lieu of the placement of artwork, the project applicant would have the option to contribute to the art in public places f und an amount equal to one percent (1%) of the total building valuation. T he contributions deposited in the f und would be designated to carry out intent and purposes contained in the ordinance to include installation of artwork in public places, maintenance, support of performing arts, and A I P P administration.
A I P P Review Committee
An A I P P review committee (C ommittee) would be established to administer and f ulf ill the administrative duties established in the ordinance. T he C ommittee would consist of the Community D evelopment Director as chair, the D irector of P ublic Works, the Director of R ecreation and Community Services, other city of f icers, and public or private agencies, who in the opinion of the D irector of Community D evelopment, as chair of the C ommittee, who would have an interest in the public art program.
General Plan L and Use E lement Policy No. 1 puts f orth that the C ity shall always maintain open communication with the community and shall seek input f rom residents and property owners regarding the f uture of the City. T heref ore, as previously indicated, the Planning Commission agreed that the C ommunity Development Director, as C ommittee chair, should have the option to appoint interested community members to the Committee where, in the C ommunity D evelopment Director’s opinion the public’s interest is served.
Since the original draf t version of the ordinance was released in advance of the F ebruary Planning Commission meeting, additional edits were made following the P lanning Commission’s direction as shown in the attached redline version. Changes to the proposed ordinance include:
1. C ommunity Member P articipation. Providing the process on how community members would be notif ied of the opportunity to participate in the Art in P ublic P laces Review Committee review process.
T he project applicant would be responsible for noticing the community within a 500-foot radius of the project site of the opportunity to serve.
2. C ommunity Member E ligibility. P roviding the criteria and process of identif ying the eligibility of a community member.
C ommunity member appointment would be dependent upon project location and resident permanent living proximity. R esident proximity would be identified as a minimum owner or resident occupancy within the city limits and within 500 f eet of the project site.
An application process would be put in place f or community members who are interested in the participating in the Art in P ublic P laces Review Committee review process.
T he changes proposed clarify an ambiguous selection process to ensure openness, transparency, and inclusion.
Artwork Review and Approval
Approval for placing artwork on private property would be subject to the guidelines included in the ordinance regulating the type, style, location, and qualif ications of the proposed artist and artwork. The Committee would review and make decisions appealable to the P lanning Commission regarding proposed artwork on private property.
Pursuant to the guidelines in the ordinance, the Committee would recommend to the C ity C ouncil an action for the donation and/or installation of artwork on public property, performing arts, outside art projects, and purchase of real property f or public art.
11 E NV IRO NM E NTAL RE V I E W:
Proposed Z oning Code A mendment No. 2023-003 and Ordinance No. 931 are exempt from the C alif ornia Environmental Quality A ct (C E Q A ) pursuant to Section 15061(b)(3) because there is no possibility that it may have a signif icant ef f ect upon the environment; and under S ection 15378, as the Ordinance is not a project under C E Q A because it will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment because it does not authorize any specif ic activity.
C O NC L US I O N:
T he proposed ordinance was prepared based on C ouncil’s direction and helps fulfill the City’s commitment to the community to lead in the region, foster community based public participation, promote compatible development, and protect and enhance resources and the community heritage in Bell Gardens.
Staf f recommends that the C ity Council waive full reading and introduce the ordinance to authorize the implementation of the C ity’s A rt in Public Places program.
F I S C AL I M PAC T:
Adoption of the ordinance and the associated in-lieu contributions could have positive impact to the C ity. T he newly created f unding account would result in additional money being received with expenditures at Council’s discretion f or public art placed on public property and could potentially be used to support a wide range of art and cultural resources f rom commissioning and creating artwork, performing arts programming, supporting new or existing cultural facilities, and/or historic site conservation projects.
I n-lieu contributions would vary depending on developer participation. A review of eligible permitting data for the active building permits for the 2023 calendar as of the writing of this report demonstrates the one percent (1%) of all permitting revenues would total an estimate of approximately $27,384.42 (E xhibit 3) in collected contributions for the year. W hen a developer elects to contribute to the fund, the fund would be used to manage and maintain public artwork or programming.
T he ordinance would require staf f oversight and management along with other current services by the C ommunity D evelopment D epartment. Staf f from both the B uilding and S af ety and Planning Divisions would make developers aware at the onset of application submittals if projects are subject to the ordinance and issue requirements prior to final approvals of projects already being reviewed for compliance with applicable B G MC provisions. P lan check and inspection services f or proposed projects would be funded by application and permit fees.
AT TAC HM E NT S :
D escription
Exhibit 1- Ordinance No. 931
Exhibit 2- R esolution #P C 2023-01
Exhibit 3- A ctive B uilding Permit Valuation Percentage Estimate Exhibit 4- Public Hearing Notice
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant Attorney Manuel Carrillo, Director of F inance and Administrative Services 12 ORDINANCE NO. 931
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA ADDING CHAPTER 9.71 “ART IN PUBLIC
PLACES” TO TITLE 9 (ZONING AND PLANNING REGULATIONS) OF
THE BELL GARDENS MUNICIPAL CODE ESTABLISHING PUBLIC ART
REQUIREMENTS FOR CERTAIN DEVELOPMENT PROJECTS WITHIN
BELL GARDENS
WHEREAS, the City of Bell Gardens (“City”) is a general law city, incorporated under the laws of the State of California;
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws;
WHEREAS, the Bell Gardens General Plan articulates the community’s vision and is underscored by an effective Zoning Code;
WHEREAS, the proposed zoning text amendment is consistent with furthering the goals and objectives of the Bell Gardens General Plan to ensure the needs of the residents are met;
WHEREAS, Policy No. 2 of the Land Use Element of the Bell Gardens General Plan emphasizes the City’s commitments to the community to promote compatible, quality development, emphasize neighborhood identity, and increase pride in neighborhoods within the City;
WHEREAS, Policy No. 5 of the Land Use Element of the Bell Gardens General Plan records that cultural and artistic resources, including artwork and performing arts increase property values, community stability, and enhance the quality of life for individuals living in, working in, and visiting Bell Gardens;
WHEREAS, opportunity to develop these resources is diminished as growth and projects resulting in physical change and increased footprints occur;
WHEREAS, cultural and artistic resources enhance the City’s appearance, the potential economic vitality, and revitalization by encouraging diversity of distinct design within the City;
WHEREAS, the City determined that public art is a critical element of providing a culturally rich environment to residents and visitors which also enriches the community with aesthetic qualities;
WHEREAS, the purpose of an Art in Public Places (AIPP) ordinance is to ensure the incorporation of public art into the community and into development projects within the City;
13Exhibit 1
Ordinance No. 931
2 of 16
WHEREAS, the Planning Commission conducted a duly noticed public hearing on February 15, 2023, and reviewed all facts and evidence, both written and testimonial, pertaining to this Ordinance; and
WHEREAS, the City finds it necessary to amend the Bell Gardens Municipal Code (“BGMC”) to establish guidelines for the development of cultural and artistic assets, including artwork and performing arts which will enhance the quality of life in Bell Gardens.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. In adopting this Ordinance, the City Council finds and declares as follows:
i. The above recitals are true and correct and incorporated.
ii. Ordinance No. 931 serves the public health, safety, and welfare of the residents and businesses within the City by regulating the development of cultural and artistic resources, the placement of artwork and performing arts.
iii. Ordinance No. 931 is consistent with the Bell Gardens General Plan.
iv. Ordinance No. 931, amending the City of Bell Gardens Municipal Code, will not present any risk to the public health and safety.
SECTION 2. Chapter 9.71 entitled “Art in Public Places” is hereby added to Bell Gardens Municipal Code Title 9, Planning and Zoning, Division 5 Administration, as follows:
Chapter 9.71
ART IN PUBLIC PLACES
Sections:
9.71.010 Intent and purpose.
9.71.020 Definitions.
9.71.030 Development subject to provisions of chapter.
9.71.040 Exemptions.
9.71.050 Requesting exception.
9.71.060 Allocation requirement.
14Exhibit 1
Ordinance No. 931
3 of 16
9.71.070 Art in public places fund created.
9.71.080 Art in public places review committee.
9.71.090 Timing of compliance.
9.71.100 Removal of artwork.
9.71.110 Guidelines for artwork.
9.71.120 Private places artwork.
9.71.130 Donated public places artwork.
9.71.140 Public places artwork.
9.71.150 Artwork ownership and maintenance.
9.71.160 Criteria for approving architecture as artwork.
9.71.170 Procedure for approving architecture as artwork.
9.71.180 Return of contributions.
9.71.010 Intent and purpose.
The purpose of this chapter is to promote the general welfare by encouraging pride in the community, increasing property values, enhancing the quality of life through development of cultural and artistic resources. This chapter may be known and cited as the “Bell Gardens Art in Public Places Program.” The intent of the program is to create a cultural legacy for future generations through the collection and exhibition of high-quality art pieces that reflect diverse styles to unite the community through shared cultural experiences. Art in Public Places will further these goals by chronicling history by facilitating collection of artifacts, documents, and memorabilia that will acknowledge the past, relate the present and foster a connection to the future.
9.71.020 Definitions.
“Art” or “Artwork” means original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, monuments, fountains, or other pieces that will have a positive aesthetic impact and/or provide a positive perception of the City. These categories may be realized through such mediums as steel, bronze, stained glass, concrete, wood, ceramic tile, stone, and other suitable materials.
15Exhibit 1
Ordinance No. 931
4 of 16
“Developer” means any person or entity that is financially and legally responsible for the planning, development, and construction of any development or development project covered by the Art in Public Places Program, who may or may not, be the owner of the subject property.
“Development” or “Development Project” means any man-made change to improved or unimproved real property, the use of any principal structure or land, or any other activity that requires the issuance of a building permit.
“Director” shall be defined as in BGMC 9.04.040.
“Public Place” means any area on public or private property, which must be fully visible to the general public.
“Project Applicant” means the property owner, developer, or other responsible party proposing the project.
“Valuation” means the total value of the improvements approved for a development project, as indicated on the building permit application or applications submitted to the City in order to obtain a building permit or permits for the development project.
9.71.030 Development subject to provisions of chapter.
A. All new residential Development of more than five (5) units, and all commercial, industrial, and public building Development Projects, with a building valuation exceeding $500,000 shall be subject to the provisions of this chapter.
B. Including but not limited to exterior modifications, alterations and additions, all remodeling of existing residential buildings of more than five (5) units, and all remodeling of existing commercial, industrial, and public buildings, shall be subject to the provisions of this chapter when such remodeling has a valuation exceeding $250,000.
9.71.040 Exemptions.
A. The following developments or modifications, alterations, and additions to the developments are exempt from this chapter:
1. Residential, mixed use, commercial, or industrial development consisting exclusively of rehabilitation work required for seismic safety, as a result of a natural disaster, declared federal or state emergency or major disaster, or to comply with applicable building requirements, and governmental mandates, including, but not limited to, the Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended, regardless of valuation.
2. Repair intended to upgrade an existing building or structure that does not 16Exhibit 1
Ordinance No. 931
5 of 16
change the use or type of such building or structure and does not alter the size or occupancy load of the building or structure.
3. Commercial or industrial development projects owned solely by a nonprofit organization under Internal Revenue Code Section 501(c)(3), provided the premises are operated by a nonprofit organization and used exclusively in furtherance of nonprofit purposes.
4. New residential or mixed-use development containing a minimum of 25 percent (25%) covenanted affordable housing units for very low, lower, or moderate income households as defined in Health and Safety Code commencing with Section 50050.
5. All senior citizen housing projects as defined in BGMC 9.59.020, “Senior citizen housing development.”
6. Buildings and projects designed and dedicated to performing arts spaces or facilities including theaters, performance art centers, or other similar facilities as determined by the Director, or museums. This exemption does not include commercial movie theaters, private recreation facilities, or buildings or spaces dedicated to primarily administrative activities.
7. All public work and governmental agency projects.
B. These exemptions shall apply only as long as a valid building permit and the exempt use is maintained.
9.71.050 Requesting exception.
A. Requesting an Exception. When a Project Applicant seeks an exception from the requirements of this chapter, that Project Applicant shall:
1. Within thirty (30) days of being notified that a Project art in public places requirement applies, send a letter to the Director stating the reasons why the Project should not be subject to the requirements established in this chapter and that an exception is requested.
2. The Director shall, within thirty (30) days of receipt of such letter, conduct a Type 2 site plan review, as defined in BGMC section 9.58.030, for an exception request.
a. A request for an art in public places exception shall require the submittal of the exception request letter and additional information, forms, and/or documents necessary to determine compliance with provisions of this title or any conditions that the Director may require in granting approval of the request including but not limited to evidence of Project valuation.
3. The Director shall notify the Project Applicant of the action taken on the Type 2 site plan review exception request. Said notification of action taken shall be made in writing by first class mail or email by the Director or the Director’s designee.
17Exhibit 1
Ordinance No. 931
6 of 16
B. Appeal. The action of the Director on a Type 2 site plan review exception request may be appealed to the planning commission. All appeals shall be filed and reviewed per the provisions of Chapter 9.60 of BGMC, Appeals.
C. Expiration. A Type 2 site plan review exception request approval, and all rights thereunder, shall terminate and become null and void within twelve (12) months from the date of the approval by the Director or Planning Commission under appeal unless action is taken to secure building permits and maintain active building permits with the building division beginning with the submittal of plans for plan check review. The Director may consider extending the expiration date of any Type 2 site plan review exception request for a period not to exceed twelve (12) months, provided an application requesting the extension is submitted to the Director prior to the expiration date.
9.71.060 Allocation requirement.
All applicable Development identified in Section 9.71.030 of this chapter, shall be required to acquire, place, and install approved Artwork, subject to the guidelines of this chapter, concurrently with the completion of the Development/modification Project, consistent with the standards of Sections 9.71.030 & 9.71.040 of this chapter.
A. Artwork Allocation. The value of the placed and installed approved Artwork shall be equal to a minimum of one percent (1%) of the total proposed Development building valuation, in addition to any costs for the installation of the Artwork.
1. Placement and Fees. The Project Applicant shall be permitted to purchase, place, and install an approved Artwork in an amount less than the required value, provided that the Project Applicant pays an in-lieu contribution to the Art in Public Places Fund equal to the difference between the required value and the costs of acquisition and installation of such Artwork.
B. In-Lieu Contribution. In lieu of placement of approved Artwork, the Project Applicant may pay the Art in Public Places Fund an amount equal to one percent (1%) of the total proposed Development building valuation.
9.71.070 Art in public places fund created.
A. Any money collected in accordance with the in-lieu contribution provisions of this chapter shall be deposited in a separate account denominated as the “Art in Public Places Fund.” The City Manager or his/her designee shall establish accounting records sufficient to identify and control these funds.
B. Expenditure. The Art in Public Places fund shall be used to provide works of 18Exhibit 1
Ordinance No. 931
7 of 16
art in Public Places in order to further the intent and purpose of this chapter as set forth in Section 9.71.010 of this chapter. The expenditures of funds shall be limited to the following uses:
1. For the design, acquisition, commission, installation, improvement, maintenance, and insurance of Artwork. Design fees may include any fee paid to an appropriate party for the development of a design concept and preparation of construction drawings, which are separate and apart from the cost of the fabrication and installation of Artwork;
2. To sponsor or support performing arts;
3. For the acquisition and improvement of real property for the purpose of displaying Artwork, which has been or may be subsequently approved by the City;
4. During a fiscal year, for maintenance of and utility charges related to the Artwork purchased pursuant to division (B)(1), above; provided, that the total amount of expenditures made in any year from the Art in Public Places Fund for the purpose set forth in this division (B)(4), shall not exceed ten percent (10%) of the total available amount of in-lieu contributions deposited, pursuant to this chapter, during the City’s fiscal year immediately preceding the expenditure; or
5. For costs associated with administering this chapter, in an amount not to exceed fifteen percent (15%) of the allocation as set forth in section
9.71.060 of this chapter.
C. Return of in-lieu contributions shall be subject to the standards set forth in section 9.71.180 of this chapter.
D. If real property purchased with monies from the Art in Public Places Fund is subsequently sold, then the proceeds from the sale shall be returned to the Art in Public Places Fund.
9.71.080 Art in public places review committee.
Art in Public Places Review Committee. An arts committee or surrogate body shall be established by the City to administer this chapter and fulfill the duties established herein. There is hereby created an Art in Public Places Review Committee consisting of the following officers or their duly authorized representatives:
A. Community Development Director.
B. Public Works Director
C. Recreation and Community Services Director.
19Exhibit 1
Ordinance No. 931
8 of 16
D. Such other City officers, representatives of other public or private agencies, that in the opinion of the Director, have an interest in placement of private places artwork.
E. A community member who, in the opinion of the Director has an interest in placement of private places artwork.
1. Community Member Participation.
a. Not less than 30 days prior to an Art in Public Places Review Committee review of applications for placement of private places artwork, the Director shall provide notice to the Development Project Applicant for placement of private places artwork and to all persons whose names and addresses appear on the latest
available assessment roll of the county of Los Angeles as owning property within a distance of five hundred (500) feet from the exterior boundaries of the area actually to be occupied by the private places artwork and to such other persons whose property might, in the Director’s judgment, be affected by the placement of private places artwork requested.
b. Notice shall include the time, place and purpose of such meeting, the general location of the Development Project under
consideration and such other information as it deems necessary.
Notice shall be mailed by first class mail, postage prepaid. c. If the Art in Public Places Review Committee finds that the mailing of notices in this section may not give sufficient notice to said persons, then such notices shall be posted at such locations as are deemed best suited to reach the attention of and inform those persons who may be affected.
2. Community Member Eligibility. Any person who wishes to be selected as a community member participant in the Art in Public Places Review Committee shall satisfy the following requirements:
a. Person shall have at least a twenty-five percent (25%) ownership interest in the residential real property or residency within the City. b. Person shall live within five hundred (500) feet radius of the Project subject property.
c. A Person who, in the opinion of the Director, meets the proximity requirements and is interested in being selected as the community member participant, shall submit an application to the City Clerk at least fifteen (15) days prior to Art in Public Places Review Committee review.
d. A decision shall be made within fifteen (15) days and a copy of such decision shall be made available to the community member and the Project Applicant.
F. The Director shall be the chair of the Art in Public Places Review Committee. 20Exhibit 1
Ordinance No. 931
9 of 16
9.71.090 Timing of compliance.
A. If a Project Applicant elects to satisfy its obligations hereunder through the payment of an in-lieu contribution, identified in section 9.71.060(B), such payment shall be made prior to issuance of a building permit.
B. If a Project Applicant elects to satisfy its obligations hereunder through donation of an approved Artwork, or installation of an approved Artwork on private property, the Artwork shall be approved, as provided herein, prior to issuance of a building permit.
C. Installation of approved Artwork shall be completed prior to issuance of a final building permit.
D. Financial security in an amount equal to the acquisition and installation costs of any approved Artwork, in a form approved by the Director, must be posted prior to issuance of a final building permit.
E. Any approved donated Artwork must be accepted by the City Council prior to issuance of final building permit.
F. The Developer shall record a covenant and an approved Artwork maintenance agreement which provides for the length of time approved Artwork must be displayed to the satisfaction of the Director prior to issuance of a final building permit.
G. The replacement of an existing installed Artwork with a new Artwork must enter a new review and approval process prior to removal and installation of the existing Artwork.
H. In the event that any Artwork placed on the Development as a result of the provisions of this chapter is removed or destroyed, Developer shall, within one hundred eighty (180) days of the removal or destruction, replace it with Artwork which meets the requirements of this chapter and is equal to the removed/destroyed Artwork’s fair market value immediately prior to its removal or destruction.
9.71.100 Removal of artwork.
A. Request. A request for the removal of any approved Artwork shall be submitted to the Art in Public Places Review Committee in a form of a letter for review and approval. If the removal request is approved, a building demolition permit shall be pulled with the Building & Safety Division.
B. Approval. Approval of removal of Artwork will be subject to the condition of the 21Exhibit 1
Ordinance No. 931
10 of 16
Artwork and the required length of time indicated in the recorded covenant.
9.71.110 Guidelines for artwork.
Standards for the approval, siting, and installation of Artwork shall include, but are not limited to, the following criteria:
A. The Artwork shall be displayed in an area that is open and freely accessible to the public for at least ten (10) hours each day or displayed in a manner which otherwise provides public accessibility in an equivalent manner based on the characteristics of the Artwork or its placement on the site. The Type 2 site plan review shall include a site plan showing the location of the Artwork, complete with landscaping, lighting, and other appropriate accessories to complement and protect the Artwork.
B. Installation of the Artwork shall be planned and implemented to enhance the piece and allow for unobstructed viewing from as many angles as possible.
Once the Artwork has been installed the property owner shall not obstruct viewing of any or all of the pieces. Owner may temporarily obstruct the piece in order to maintain the piece during construction of the Development.
C. The Artwork shall be permanently affixed to the property.
D. The composition of the Artwork shall be of a permanent type of material in order to be durable against vandalism, theft, and weather and requiring a low level of maintenance.
E. The Artwork shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the site and surrounding environment.
F. The Artwork shall be designed and constructed by an artist(s) experienced in the production of such Artwork and recognized by critics and by the artist’s peers as one who produces works of art.
G. The artist's qualifications will be reviewed by the Art in Public Places Review Committee. There must be examples of past work, which can be documented.
Solo and group exhibit records, records of the artist work in public collections, art training, art education and printed critiques of past work would be helpful in providing documentation. Slides of similar work by the artist will be reviewed by the Art in Public Places Review Committee. Verification of the purchase price of past works will serve to help validate the fair market price of the proposed commissioned Artwork. The proposed Artwork should be submitted in the form of a model whenever possible. Multiple view drawings and photographs are also acceptable.
22Exhibit 1
Ordinance No. 931
11 of 16
H. Expressions of obvious bad taste or profanity, which would likely be offensive to the general public are unacceptable in the opinion of the Director.
I. Each piece of Artwork shall be identified by a plaque at the site of an appropriate size and scale to the piece. The plaque shall be made of cast metal and then placed in a location near the art piece listing the title of the piece, the artist, and the date as well as the City.
J. Unless otherwise permitted in the sole discretion of the City Council, the following items are not to be considered as works of Art:
1. Art objects which are mass produced from a standard design;
2. Reproductions of original Artwork, although limited editions are acceptable;
3. Decorative, ornamental, or functional elements which are designed by the building architect as opposed to an artist commissioned for the purpose of creating the Artwork;
4. Landscape architecture and landscape gardening except where these elements are designed or approved by the artist and are an integral part of the Artwork by the artist; or
5. Services or utilities necessary to operate or maintain the Artwork.
9.71.120 Private places artwork.
A. Application procedures. A Type 2 site plan review application for placement of Artwork on private property shall be submitted to the Director pursuant to Section 9.71.110 of this chapter and shall include:
1. Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed Artwork;
2. An appraisal or other evidence of the value of the proposed Artwork, including acquisition and installation costs;
3. Preliminary plans containing such detailed information as may be required by the City to adequately evaluate the location of the Artwork in relation to the proposed Development and its compatibility with the proposed Development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; and
4. A narrative statement demonstrating that the Artwork will be displayed in an area open and freely available to the general public at least ten (10) hours each day or otherwise provide public accessibility in an equivalent manner based on the characteristics of the Artwork or its placement on the site.
B. Approval.
1. Completed applications shall be submitted to the City Art in Public Places 23Exhibit 1
Ordinance No. 931
12 of 16
Review Committee for review and approval of the Artwork, considering the aesthetic quality and harmony of the Artwork with the existing on-site improvements and the proposed location of and public accessibility to the Artwork.
2. Any person may seek a review of an Art in Public Places Review Committee decision made pursuant to division (B)(1) by filing an appeal in accordance with Chapter 9.60, Appeals, of the BGMC.
9.71.130 Donated public places artwork.
A. Application procedure. An application for acceptance of Artwork to be donated to the City for placement on public property shall be submitted to the Director or their designee and shall include the following information, at a minimum:
1. Preliminary sketches, photographs, models, site plan, lines of sight, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed Artwork;
2. An appraisal or other evidence of the value of the proposed Artwork, including acquisition and installation costs;
3. A written agreement in a form approved by the Director, executed by or on behalf of the artist who created the Artwork, which expressly waives his or her rights under the California Art Preservation Act or other applicable law; and
4. Other information may be required by the City Council to adequately evaluate the proposed donation of Artwork.
B. Review of application.
1. Completed applications shall be submitted to the Director for review and recommendation to the City Council.
2. Recommendations shall be forwarded to the City Council, which shall have the sole authority to approve, conditionally approve, or disapprove Artwork.
9.71.140 Public places artwork.
A. The Art in Public Places Review Committee may recommend to the City Council the purchase of Artwork to be displayed on public property, monetary support for the performing arts, support for outside art projects, and the purchase and improvement of real property to be used for the display of Artwork. A recommendation shall include:
1. The type of Artwork considered, an analysis of the constraints applicable to the placement of the Artwork on a site, the need for and practicality of the maintenance of the Artwork, and the costs of acquisition and installation of the Artwork; or
24Exhibit 1
Ordinance No. 931
13 of 16
2. The type of performance and amount recommended; or
3. A description of the outside art project and the amount recommended; or
4. The estimated costs of acquisition and improvements of the real property proposed to be purchased.
B. An expenditure from the Art in Public Places Fund may be made for the performing arts, provided that the performance occurs at a location in the City or owned or controlled by the City.
9.71.150 Artwork ownership and maintenance.
A. All Artwork placed on the site of a Project Applicant's Project shall remain the Project Applicant's property; the obligation to provide all maintenance necessary to preserve the Artwork in good condition shall remain with the site's owner.
B. Maintenance of Artwork, as used in this chapter, shall include, without limitation, preservation of the Artwork in good condition to the satisfaction of the City, protection of the Artwork against physical defacement, mutilation, or alteration, and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the City Prosecutor pursuant to BGMC Chapter 1.16. Prior to the issuance of a final building permit, the Project Applicant and owner of the site shall execute and record a covenant in a form approved by the City for maintenance of the Artwork. Failure to maintain the Artwork as provided herein is hereby declared to be a public nuisance.
C. In addition to all other remedies provided by law, in the event the owner fails to maintain the Artwork, upon reasonable notice, the City may perform all necessary repairs, maintenance, or secure insurance, and the costs therefor shall become a lien against the real property.
D. All Artwork donated to the City shall become the property of the City upon acceptance by the City Council.
9.71.160 Criteria for approving architecture as art.
The following criteria shall be used to determine, on a case-by-case basis, whether architecture can be considered Art for purposes of fulfilling this chapter’s requirements:
A. The architect shall be substantially recognized by the art world in shows, museums, and/or publications.
B. When reviewing architecture as Art, the underlying concept of the architecture shall be expressive as more than mere utilitarian architecture. The architecture 25Exhibit 1
Ordinance No. 931
14 of 16
as a whole or certain architectural features shall express ideas or meaning and have cultural significance or conceptual complexity in relation to the totality of the object.
C. In the alternative, architecture can be considered Art if it is created as a collaborative effort with an artist, the artist does the majority of the work, the artist has major design control of the portions of the architecture to be considered art, and the artist has been brought in early in the process. The artist shall have experience and knowledge of monumental scale and sculpture.
D. The architecture must meet all the general criteria regarding the placement of Artwork on private property as defined in section 9.71.110 of this chapter.
9.71.170 Procedure for approving architecture as art.
The following procedure must be followed by the Developer to fulfill the public art requirement with the building's architecture.
A. A Developer must make two presentations to the Art in Public Places Review Committee:
1. The first presentation shall be made prior to the development application being deemed complete. The Developer must submit a maquette and other materials which satisfactorily illustrate the proposed conceptual Development. The Developer and architect must submit a conceptual statement expressing why the architecture should be considered art, including an explanation of the ideas, meaning, cultural significance, or conceptual complexity expressed in the architecture.
2. The second presentation shall be made at the completion of the City approval process. The Developer must submit a maquette and other materials that satisfactorily illustrate the to-be-built Development.
3. If a development application was received prior to the adoption of this section, the above requirements for the timing of a Developer's presentation to the Art in Public Places Review Committee shall not apply, provided the first presentation is made at the Planning Commission meeting at which the Project's approval is considered.
B. The Developer and architect shall demonstrate that there will be high-quality materials and craftsmanship used in the execution of the construction.
C. If all of the foregoing criteria are met, the Art in Public Places Review Committee shall make the recommendation to the City Council to accept the architecture as art only if, in its judgment, the architectural work is of extremely high artistic merit and would make a substantial cultural contribution to the City. 26Exhibit 1
Ordinance No. 931
15 of 16
D. The Developer and/or architect shall be responsible for demonstrating that all of the foregoing criteria are met.
9.71.180 Return of contributions.
A. In-lieu contributions paid into the Art in Public Places Fund that are not committed within ten (10) years from the date of payment may be returned to the current owner of the Development Project with all interest actually earned thereon if a written request for return is filed with the Department of Finance and Administrative Services during the tenth year after payment and refund of the fees is approved by the City Council. The request for return shall be verified and shall include the date of payment, the amount paid and method of payment, the location of the Development for which the fee was paid, and a statement that the Project Applicant is the payer of the fees and/or the current owner of the Development Project.
B. The City Council shall determine if return of the then uncommitted portion of the fees and interest is appropriate and, if so, the method of refund. No refund shall be appropriate if the City Council determines any one of the following applies:
1. The City Council finds the fee is needed for art in public places.
2. The administrative costs of refunding the uncommitted fees pursuant to this chapter exceeds the amount to be refunded, provided that at least ten (10) days prior to the hearing, a notice of public hearing on this issue has been published and posted on the site of the Development Project in not less than three places.
C. Expenditure of fees shall be subject to the standards set forth in section
9.71.070 of this chapter.
SECTION 3. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance amending the Bell Gardens Zoning Code is exempt from the California Environmental Quality Act (CEQA) under the following provision of the CEQA Guidelines: Section 15061(b)(3) because there is no possibility that it may have a significant effect upon the environment; and under Section 15378, this Ordinance is not a project under CEQA because it will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment because it does not authorize any specific activity.
SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, 27Exhibit 1
Ordinance No. 931
16 of 16
subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law, which shall take full force and effect thirty (30) days from its adoption.
PASSED, APPROVED, AND ADOPTED this 10th day of April 2023.
THE CITY OF BELL GARDENS
________________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
28Exhibit 1
29Exhibit 2
30Exhibit 2
31Exhibit 2
32Exhibit 2
Permitting Revenue Estimates
Permit #Date B Valuation G C.Y.P E M P.C. Fees B Stat.
No.Units Valuation G C.Y.P E M S O B.P. FEES ISSUANCE
FEE SMIP FEE C.B.S.C
FEE
38270 5-Jan x 438 39,409.00$ 635.30$ 26.10$ 5.20$ 2.00$ 38274 5-Jan x 434 6,000.00$ 142.26$ 26.10$ 0.78$ 1.00$ 38282 5-Jan x o/s 5,000.00$ 126.15$ 26.10$ 0.65$ 1.00$ 38289 10-Jan x o/s 9,000.00$ 190.59$ 26.10$ 1.00$ 1.00$ 38292 12-Jan x o/s 4,000.00$ 110.04$ 26.10$ 0.52$ 1.00$ 38294 12-Jan x o/s 4,000.00$ 120.90$ 26.10$ 1.12$ 1.00$ 38295 12-Jan x o/s 8,000.00$ 200.40$ 26.10$ 2.24$ 1.00$ 38297 12-Jan x o/s sign 165.38$ 26.10$ 0.65$ 1.00$ 38299 17-Jan x o/s solar 493.00$ 26.10$ 0.65$ 1.00$ 38300 17-Jan x o/s solar 493.00$ 26.10$ 0.65$ 1.00$ 38303 17-Jan x o/s 10,000.00$ 205.60$ 26.10$ 1.30$ 1.00$ 38305 17-Jan x o/s 50,000.00$ 871.74$ 26.10$ 14.00$ 2.00$ 38306 17-Jan x o/s solar 493.00$ 26.10$ 0.65$ 1.00$ 38308 17-Jan x o/s 5,000.00$ 126.15$ 26.10$ 0.65$ 1.00$ 38310 18-Jan x o/s 8,000.00$ 190.59$ 26.10$ 1.30$ 1.00$ 38311 23-Jan x 434 47,074.00$ 807.03$ 26.10$ 6.50$ 2.00$ 38312 23-Jan x 434 25,000.00$ 492.66$ 26.10$ 3.90$ 2.00$ 38316 23-Jan x o/s 3,300.00$ 110.04$ 26.10$ 0.65$ 1.00$ 38318 24-Jan x o/s solar 493.00$ 26.10$ 0.65$ 1.00$ 38331 25-Jan x 437 25,000.00$ 470.51$ 26.10$ 8.40$ 2.00$ 38333 26-Jan x o/s solar 493.00$ 26.10$ 0.65$ 1.00$ 38335 30-Jan x o/s 8,500.00$ 496.14$ 26.10$ 2.80$ 1.00$ 38337 31-Jan x o/s 6,000.00$ 142.26$ 26.10$ 1.68$ 1.00$ 38340 31-Jan x o/s 2,500.00$ 165.38$ 26.10$ 0.84$ 1.00$ Jan-23 TOTAL -$ -$ 26 265,783.00$ 8 18 11 3 0 8,234.12$ 626.40$ 57.43$ 29.00$ 38342 2/1/2023 x o/s 4,500.00$ 126.15$ 26.10$ 0.65$ 38343 2/1/2023 x o/s 12,500.00$ 255.03$ 26.10$ 2.60$ 38346 2/1/2023 x o/s 10,600.00$ 222.81$ 26.10$ 3.90$ 38348 2/2/2023 x o/s 5,000.00$ 125.60$ 26.10$ 0.65$ 38349 2/2/2023 x o/s 3,000.00$ 93.97$ 26.10$ 0.39$ 38351 2/2/2023 x renew 63.07$ 26.10$
38356 2/8/2023 x o/s 13,900.00$ 271.14$ 26.10$ 2.60$ 38357 2/8/2023 x o/s 10,000.00$ 222.81$ 26.10$ 1.30$ 38358 2/8/2023 x o/s 10,000.00$ 222.81$ 26.10$ 1.30$ 38359 2/8/2023 x o/s 2,000.00$ 77.90$ 26.10$ 0.26$ 38360 2/8/2023 x o/s 22,400.00$ 416.13$ 26.10$ 3.90$ 38371 2/13/2023 x 434 3,000.00$ 77.90$ 26.10$ 0.26$ 38372 2/13/2023 x 434 1,000.00$ 62.00$ 26.10$ 0.13$ 38377 2/13/2023 x o/s 21,900.00$ 41.50$ 26.10$ 0.39$ 38379 2/15/2023 x o/s 2,700.00$ 110.04$ 26.10$ 0.39$ 38389 2/22/2023 x o/s 21,900.00$ 383.91$ 26.10$ 3.90$ 38393 2/22/2023 x o/s 2,349.00$ 93.93$ 26.10$ 0.39$ 38395 2/22/2023 x o/s 12,870.00$ 271.14$ 26.10$ 2.60$ 38396 2/22/2023 x o/s 7,498.00$ 174.48$ 26.10$ 1.04$ 38397 2/22/2023 x o/s 5,091.00$ 142.26$ 26.10$ 0.78$ 38398 2/22/2023 x o/s 5,875.00$ 142.26$ 26.10$ 0.78$ 38399 2/22/2023 x o/s 8,993.00$ 190.59$ 26.10$ 1.30$ 38401 2/22/2023 x o/s 2,848.00$ 93.93$ 26.10$ 0.39$ 38418 2/28/2023 x o/s 700.00$ 77.90$ 26.10$ 0.13$ Feb-23 TOTAL 9 -$ -$ 29 190,624.00$ 8 17 9 3 2 3,959.26$ 626.40$ 30.03$ 58.00$ Jan - Feb
2023
ESTIMATE OF
APPROXIMATE
CONTRIBUTION 4,564.07$ 12,193.38$
Jan-Feb 2023
TOTAL
ESTIMATE 16,757.45$
33Exhibit 3
Permitting Revenue Estimates
Jan- Dec
2023
CALENDAR
YEAR
ESTIMATE $27,384.42
34Exhibit 3
1 of 2
PUBLIC NOTIFICATION
NOTICE OF PUBLIC HEARING
CONSIDERATION OF ADOPTION OF AN ORDINANCE NO. 931 AMENDING BELL GARDENS MUNICIPAL CODE TITLE 9 “ZONING AND PLANNING REGULATIONS,” ADDING CHAPTER 9.71 (ART IN PUBLIC PLACES) TO ESTABLISH PUBLIC ART
REQUIREMENTS FOR CERTAIN DEVELOPMENT PROJECTS WITHIN THE CITY OF
BELL GARDENS
NOTICE IS HEREBY GIVEN, the City Council of the City of Bell Gardens will conduct a public hearing to consider the adoption of an ordinance to amend Title 9 of the Bell Gardens Municipal Code to add Chapter 9.71 to establish requirements, criteria, and guidelines for public art for certain development projects within the City of Bell Gardens. Copies of the proposed changes are available for review at Bell Gardens City Hall and on our website at https://www.bellgardens.org/government/city-departments/public-notifications .
DATE OF HEARING: Monday, March 13, 2023
TIME OF HEARING: 6:00 P.M., or as soon thereafter as possible.
ENVIRONMENTAL DETERMINATIONS: Proposed Ordinance No. 931 is not subject to the California Environmental Quality Act in that pursuant to CEQA Guidelines. The adoption of the proposed ordinance constitutes an activity not considered a project according to section 15060(c) (3) since there is no anticipation of a direct or reasonably foreseeable indirect physical change in the environment pursuant to section 15060(c)(2).
INVITATION TO BE HEARD/PUBLIC PARTICIPATION: The public hearing will be held before the City of Bell Gardens City Council on Monday, March 13, 2023, at 6:00 p.m. The public may attend the meeting in person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-citycouncil-meetings . Public comments for the public hearing are limited to three (3) minutes per person. Members of the public can access and participate in the meetings as follows:
IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in-person. Public comments for the public hearing are limited to three (3) minutes per speaker. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" card by 6:00 p.m. for each designated public comment period(s) as listed.
BY TELEPHONE: Phone Number: (669) 900-9128 Webinar ID: 892 6467 1097# Passcode:
2021# to address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.
VIRTUALLY LIVE: Members of the public may participate via Zoom by going to https://zoom.us/join and entering the Zoom Meeting ID: 892 6467 1097 Passcode: 2021 Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the Zoom app.
35Exhibit 4
2 of 2
PUBLIC NOTIFICATION
WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to the City Clerk's Office. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be part of the official public record of this meeting.
Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such service by contacting the City Clerk's Office no later than 72-hours before the scheduled meeting.
The City Council staff report will be available in the City Clerk’s Office and posted on the City’s website at https://www.bellgardens.org/i-want-to/view-agendas 72-hours prior to the meeting.
For more information, you may contact the City Clerk's Office located at 7100 Garfield Avenue, Bell Gardens, CA 90201 during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704 or via email to [email protected].
Daisy Gomez
City Clerk
Posted: March 2, 2023
Bell Gardens City Hall
Bell Gardens John Anson Ford Park
Bell Gardens Veterans Park - Ross Hall Auditorium
Bell Gardens Department of Public Works
Daily Journal Corporation (Bell Gardens News Paper) – General Circulation
36Exhibit 4
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 2.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:G E NE RAL M O T I O N T O WAI V E F UL L RE AD ING AND AP P RO V E O RD I NANC E S B Y T IT L E O NLY P URS UANT T O C AL IF O RNI A G O V E RNM E NT C O D E S E C T IO N 36934 D AT E:March 13, 2023
RE C O M M E ND AT IO N:
I t is staff's recommendation that the C ity Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government C ode S ection 36934.
B AC K G RO UND/D IS C US S I O N:
I n order to expedite the conduct of business at Council meetings, C alif ornia S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the C ouncil supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.
Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant inf ormation and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.
C O NC L US I O N:
Allowing ordinances to be read by title only, according to California S tate L aw, will expedite the conduct of business at C ouncil Meetings.
F I S C AL I M PAC T:
No fiscal impact.
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant Attorney Manuel Carrillo, Director of F inance and Administrative Services 37 CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 3.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, E xecutive Director
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:AP P RO VAL M I NUT E S O F F E B RUARY 27, 2023 C L O S E D S E S S IO N AND C I T Y /
S UC C E S S O R AG E NC Y J O I NT M E E T ING
D AT E:March 13, 2023
RE C O M M E ND AT IO N:
I t is staff's recommendation that the C ity Council approve the minutes of the F ebruary 27, 2023 C losed S ession and C ity/Successor Agency J oint Meetings.
B AC K G RO UND/D IS C US S I O N:
Every Closed S ession and City/S uccessor Agency J oint Meetings the City C lerk documents the actions made by the Agency Members/C ity C ouncil.
C O NC L US I O N:
I f approved, the minutes of the Closed S ession and C ity/Successor A gency J oint Meetings will be archived in the C ity C lerk's Office.
F I S C AL I M PAC T:
No fiscal impact.
AT TAC HM E NT S :
D escription
Exhibit 1 - Minutes of F ebruary 27, 2023 R egular C ity C ouncil/S uccessor A gency J oint Meeting Exhibit 2 - Minutes of F ebruary 27, 2023 R egular C losed S ession AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant Attorney Manuel Carrillo, Director of F inance and Administrative Services 38 CI TY OF BELL GARDENS
C IT Y C O UNC IL / S UC C E S S O R AG E NC Y T O T HE C O M M UNIT Y
D E V E L O P M E NT C O M M I S S I O N
J O I NT M E E T ING
M O ND AY, F E B RUARY 27, 2023, 6:00 P M
M I NUT E S
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 P UB L IC PART I C IPAT IO N: T he members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the C ity Council / S uccessor Agency. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments for non- agenda items will be limited to a total of 30 minutes. P ublic comments can be made by any of the following ways:
I N-P E RS O N: Members of the public can provide in-person comments at the podium in the Council C hamber. The C ouncil C hamber will have seating available for members of the public to attend the meeting in-person. F or your safety, space is currently limited to 50 members of the public. Masking is required f or all in attendance. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a dif f erent time is announced by the presiding chair. S peakers who wish to address the City C ouncil / Agency Members should do so by submitting a "Public Comment C ard" card by 5:00 p.m. f or Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.
B Y T E L E P HO NE: P hone Number: (669)900-9128 Webinar I D : 813 3236 4343# Passcode: 2021# To address the C ity C ouncil press *9 to raise your hand then *6 to unmute yourself when instructed.
V IRT UAL LY L I V E : Members of the public may participate via Z oom by https://zoom.us/join and entering the Z oom Meeting I D: 813 3236 4343 Passcode: 2021
C omments may also be made via the Z oom app by using the "R aise Hand" feature when it is your turn to speak the host will unmute you. C omments will not be accepted in the QandA Chat f unction of the zoom app.
WRIT T E N C O M M E NT S: Public comments may be emailed to Public [email protected] or mailed to: City Clerk's Of f ice, 7100 Garf ield Ave., B ell Gardens, C A 90201. To ensure distribution to the members of the City Council / A gency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments received after, will be distributed to the members of the C ity C ouncil / S uccessor A gency and will be part of the official public record of this meeting.
F or more information, you may contact the C ity Clerk's of f ice during regular business hours 7:30 a.m. to 6:00 p.m., Monday through T hursday at (562) 806-7704.
C AL L T O O RD E R
Pursuant to A ssembly B ill 361, T he C ouncil Members of the City of B ell Gardens C ity MikeMikeMike
Armando
Armando
Armando
39Exhibit 1
Council/Successor Agency held a Joint Regular meeting on February 27, 2023, via teleconference and in-person in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Alejandra Cortez presiding. Mayor Alejandra Cortez called the joint meeting to order at 6:10 p.m.
INVOCATION
The invocation was given by Pastor Reynaldo Leal.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Girl Scout Brownie Troop #2543.
ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION MEMBERS
Present:
Marco Barcena, Agency Member/Council Member
Jorgel Chavez, Agency Member/Council Member
Maria Pulido, Agency Member/Council Member
Francis De Leon Sanchez, Vice Chair/Mayor Pro Tem
Alejandra Cortez, Chair/Mayor
Absent:
None
PRESENTATIONS
•BELL GARDENS COMMUNITY POLICE ACADEMY GRADUATES
Police Chief Scott Fairfield and Sergeant Frank Garcia the certificate of recognition to the Police Academy Graduates.
•BELL GARDENS HIGH SCHOOL GIRLS BASKETBALL TEAM
Mayor Alejandra Cortez read and presented the certificate of recognition to the Bell Gardens High School Girls Basketball Team.
•BELL GARDENS HIGH SCHOOL GIRLS SOCCER TEAM
Councilmember Maria Pulido read and presented the certificate of recognition to the Bell Gardens High School Girls Soccer Team.
•BELL GARDENS HIGH SCHOOL BOYS SOCCER TEAM
Mayor Pro Tem Francis de Leon Sanchez read and presented the certificate of recognition to the Bell Gardens High School Boys Soccer Team.
Mayor Alejandra Cortez recessed the meeting at 7:01 p.m. and reconvened at 7:15 p.m. •WOMEN'S HISTORY MONTH
Women's History Month was heard prior to Bell Gardens High School Girls Basketball Team. 40Exhibit 1
Mayor Alejandra Cortez read and presented the proclamation for Women's History Month to Girl Scouts Troop #2543.
Mayor Alejandra Cortez recessed the meeting to allow for a break at 7:01p.m. and reconvened at 7:15p.m.
PUBLIC COM M ENT S ON NON-AGENDA ITEM S UNDER T HE SUBJECT M ATT ER
JURISDICT ION OF T HE CIT Y COUNCIL / SUCCESSOR AGENCY
Mike Greenspan spoke regarding various topics.
Bruce Crow spoke regarding various topics.
PUBLIC COM M ENT S ON AGENDA ITEM S ONLY
Mike Greenspan spoke regarding Successor Agency and item number 8.
Bruce Crow spoke in support of item number 14.
The City Clerk's office received 4 written comments in support of item number 15, enforcing rent control immediately.
CIT Y M ANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.
CONSENT CALENDAR (Item Nos. 1 - 10)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council /Successor Agency request specific items to be removed from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business.
A motion was made by Mayor Alejandra Cortez, seconded by Mayor Pro Tem Francis de Leon Sanchez to approve Consent Calendar I tem Nos. 1 - 10.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None
1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.
Recommendation:
It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.41Exhibit 1
2.APPROVAL MINUTES OF FEBRUARY 13, 2023 CLOSED SESSION AND CITY /
SUCCESSOR AGENCY JOINT MEETING
Approve the minutes of the February 13, 2023 Closed Session and City/Successor Agency Joint Meetings.
Recommendation:
It is staff's recommendation that the City Council approve the minutes of the February 13, 2023 Closed Session and City/Successor Agency Joint Meetings.
3.WARRANT REGISTER SUCCESSOR AGENCY
In approving the action of receiving and filing the warrant registers, the official minutes of the Successor Agency should state that each individual member of the Successor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency Member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is recommended that the Successor Agency Members receive and file the warrant register dated 01/31/23.
4.WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 01/26/23, 01/31/23 and 02/07/23.
5.DECEMBER 2022 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.
Recommendation:
It is recommended that the City Council receive, approve, and file the December 2022 Treasurer's Report.
6.FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY AND MICHAEL BAKER INTERNATIONAL FOR CALIFORNIA DEVELOPMENT 42Exhibit 1
BLOCK GRANT ADMINISTRATION SERVICES
Fifth Amendment to the Professional Services Agreement between the City and Michael Baker International for Community Development Block Grant (CDBG) administration and labor compliance services.
Recommendation:
It is staff's recommendation that the City Council adopt the attached resolution approving a Fifth Amendment to the Professional Services Agreement between the City and Michael Baker International for Community Development Block Grant (CDBG) administration and labor compliance services.
Resolution No. 2023-10 was adopted.
7.APPROVAL OF AGREEMENT WITH FOLSOM LAKE FORD FOR THE PURCHASE OF THREE (3) PATROL VEHICLES AND EQUIPMENT REPLACEMENT
The Bell Gardens Police Department utilizes marked black and white vehicles to perform patrol operations throughout the City of Bell Gardens. After a thorough analysis of the fleet, staff recognized a need to replace three (3) patrol vehicles to maintain reliability and safety of the fleet.
These patrol vehicles will replace three of the four (4) vehicles that were recently removed from the fleet due to high miles, engine problems, and outdated vehicle safety features. Furthermore, these vehicles were also involved in traffic accidents and were deemed a total loss.
Recommendation:
It is staff's recommendation that the City Council approve the attached agreement and resolution authorizing the purchase of three (3) new Ford Police Interceptor utility vehicles and related equipment for use by the police department. The request for approval for retrofitting these vehicles and new equipment purchase will be addressed at a future Council Meeting.
Resolution No. 2023-11 was adopted.
8.PURCHASE AUTOMATED LICENSE PLATE READER (ALPR) CAMERAS The Bell Gardens Police Department (BGPD) has identified a need for License Plate Reader (LPR) cameras throughout the Bell Gardens community. BGPD staff have conducted extensive research of the many different platforms specializing in LPR technology. As a result, staff believes that a cooperative agreement with Insight would best meet the needs of the City.
Recommendation:
It is staff recommendation that the City Council:
1. Adopt the attached resolution approving a Lease Agreement for Flock Safety, Inc. systems through the Cooperative Agreement between Insight Public Sector and OMNIA; and
2. Authorize the City Manager to execute a Lease Agreement for Flock Safety, Inc. systems through the Cooperative Agreement between Insight Public Sector and OMNIA for ALPR cameras for 3 years with the option of 2 1-year extensions in the amount of $65,550 for the first year $57,500 for each year thereafter.
Resolution No. 2023-12 was adopted.
9.APPROVAL OF AGREEMENT WITH CLARK EQUIPMENT COMPANY DBA BOBCAT
COMPANY TO PURCHASE EXCAVATOR AND TRAILER
43Exhibit 1
During the annual budget review and preparation process, the Public Works Department requested funding for the replacement of existing equipment that is worn/inoperable and for new materials and supplies. The Department identified the needed for a new excavator and trailer. Under Section
3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency. On February 14, 2019, Sourcewell (hereinafter, “Sourcewell”) issued a Request for Proposals (“Sourcewell RFP”) for Medium Duty and Compact Construction Equipment with Related Attachments, Accessories, and Supplies (RFP #040319) and on May 28, 2019 Bobcat was awarded a Solicitation Contract #040319-CEC. As a member of Sourcewell, it is recommended that the City Council approve an agreement with Clark Equipment Company DBA Bobcat Company for the purchase of an excavator and trailer for $39,877.38.
Recommendation:
It is staff's recommendation that the City Council by motion adopt the attached Resolution approving an agreement with Clark Equipment Company DBA Bobcat Company for the purchase of an excavator and trailer, for a total cost of $39,877.38.
Resolution No. 2023-13 was adopted.
10.ACTIVENET FEE SCHEDULE AND CONTRACT APPROVAL
This item would approve a 3-year agreement with ACTIVE Network, LLC to provide the city with an online registration and recreation management software system. The registration system is easier and more convenient for residents by allowing for online and mobile registration.
Recommendation:
It is staff's recommendation that the City Council by motion:
1. Adopt the attached Resolution; and
2. Approve an agreement with ACTIVE Network, LLC in an amount not to exceed $50,000.
Resolution No. 2023-14 was adopted.
DISCUSSION (Item Nos. 11 - 15)
11.LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.
Recommendation:
It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
A motion was made by Mayor Alejandra Cortez, seconded by Councilmember Marco Barcena to approve the appointment of Cindy Alvarado to the Recreation, Cultural & Youth Commission and Andrew Leon to the Education Commission.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez 44Exhibit 1
NOES: None
ABSENT: None
ABSTAIN: None
12.KOUNKUEY DESIGN INITIATIVE (KDI) PROP 1 GRANT PROJECT UPDATE Kounkuey Design Initiative (KDI) Prop 1 Grant Project Update.
Recommendation:
It is staff’s recommendation that the City Council receive and file the KDI Prop 1 Grant Project update.
Lauren Elachi, Senior Design Principal of Kounkuey Design Initiative, provided a presentation.
A motion was made by Councilmember Jorgel Chavez, seconded by Mayor Pro Tem Frances de Leon Sanchez to receive and file this report.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None
13.APPROVAL OF THE FIRST AMENDMENT TO CONTRACT WITH ALL CITY
MANAGEMENT SERVICES FOR ADDITIONAL CROSSING GUARD SERVICES The City of Bell Gardens provides crossing guard services at seven (7) locations during the school year including summer school. On November 14, 2022, staff presented City Council eight additional locations to consider for crossing guard services. These locations were recommended by the Bell Gardens Police Traffic/Patrol Officers and CSO’s to enhance the safety of the students, parents, residents, and the motoring public. At direction of Council, staff contacted the Montebello Unified School District about funding the additional guards and they advised they do not have funding at this time. It is staff's recommendation that City Council approve the First Amendment to the contract with All City Management Services for the additional eight crossing guard locations and approve an appropriation of $68,382 to cover the added service for the remainder of the 2022- 2023 school year.
Recommendation:
It is staff's recommendation that the City Council by motion; 1)Approve the attached Resolution and authorize a First Amendment to the contract with All City Management Services for eight additional crossing guard locations; and 2 ) Approve an appropriation of $68,382 from the General Fund for the additional crossing guard service for the remainder of the 2022-23 school year.
Grissel Chavez, Executive Director of Public Works, provided a presentation.
A motion was made by Councilmember Jorgel Chavez to authorize ten additional crossing guard locations, died lack of a second.
A motion was made by Mayor Alejandra Cortez, seconded by Mayor Pro Tem Francis de Leon Sanchez 45Exhibit 1
to approve staff's original recommendation and adopt Resolution No. 2023-15.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None
14.COUNCIL CHAMBER IN-PERSON OCCUPANCY LIMITS AND MASK WEARING
REQUIREMENTS
In-person public participation for meetings held in the Bell Gardens City Council Chamber resumed on Tuesday, September 27, 2022. The City of Bell Gardens has used the following guidelines for in-person public participation: 1) Masking for all in attendance required; and 2) Occupancy limited to 50 members of the public. As of February 21, 2023, Los Angeles County's current CDC community level remains Low. The current masking requirements and occupancy limits in the Bell Gardens Council Chamber can be rescinded to align with the termination of the statewide declaration of emergency on February 28, 2023 and the low COVID-19 community levels. Masks may continue to be recommended and provided as part of the in-person public participation.
Recommendation:
It is staff's recommendation that the City Council rescind the Bell Gardens Council Chamber in- person occupancy limits and the mask wearing requirements adopted by the Bell Gardens City Council on September 26, 2022.
A motion was made by Mayor Pro Tem Francis de Leon Sanchez, seconded by Mayor Alejandra Cortez to approve this item.
The motion carried 5-0 with the following vote:
AYES:
NOES:
Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
None
ABSENT: None
ABSTAIN: None
15.PROGRESS REPORT ON RENT STABILIZATION AND TENANT EVICTION
PROTECTIONS
A progress report on the City's Rent Stabilization and Tenant Eviction Protections Ordinance No. 925 since its adoption.
Recommendation:
It is staff's recommendation that the City Council receive and file this report, which discusses the actions that have taken place since the adoption of Ordinance No. 925, the City’s Rent Stabilization and Tenant Eviction Protections (RSTEP) Ordinance (BGMC Chapters 5.62 and 5.63).
A motion was made by Councilmember Marco Barcena, seconded by Councilmember Jorgel Chavez to 46Exhibit 1
receive and file this report.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None
CI T Y COUNCIL / SUCCESSOR AGENCY M E M BER CO MM ENT S Members of the Council and Successor Agency made community announcements and comments.
ADJOURNMENT
Mayor Alejandra Cortez adjourned the meeting at 8:35 p.m. _____________________
Daisy Gomez, City Clerk
Agenda Posted on: February 23, 2023.
47Exhibit 1
CITY OF BELL GARDENS
CITY COUNCIL
REGUL AR MEETING - CLOSED SESSION
MONDAY, FEBRUARY 27, 2023
5:00 pm
MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA PUBLIC PARTICIPATION: Public comments ar e limited to 3 minutes per per son.
IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber
BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: *2021 # To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.
VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021 Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be part of the official public record of this meeting.
For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.
CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a regular meeting on February 27, 2023, via teleconference and in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor A lejandra Cortez presiding. Mayor Alejandra Cortez called the meeting to order at 5:02 p.m. Councilwoman Maria Pulido arrived in-person to the meeting at 5:42 p.m.
ROLL CALL OF CITY COUNCIL MEMBERS
Present:
Marco Barcena, Council Member Jorgel Chavez, Council Member Maria Pulido, Council Member (arrived at 5:42 p.m.)Francis De Leon Sanchez, Mayor Pro Tem Alejandra Cortez, Mayor
Absent:
None
48Exhibit 2
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
There were no public comments made.
CLOSED SESSION: (Item No. 1)
City Attorney Stephanie Vasquez announced the Closed Session item. The City Council recessed into closed session at 5:10 p.m. to discuss the item listed on the agenda.
1.CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODESECTION 54957.6 City Designated Representatives: Michael B. O'Kelly, City Manager Manuel Carrillo, Director of Finance
Employee Organizations: City Employees Association (CEA) Public Works Employees Association
(PWEA) Public Works Supervisors
Association (PWSA) Police Officers
Association (POA)
Police Management Association
((PMA) Non-Represented
CLOSED SESSION REPORT
The City Council reconvened to open session at 6:10 p.m., City Attorney Stephanie Vasquez announced that there was no reportable action.
ADJOURNMENT
Mayor Alejandra Cortez adjourned the meeting at 6:10 p.m. _____________________________Daisy Gomez, City ClerkAgenda Posted on: February 23, 2023. 49Exhibit 2
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 4.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance & A dministrative S ervices S UB J E C T:WARRANT RE G IS T E R S UC C E S S O R AG E NC Y D AT E:March 13, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommended that the S uccessor A gency Members receive and file the warrant register dated 02/14/23.
B AC K G RO UND/D IS C US S I O N:
T he attached warrant register is for 02/14/23. T he warrant register ref lects the obligation of the S uccessor A gency to the Community D evelopment Commission (S uccessor A gency) f or the above referenced date.
C O NC L US I O N:
I f the recommendation to the Successor A gency Members is approved, then the warrant register dated 02/14/23 will be received and f iled.
F I S C AL I M PAC T:
Warrant register 02/14/23 12921 $58,893.62
Total Voucher $58,893.62
Grand Total Voucher $58,893.62
AT TAC HM E NT S :
D escription
Exhibit 1- Warrant Register
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant Attorney Manuel Carrillo, Director of F inance and Administrative Services 50 51Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 5.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance & A dministrative S ervices S UB J E C T:WARRANT RE G IS T E RS AND WIRE T RANS F E RS D AT E:March 13, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council receive and f ile the warrant registers, wire transf ers, and net payrolls dated 02/09/23, 02/14/23 and 02/21/23.
B AC K G RO UND/D IS C US S I O N:
T he attached warrant registers, wire transf ers, and net payrolls are f or 02/09/23, 02/14/23 and 02/21/23. The warrant registers, wire transfers, and net payrolls ref lect the f inancial obligations of the City f or the above referenced dates.
C O NC L US I O N:
I f the recommendation to the C ity Council is approved, then the warrant registers, wire transfers, and net payrolls dated 02/09/23, 02/14/23 and 02/21/23 will be received and filed.
F I S C AL I M PAC T:
Warrant register 02/14/23 184864 - 184946 $589,086.41
T otal Vouche r $589,086.41
Wire transfer 02/09/23 1777 - 1779 $201,537.30
Warrant register 02/21/23 184947- 185033 $714,484.42
T otal Ba nk $916,021.72
N et payro ll transfer 02/09/23 -$561,424.99
T otal Vouche r $1,477,446.71
Gra nd T otal Vouche rs $2,066,533.12
AT TAC HM E NT S :
D escription
Exhibit 1- Warrant Register
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant Attorney Manuel Carrillo, Director of F inance and Administrative Services 52 53
54Exhibit 1
55Exhibit 1
56Exhibit 1
57Exhibit 1
58Exhibit 1
59Exhibit 1
60Exhibit 1
61Exhibit 1
62Exhibit 1
63Exhibit 1
64Exhibit 1
65Exhibit 1
66Exhibit 1
67Exhibit 1
68Exhibit 1
69Exhibit 1
70Exhibit 1
71Exhibit 1
72Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 6.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance and A dministrative S ervices Patricia A humada, Human Resources Manager
S UB J E C T:C L AIM RE J E C T IO N
D AT E:March 13, 2023
RE C O M M E ND AT IO N:
I t is staff's recommendation that the City C ouncil reject the following claims and the claimants and/or their representatives be notified:
Aiden L opez v. C ity of Bell Gardens (D O E 11/2/2021; D O R 1/26/2022)
T he C ity's general liability claims administrator, Carl Warren & C ompany, recommends that these claims be rejected. T he claimants, subject to certain exceptions, shall have up to six (6) months to f ile a court action subsequent to the C ity C ouncil's rejection.
B AC K G RO UND/D IS C US S I O N:
T he City C lerk's Office received the claims and City staff directed the claims to the City's general liability claims administrator Carl Warren & C ompany f or processing, review, and investigation.
C O NC L US I O N:
After caref ully reviewing and investigating the claims, C arl Warren & Company and C ity staff determined that the City is not liable f or the claims and recommend rejection.
F I S C AL I M PAC T:
No fiscal impact.
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant Attorney Manuel Carrillo, Director of F inance and Administrative Services 73 CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 7.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance & A dministrative S ervices Patricia A humada, Human Resources Manager
S UB J E C T:C L AIM RE J E C T IO N
D AT E:March 13, 2023
RE C O M M E ND AT IO N:
I t is staff's recommendation that the C ity Council reject the following claim and the claimant and/or their representatives be notified:
Z usser Company, I nc. v. City of B ell Gardens (D O R 1/26/2023)
T he City A ttorney's office recommends that this claim be rejected. T he claimants, subject to certain exceptions, shall have up to six (6) months to f ile a court action subsequent to the C ity C ouncil's rejection.
B AC K G RO UND/D IS C US S I O N:
T he C ity Clerk's O f f ice received the claim and City staf f directed the claim to the C ity Attorney's Office f or processing, review, and investigation.
C O NC L US I O N:
After carefully reviewing and investigating the claim, the C ity A ttorney's Of f ice determined that the C ity is not liable for the claim and recommend rejection.
F I S C AL I M PAC T:
No fiscal impact.
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant Attorney Manuel Carrillo, Director of F inance and Administrative Services 74 CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 8.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Hailes H. Soto, Assistant to the City Manager
S UB J E C T:C O NS I D E RAT IO N AND AP P RO VAL O F A RE S O L UT IO N AP P RO V ING AN AM E ND M E NT
T O T HE G RO S S RE V E NUE L IC E NS E F E E IM P O S E D O N PARK WE S T B IC Y C L E
C AS I NO
D AT E:March 13, 2023
RE C O M M E ND AT IO N:
I t is staff's recommendation that the City Council adopt the attached R esolution approving an amendment to the gross revenue license f ee imposed on P arkwest Bicycle Casino for the period commencing A ugust 1, 2022, and ending D ecember 31, 2023.
B AC K G RO UND/D IS C US S I O N:
Parkwest B icycle Casino is a gaming establishment that operates in the City of B ell Gardens (“City”) pursuant to the Bell Gardens Municipal Code (“B G MC”) C hapter 5.25 and applicable state law. On March 29, 2022, the C ity C ouncil of the City of B ell Gardens adopted Resolution No. 2022-26 approving a transaction involving the sale and purchase of the gambling operations and related assets of the Bicycle Casino by P arkwest Bicycle C asino L L C and issuance of a new card club license to Parkwest B icycle C asino.
Pursuant to B G MC S ection 5.25.120, P arkwest B icycle Casino pays the City a monthly gross revenue license fee derived f rom Parkest B icycle C asino gaming operations in lieu of any other gross receipts tax imposed by the City.
L icense f ees received f rom Parkwest B icycle C asino are a major source of revenues to the C ity’s general f und and enable the C ity to support a variety of programs including public safety and recreation programs. Since assuming ownership in March 2022, P arkwest B icycle Casino has enacted various changes that have improved operations and increased gaming activity at the Parkwest Bicycle C asino. Beginning as of August 2022, P arkwest Bicycle C asino has invested post tax revenue to incentivize additional gaming by implementing Bonus Chip P romotion and Player R eward P oints (“I ncentives P rogram”). T he I ncentives P rogram has been mutually beneficial to the City and Parkwest B icycle C asino because it has increased gross revenues f rom gaming operations, which has the effect of increasing license fee revenues for the City.
Parkwest B icycle C asino has been a good corporate citizen and the City desires to maintain a positive working relationship and support initiatives that provide a competitive advantage, maintain successful operations, strengthen the local economy and enhance the overall quality of lif e f or City residents. The C ity Council may amend, alter, increase, or decrease the prescribed gross revenue license fee by resolution pursuant to B G MC S ection
5.25.120.D. T he C ity and P arkwest Bicycle Casino desire to amend the gross revenue license fee prescribed in B G MC S ection 5.25.120.A for a limited time period by reducing from monthly gross revenues the post-tax amount invested by P arkwest B icycle C asino in the I ncentives Program. T he C ity has conducted a review of the financial impact of the proposed temporary reduction and has determined that the amended f ee would serve the City’s interests by encouraging continued investments in the P arkwest B icycle Casino that will, in turn, generate greater 75 revenues f or the C ity.
C O NC L US I O N:
T he I ncentives Program has been mutually benef icial to the City and P arkwest B icycle C asino because it has increased gross revenues from gaming operations, which has the effect of increasing license fee revenues for the C ity.
F I S C AL I M PAC T:
L icense fee revenues have increased since A ugust 2022 due to the I ncentives Program successf ully implemented by Parkwest B icycle Casino. T he cardroom gross revenue basis used f or calculating license fee revenue will be reduced by an amount equal to the cost of the I ncentives P rogram. I t is anticipated that these programs and this reduction in cardroom gross revenue basis will result in a continued net increase in the C ity's license f ee revenues.
AT TAC HM E NT S :
D escription
Exhibit A - R esolution No. 2023-16
Exhibit B - Bell Gardens Municipal Code Section 5.25.120 Gross Revenue L icense F ees AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant Attorney Manuel Carrillo, Director of F inance and Administrative Services 76 RESOLUTION NO. 2023-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AN AMENDMENT TO THE
GROSS REVENUE LICENSE FEE IMPOSED ON PARKWEST BICYCLE
CASINO
WHEREAS, Parkwest Bicycle Casino, formerly Bicycle Hotel & Casino, (“Bicycle Casino”) is a gaming establishment that operates in the City of Bell Gardens (“City”) pursuant to the Bell Gardens Municipal Code (“BGMC”) Chapter 5.25 and applicable state law; and
WHEREAS, on March 29, 2022, the City Council of the City of Bell Gardens (“City Council”) adopted Resolution No. 2022-26 approving a transaction involving the sale and purchase of the gambling operations and related assets of the Bicycle Casino by Parkwest Bicycle Casino LLC (“Licensee”) and issuance of a new card club license to Licensee; and
WHEREAS, pursuant to BGMC Section 5.25.120, Licensee pays the City a monthly gross revenue license fee derived from Bicycle Casino gaming operations in lieu of any other gross receipts tax imposed by the City; and
WHEREAS, license fees received from the Bicycle Casino are a major source of revenues to the City’s general fund and enable the City to support a variety of programs including public safety and recreation programs; and
WHEREAS, since assuming ownership in March 2022, Licensee has enacted various changes that have improved operations and increased gaming activity at the Bicycle Casino; and
WHEREAS, beginning as of August 2022, Licensee has invested post tax revenue to incentivize additional gaming by implementing Bonus Chip Promotion and Player Reward Points (“Incentives Program”); and
WHEREAS, the Incentives Program has been mutually beneficial to the City and Bicycle Casino because it has increased gross revenues from gaming operations, which has the effect of increasing license fee revenues for the City; and
WHEREAS, the Bicycle Casino has been a good corporate citizen and the City desires to maintain a positive working relationship and support initiatives that provide a competitive advantage, maintain successful operations, strengthen the local economy and enhance the overall quality of life for City residents; and
WHEREAS, the City Council may amend, alter, increase, or decrease the prescribed gross revenue license fee by resolution pursuant to BGMC Section
5.25.120.D; and
77Exhibit 1
Resolution No. 2023-16
2 of 3
WHEREAS, the City and Licensee desire to amend the gross revenue license fee prescribed in BGMC Section 5.25.120.A for a limited time period by reducing from monthly gross revenues the post-tax amount invested by Licensee in the Incentives Program; and
WHEREAS, the City has conducted a review of the financial impact of the proposed temporary reduction and has determined that the amended fee would serve the City’s interests by encouraging continued investments in the Bicycle Casino that will, in turn, generate greater revenues for the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporated herein by this reference.
SECTION 2. The City Council does hereby approve amending the monthly gross revenue fee as prescribed in BGMC Section 5.25.120.A for a limited time period as follows: any amount paid by Licensee with post-tax dollars used to fund the Incentives Program shall be deducted from monthly gross revenue for purposes of calculating the monthly gross revenue fee for the period commencing August 1, 2022, and ending December 31, 2023. Licensee shall include a true and correct accounting of all deductions from gross revenues as authorized herein, for purposes of producing all financial statements required under BGMC Chapter 5.25.
SECTION 3. The City Council’s approval is subject to the following conditions: all licensees shall comply with all provisions of BGMC Chapter 5.25; the California Gambling Control Act, including, but not limited to, reporting requirements, wagering limits, and number of tables; the regulations of the California Gambling Control Commission; any gambling licenses issued by the California Gambling Control Commission; and all other applicable laws governing card rooms.
SECTION 4. The City reserves the right to withdraw this approval in the event that there is any change or modification made to, or concerning the conditions of, the documents, including financial statements, submitted for consideration by the City.
SECTION 5. Except as amended by this Resolution, all fees set forth in BGMC Chapter 5.25 shall remain unchanged and in full force and effect.
SECTION 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on the following page]
78Exhibit 1
Resolution No. 2023-16
3 of 3
PASSED, APPROVED and ADOPTED this 13th day of March 2023.
THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
79Exhibit 1
5.25.120 Gross revenue license fees.
A. Monthly Gross Revenue Fee – Calculation. In addition to the fees prescribed by this c hapter, and in lieu of any other gros s rec eipts tax impos ed by the Bell Gardens Municipal Code, there is hereby imposed a gross revenue lic ense fee.
The gross revenue license fee shall be pay able monthly . The licens e fee shall be based on the total monthly gross revenue and shall be as provided in the following graduated s chedule:
Monthly Gross Revenue Computed Fee
OVER BUT NOT
OVER
$0 $300,000 $0 + 8.2% of the amount over $0
$300,000 $700,000 $24,600 + 9.2% of the amount
over
$300,000
$700,000 $1,000,000 $61,400 + 10.2% of the amount
over
$700,000
$1,000,000 $1,200,000 $92,400 + 11.2% of the amount
over
$1,000,000
$1,200,000 $1,600,000 $114,400 + 12.2% of the amount
over
$1,200,000
$1,600,000 and over $163,200 + 13.2% of the amount
over
$1,600,000
B. Statement of Revenue. Eac h licensee shall file with the c ity on or before the fifteenth day of eac h c alendar month a s tatement, under oath, s howing the true and correc t amount of gros s rev enue deriv ed from the card club business, operated pursuant to licenses iss ued pursuant to this chapter, for the operations of the prec eding month. Such s tatement shall be acc ompanied by the payment of the correc t amount of gros s rev enue licens e fee due and owing in ac cordance with the provisions of this s ection. A c ertific ation shall be attached to the statement or inc luded therein, whic h c ertific ation or declaration shall be s ubs tantially in the following form:
I hereby declare under penalty of perjury that the foregoing is true and correct.
Lic ensee, Managing Partner, or Owner
(Strik e out the titles which are not applic able.)
At the end of eac h fiscal year, the licensee shall employ at its expense a nationally recognized firm of certified public acc ountants to c onduct an audit of licens ee’s financial records in accordance with generally ac cepted The Bell Gardens Municipal Code is current through Ordinance 928, and legislation passed through December 12, 2022.
Bel l Gardens Munici pal C ode 5.25.120 Gross revenue license fees.Page 1 of 2 80Exhibit 2
auditing s tandards . Such audit shall conclude with the expression of the auditor’s opinion on the financial statements of the lic ensee’s c ard c lub operations in ac cordance with generally ac c epted auditing principles . The auditor shall ex press a s eparate opinion on the licensee’s gros s rev enues and related fees paid to the city for the period then ended. Als o, the licens ee shall provide the c ity with an annual update of the evaluation of its internal accounting and administrative controls.
Such audit report shall be filed with the c ity c lerk no later than 120 day s after the fis c al y ear end. In the ev ent that s uch evaluation dis c loses material weaknesses or reportable c onditions in the lic ens ee’s s ystem of internal accounting and administrative controls, the licens ee shall submit a program to the c ity manager within 30 days of such ev aluation outlining licensee’s program to correc t s uch weaknesses or c onditions . All reports or evaluations s ubmitted hereunder shall be confidential and shall not be available for public ins pec tion.
C. Revoc ation or Suspension of the Licens es. Any failure or refus al of any s uch lic ens ee to mak e any s tatement as required within the time required, or to pay s uch sums due as gross revenue lic ens e fees when the same are due and pay able in ac cordance with the provis ions of this chapter, shall be and constitute full and sufficient grounds for the revocation or s uspension of the licenses issued pursuant to this chapter in the s ole discretion of the city council. The c ity council may, instead of revoc ation or sus pens ion, impose a fine of not less than $200.00, plus accrued interest at the rate of 10 percent for eac h and every failure to pay the gross revenue lic ens e fee.
D. Fee Amendment. The city c ounc il may amend, alter, inc rease, or decrease any of the fees presc ribed in this chapter, and in lieu of any gross receipts tax imposed by the Bell Gardens Munic ipal Code amend, alter, increas e, or decreas e the gross revenue lic ense fee s et forth in s ubs ection (A) of this s ection. Any change in fees for the gross revenue license fee shall be duly approved by the majority of the city c ounc il by resolution. (Ord. 808 § 1, 2007; Ord. 684 § 1, 1997; Ord. 651 § 1, 1996. Formerly 5.25.100).
The Bell Gardens Municipal Code is current through Ordinance 928, and legislation passed through December 12, 2022.
Bel l Gardens Munici pal C ode 5.25.120 Gross revenue license fees.Page 2 of 2 81Exhibit 2
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 9.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Community D evelopment Director
Veronica J aramillo, Housing S pecialist
S UB J E C T:C O NS I D E RAT IO N O F P RO F E S S IO NAL S E RV IC E S AG RE E M E NT B E T WE E N RE V E NUE & C O S T S P E C IAL I S T S , L L C AND T HE C IT Y F O R T HE P RE PARAT I O N O F A RE NT
S TAB I L IZAT IO N AND T E NANT E V I C T IO N P RO T E C T IO NS (RS T E P ) P RO G RAM
C O M P RE HE NS I V E F E E S T UD Y
D AT E:March 13, 2023
RE C O M M E ND AT IO N:
I t is staff’s recommendation that the City C ouncil adopt the attached resolution approving a P rof essional S ervices Agreement (“P S A ”) with R evenue & C ost S pecialists, L L C (“R C S”), f or the preparation of a comprehensive fee study associated with the City's Rent S tabilization and Tenant E viction P rotections Ordinance.
B AC K G RO UND/D IS C US S I O N:
On S eptember 22, 2022, the C ity C ouncil adopted Ordinance No. 925, which added C hapter 5.62 “Rent Stabilization” and Chapter 5.63 “Tenant E viction P rotections” to Title 5 of the Bell Gardens Municipal C ode. T he ordinance became ef f ective on October 12, 2022. I t was anticipated with the adoption of the ordinance that a comprehensive f ee study would be required in order to f ully implement the monetary requirements and staf f ing needs of the ordinance.
Staf f prepared and released a R equest for P roposals (“R F P”) on November 14, 2022, to solicit professional services for a comprehensive fee study.
T he R F P requested a scope of services proposal to prepare a comprehensive fee study that would address the following:
1. D evelopment of new program of rental registry fee(s), rates, and charges.
2. C ity staf f allocation.
3. Selection and configuration of database to manage the rental registries.
4. D etermination of the number of rental units in the C ity; and
5. R eview similar f ees and applicability in comparable municipalities and document the findings.
T he primary objective of the R F P was to receive consultant proposals for the preparation and adoption of a comprehensive fee study to determine the appropriate f ees to recover program and administrative costs associated with the services provided to administer Ordinance No. 925. A F ee S tudy is necessary to ensure the City’s proper and timely collection of f ees to offset program costs. 82 E VAL UAT I O N O F C O NS ULTANT P RO P O S AL S
Staf f members of the Community D evelopment D epartment reviewed the proposals received in response to the R F P and interviewed the consultants. Staf f is recommending the selection of R C S Consultants based on subject experience, qualifications, cost, and previous experience with Rent S tabilization and Tenant Eviction P rotections (“R S T E P ") programing and fee studies in the southern C alif ornia region. During the selection panel’s evaluation process, it was discovered that R C S has assisted the C ity of B everly Hills and is currently assisting the C ity of S anta Ana with their Rent S tabilization F ee S tudy.
I f selected, R C S anticipates meeting with City staf f within the coming weeks to understand the R S T E P Program processes and operations and establish appropriate f ees based on a cost analysis. They will then develop a responsive methodology to calculate the estimated costs of providing new services. P rior to implementation, staff will present the recommendations and final report to City C ouncil and pursue an amendment to the f ee schedule to adopt the fees and pursue additional staffing, if necessary, based on the recommendation of the cost study.
C O NC L US I O N:
I t is recommended that the City Council adopt the attached R esolution No. 2023-17 approving a P rofessional Services A greement with R C S, L L C for the preparation of the B ell Gardens comprehensive f ee study associated with the newly adopted R S T E P ordinance (Ordinance No. 925).
F I S C AL I M PAC T:
T he consulting services to be provided are based on an hourly rate with a not-to-exceed amount of $41,200 f or the tasks identified in the R F P. Staf f is requesting an appropriation f rom the General F und in the amount of $41,200.
AT TAC HM E NT S :
D escription
Exhibit 1 - Resolution No. 2023-17
Exhibit 2 - Agreement with R C S
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 83 RESOLUTION NO. 2023-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AN AGREEMENT WITH
REVENUE & COST SPECIALISTS, LLC FOR PREPARATION OF A FEE STUDY
WHEREAS, the City of Bell Gardens (“City”) requires consulting services for the preparation and adoption of a comprehensive fee study associated with the newly adopted Rent Stabilization Ordinance; and
WHEREAS, City has undergone a Request for Proposals (“RFP”) process in accordance with the City’s Purchasing Policies and State Law; and
WHEREAS, Revenue & Cost Specialists, LLC (“RCS”) represents that it is fully qualified to perform such professional services by virtue of its experience, training, education, and expertise; and
WHEREAS, City believes that RCS is qualified to assist the City with the required services; and
WHEREAS, City desires to enter into a Professional Services Agreement with RCS in the amount of $41,200 for the preparation of a fee study.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council finds that the City has complied with its local purchasing policy through the issuance of a Request for Proposals.
SECTION 3. The City Council hereby approves a Professional Services Agreement with Revenue & Cost Specialists, LLC for the preparation of a comprehensive fee study shall not exceed cost of $41,200.
SECTION 4. The City Council further authorizes the City Manager to execute the agreement with Revenue & Cost Specialists, LLC consistent with this Resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution, enter it into the book of original Resolutions, and it shall become effective immediately upon its approval.
84Exhibit 1
Resolution No. 2022-17
2 of 2
PASSED, APPROVED AND ADOPTED this 13th day of March 2023.
THE CITY OF BELL GARDENS
________________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
85Exhibit 1
1 2023
PROFESSIONAL SERVICES AGREEMENT
(Engagement: Comprehensive Fee Study Associated with Rent Stabilization Ordinance) (Parties: Revenue & Cost Specialists, LLC and City of Bell Gardens)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 13th day of March 2023 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and REVENUE & COST SPECIALISTS, LLC (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional consulting services preparation of a fee study towards the implementation of Ordinance No. 925; and
WHEREAS, CITY issued a Request for Proposals on November 14, 2022; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through October 1, 2023 (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Request for Proposals for Rent Stabilization and Tenant Eviction Protections Program Comprehensive Fee Study City Wide” (hereinafter, “CITY RFP”) dated November 14, 2022, and the written proposal of CONSULTANT entitled “Proposal for Rent Stabilization and Tenant Eviction Protections Program Comprehensive Fee Study ” 86Exhibit 2
2 (hereinafter, the “CONSULTANT PROPOSAL”) dated January 19, 2023.
The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of W ork is attached, the provisions of this Agreement shall govern and control.
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform Work continuously and with due diligence so as to complete the Work within the Term of this Agreement;
B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;
C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner;
D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with “Cost Pricing” which is attached as part of the CONSULTANT PROPOSA L. The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of Forty-One Thousand Two Hundred Dollars ($41,200) (hereinafter, the “Not-to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council.
In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated ex penditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded 87Exhibit 2
3 calendar month, including services and tasks performed and the reimbursable out - of-pocket expenses incurred. If the amount of CONSULTANT’s compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Gustavo Romo, Director of Community Development (hereinafter, the “City Representative”), to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Eric Johnson, President, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences 88Exhibit 2
4 and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and 89Exhibit 2
5 made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, 90Exhibit 2
6 methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any 91Exhibit 2
7 obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
92Exhibit 2
8 3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, 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 effective upon notice.
93Exhibit 2
9 3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experi ence, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance o f this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.
Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation du e to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement , or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
94Exhibit 2
10 4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volun teers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
95Exhibit 2
11 5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or 96Exhibit 2
12 task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or 97Exhibit 2
13 available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in 98Exhibit 2
14 the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetical ly and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or oth er similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
Revenue & Cost Specialists, LLC
1519 E. Chapman Avenue
Suite C
Fullerton, CA 92831
Attn: Eric Johnson, President
Phone: (714) 992-9027
City of Bell Gardens
7100 S. Garfield Avenue
Attn: Community Development
Department
Phone: 562-806-7700
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are 99Exhibit 2
15 reasonably necessary, appropriate or convenient to ach ieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this 100Exhibit 2
16 Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and sig ned by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Sect ion
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to 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 three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative 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 City Representative such delay is justified. The City Representative’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 101Exhibit 2
17 of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
102Exhibit 2
18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Stephanie Vasquez, City Attorney
REVENUE & COST SPECIALISTS, LLC:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
103Exhibit 2
19 EXHIBIT “A”
CITY RFP
104Exhibit 2
REQUEST FOR PROPOSALS
Rent Stabilization and Tenant Eviction Protections Program Comprehensive Fee Study
City Wide
RFP Release Date
November 14, 2022
Proposal Submittal Deadline
5:00 p.m., Thursday, December 15, 2022
Contact Person:
Steven Jones, City Planner
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7723
[email protected]
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.bellgardens.org105Exhibit 2
Table of Contents
Table of Contents .................................................................................................................... 2 Introduction .................................................................................................................................. 3 Submittal Procedures/Deadline ............................................................................................... 3 Definitions, Terms, and Conditions .......................................................................................... 4 Background .............................................................................. ............................................... 6 Scope of Services ..................................................................... ............................................... 6 Proposal Format and Content Requirements ........................... ............................................... 7 Evaluation Criteria .................................................................... ............................................... 9
TABLE OF CONTENTS
106Exhibit 2
The City of Bell Gardens (“City”) is seeking qualified consultants with proven expertise to submit a proposal to perform a comprehensive fee study associated with the newly created Rent Stabilization and Tenant Eviction Protections Program (“RSTEP Program”). The City’s newly adopted Rent Stabilization and Tenant Eviction Protections Ordinance (“Ordinance”), which became effective October 12, 2022, requires the Community Development Department to administer the RSTEP Program and implement and enforce the provisions of the Ordinance.
The RSTEP Program is staffed by existing employees and a new housing specialist, and its operating budget is funded by the general fund through June 30, 2023.
It is the intent of the City to select a single consultant to accomplish and/or supply all services outlined in this Request for Proposals (“RFP”).
Proposals must be responsive to the City’s request. The City shall determine the most responsive and qualified consultant providing the best service at the most reasonable cost.
Cost alone shall not be the determinative factor.
Submittal Procedures/Deadline
To be considered, the City must receive four copies of the proposal (two (2) bound, one (1) unbound and (1) electronic version) emailed to [email protected] and [email protected]), shall be submitted no later than 5:00 p.m. on Thursday, December 15, 2022, to the City Clerk’s Office. The electronic version of the proposal must be an exact duplicate of the hard copies and the subject line must read “RSTEP Program RFP Response.” If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.
Postmarks by this date are not acceptable and facsimiles will not be accepted . Please mail or deliver your response in a sealed envelope with “RSTEP Program RFP Response” written below the address label and addressed as follows:
City Clerk’s Office
Attention: Daisy Gomez, City Clerk
RSTEP Program Fee Study RFP Response
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Questions and Inquiries
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Steven Jones, City Planner, at [email protected]. The deadline for written questions and inquiries is November 29, 2022. City Hall is open Monday through Thursday from 7:30 AM to 6:00 PM.
INTRODUCTION
SUBMITTAL PROCEDURES/DEADLINE
107Exhibit 2
The tentative schedule for this RFP is as follows:
Release of RFP Monday, November 14, 2022.
Deadline for Questions and Inquiries Tuesday, November 29, 2022, by 5:00 PM.
Virtual Meeting Question and Answer Session Wednesday, November 30, 2022, 3:00 PM.
Proposal Submission Deadline Thursday, December 15, 2022, by 5:00 PM.
Interviews for Qualified Consultants Week of December 19, 2022.
City Council Consultant selected/Contract
Approval
Monday, January 23, 2023.
Definitions, Terms, and Conditions
Definitions: To simplify and clarify the language throughout this Request for Proposals, the following definitions shall apply:
CITY COUNCIL: The elected officials of the City of Bell Gardens, who have been given the authority to exercise such powers and jurisdiction on all City business as conferred by the State Constitution and the City of Bell Gardens Municipal Code.
CONTRACT: An agreement between the City and the selected consultant to furnish professional services over a designated period (such as, in the sample form attached as Exhibit 1).
CONSULTANT: Organization, firm or individual offering a proposal in response to this RFP.
Proposal General Terms and Conditions:
Electronic Documents
Consultants may be supplied with the original RFP documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, each Consultant agrees not to edit or change the language or format of these documents. Submission of a proposal by Consultants signifies full agreement with this requirement.
Receipt of Proposals
Submitted proposal(s) must be properly addressed and received by the City prior to the date and time specified. The mere fact that the proposal was dispatched will not be considered; the Consultant must ensure that the proposal is delivered.
Proposals received after the date and time specified shall be returned and will be considered void and unacceptable. The City is not responsible for the lateness of the mail carrier, etc.; and the time/date stamp of receipt by the City Clerk’s Office shall be the official time of receipt.
Alterations
Proposal documents cannot be physically altered or amended after the closing date. Alterations
DEFINITIONS, TERMS, AND CONDITIONS
108Exhibit 2
made before closing must be initialed by the Consultant to guarantee authenticity. Proposals may not be withdrawn after the proposal closing date and each Consultant agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before a contract is awarded as further described below.
Communication
The City shall not be responsible for any verbal communication between any employee of the City and any proposing Consultant. Only written requirements and qualifications will be considered.
No oral statement of any person shall modify or otherwise chang e, or affect the terms, conditions, or specifications stated in the resulting contract .
Reservations
This RFP does not obligate the City to award a contract and the City reserves the right to accept or reject any or all proposals received because of this request, to negotiate with all qualified sources, or to cancel, in part or in its entirety, this RFP if found in the best interest of the City.
Reimbursements
All costs incurred in the preparation of a proposal, the submission of additional information, and/or any other aspect of preparing a proposal will be borne by the Consultant.
Certification
Any proposal that does not contain all the information requested in this RFP will be considered incomplete and may be rejected by the City.
Funding
The City operates and is funded on a fiscal year basis. Accordingly, the City reserves the right to terminate, without any liability, any contract for which funding is not available.
Negotiations
Negotiations may be conducted with responsible firms who submit proposals that are reasonably susceptible of being selected . All firm(s) reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single contract, the City reserves the right to negotiate a contract with more than one firm.
Additional Information
During the proposal evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from proposers. The City also reserves the right to investigate the qualifications of the proposing Consultant(s) as it deems appropriate.
RFP
Proposers should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP. 109Exhibit 2
All data, documents and other products used during the life of the project will remain in the public domain upon the project's completion. Similarly, all responses to this RFP will become the property of the City and will be retained or disposed of in the City’s discretion.
Award of the Contract
Award of the contract will be by the City Council at a public meeting.
The City of Bell Gardens is a General Law City governed by an elected five-member City Council that appoints the City Manager. The City has a population of approximately 42,000 in an area of 2.4 square miles and is located in the southeastern part of Los Angeles County.
The City is seeking the services of an experienced professional consulting firm to conduct a comprehensive fee study to determine appropriate program fees for the City’s newly created RSTEP Program in order to recover all program costs associated with services provided by the RSTEP Program. The assistance to be provided by the Consultant is necessary to ensure the City’s proper and timely collection of fees and expenditures of program funds.
The selected Consultant will be responsible for providing the following services to the City:
1.Development of new program fee(s), rental registry rates and charges including:
a.Meet with City staff and conduct interviews, as needed, to gain an understanding of the City’s RSTEP Program processes and operations.
b.Conduct interviews with members of the City’s rent control ad hoc committee, as needed.
c.Review the following City documents:
-Ordinance (Exhibit 2)
d.Document the justification for the implementation of each fee and its rate. e.Document the justification for the potential implementation of a rental board and its associated costs.
f.Review similar fees and applicability in comparable municipalities and document the findings.
2.Costs should include:
a.Appropriate general and administrative overhead allocations to RSTEP Program activities, including but not limited to:
-Registry data base creation and maintenance,
-City staff allocation, and
-City attorney costs
BACKGROUND
SCOPE OF SERVICES
110Exhibit 2
b.Applicable overhead rates for use in calculating the City’s billable hourly rates, c.Potential future efforts associated with verifying voluntary or required capital improvement projects, and
d.Appropriate, separate, and specific administrative overhead allocations to RSTEP Program activities for a Rent Board administration and compensation.
3.Report on other matters revealed during the Consultant’s evaluation that the City should consider addressing.
4.Present all draft findings to Community Development Director and designated City team for review; and make presentation of final report and conclusions to City Council.
5.Provide a completed draft report to be reviewed by Community Development Director, City Attorney, and City Management team prior to finalizing. The draft and final fee study report should include the following:
a.Background information
b.Description of overall methodology.
c.Supporting justifications for the implementation of each new program fee and its applicable rate.
d.Recommendations regarding the use of fees based on the research and cost analysis performed by the Consultant and the Consultant’s knowledge and expertise of municipal fees. Specifically, with a comparison of fees charged in other jurisdictions with similar programs and services. e.Best practices for establishing new fees and a model or methodology to allow the City the ability to calculate the estimated costs of providing any new services under potential consideration, including a rent board.
f.Any additional matters that City staff should be made aware of, findings, and recommendations.
6.Attend staff and public meetings, as needed upon request by the Community Development Director.
The following instructions describe the form in which proposals must be submitted.
Responses to the following items will be used for proposal evaluation . Proposals that do not contain responses to each of the requirement items will be considered incomplete and may be rejected.
Proposal documents should provide a straightforward, concise description of the Consultant’s
PROPOSAL FORMAT AND CONTENT REQUIREMENTS
111Exhibit 2
capabilities to satisfy the requirements of this RFP . Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City . The requirements stated do not preclude a proposer from furnishing additional reports, functions, and costs as deemed appropriate.
The proposal must contain the following eight (8) elements describing how the Consultant will perform the assignment:
1.Transmittal Letter
A letter of transmittal signed by an individual authorized to bind the proposer stating the proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a) company name and address; and b) an executive summary briefly describing the proposer’s ability to perform the work requested, a history of the proposer’s background and experience providing services.
Conflict of Interest Statement: The proposer shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract. Particular attention should be paid to compliance with Government Code section 1090.
2.Work Plan/Project Approach
Include description of a) the approach and methodology to be taken in addressing the scope of work, b) a listing of the specific tasks, milestones and deliverables required to properly perform the services, and c) a timeline from inception to completion.
3.Management and Staffing
Describe the management and staffing configuration to be utilized to complete the scope of work. Describe the qualifications of staff to be assigned to the project, their title, and types and amount of equivalent experience. Resumes of all proposed personnel must be included. The proposal must indicate who will have primary responsibility for this project.
4.Qualifications, Prior Related Experience and References Firms or individuals must demonstrate competence and capability to satisfactorily perform the scope of work. A description of the proposer’s history, organization structure and related work experiences should be included. Identify the relevant studies performed by the proposer in the last five (5) years.
112Exhibit 2
A list of at least three (3) recent references, including local government agencies where a similar service is or has been provided and any private clients. Include a) the names and telephone numbers of the firm and the key managers and professionals assigned to the project, b) brief description of the project, and c) time period for the project.
5.Cost and Pricing
Proposals must include staff hourly rates, plus overhead, travel and any additional project costs proposed. All items must be itemized in detail. The total project cost must be expressed as a “Not to Exceed” amount for items 1-6 under the “Scope of Services” section in this RFP.
In addition, an hourly fee schedule must be submitted with the proposal. If the scope of work is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly rates.
6.Additions or Exceptions
A single and separate section with the heading “ADDITIONS OR EXCEPTIONS TO THE CITY’S REQUEST FOR PROPOSAL” containing a complete and detailed description of all the Consultant’s exceptions to the provisions and conditions of the attached City standard professional services contract.
7.Pending Litigation
Include an explanation and status, if in the last five years, the firm or an office or principal of the firm has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority.
8.Proof of Insurance
Evidence of insurance coverages must be included.
The award of this agreement will be made to the most qualified Consultant whose proposal complies with the prescribed requirements. The City reserves the right to reject any or all proposals and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City . In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Consultant
EVALUATION CRITERIA
113Exhibit 2
to whom it is proposed to make such award.
Proposals will be reviewed and evaluated by the Community Development Director and City staff, and ranked based on the following considerations:
•Work plan and approach to scope of work
•Experience of proposed personnel and the Consultant in providing services, including individual team members assigned to various tasks •Completeness and thoroughness of the proposal
•Demonstrated understanding and ability to complete the scope of work •Proven record for completing similar projects on time and within budget with other government agencies
•Pricing
If further clarifications or negotiations are required, on-site interviews may be conducted.
Participation in these interviews will be at the expense of the Consultant(s). The interview panel will be made up of staff members or representatives from the City . Recommendations will be forwarded to the City Council for final selection and award.
Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may not be given further consideration.
Each proposal will be considered along with those of other responding Consultants, with respect to ability to perform effectively and efficiently those Scope of Services outlined above.
Close coordination with the City is required to assure that all requirements will be met . The City reserves the right to withdraw this RFP at any time without any prior notice . Further, the City makes no representations that any contract will be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s).
114Exhibit 2
Exhibit 1
115Exhibit 2
1 2022
PROFESSIONAL SERVICES AGREEMENT
(Engagement: Rent Stabilization and Tenant Eviction Protections Program Comprehensive Fee Study)
(Parties: City of Bell Gardens and ________________________________)
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Bell Gardens (“City”), a California municipal corporation and ____________________ (“Consultant”). The capitalized term “Party” or “Parties” may refer to either City or Consultant, interchangeably as appropriate.
2. RECITALS
WHEREAS, City requires consulting services to the Community Development Department to address and create _____________________________________. The Rent Stabilization and Tenant Eviction Protections Program Comprehensive Fee Study will be prepared to comply with the following applicable state -required goals, policies, and objectives; and
WHEREAS, City staff has determined that Consultant possesses the experience, skills and training necessary to competently provide such services for City.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
3. DEFINITIONS
“Effective Date”: Date of when Agreement is fully executed by all Parties.
4. TERM
This Agreement shall have a term commencing from the Effective Date through December 15, 2024 (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the City’s ability to terminate this Agreement at any time for convenience or for cause as provided under Section 17 (Termination), below.
5. SCOPE OF WORK
5.1 Subject to the terms and conditions of this Agreement, Consultant agrees to provide the services and tasks described in that certain City Request for Proposals entitled “Request for Proposals Rent Stabilization and Tenant Eviction Protections Program Comprehensive Fee Study” issued November 14, 2022, (hereinafter the “City RFP”) and the written proposal of Consultant entitled “City of Bell Gardens Rent Stabilization and Tenant Eviction Protections Program Comprehensive Fee Study ” 116Exhibit 2
2 (hereinafter the “Consultant Proposal”) dated ________________. The City RFP and the Consultant Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the City RFP and the Consultant Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled City RFP and the provisions of the document entitled Consultant Proposal, the requirements of the document entitled City RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
5.2 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Work. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall identify a project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’ prior written consent.
5.3 Consultant understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance.
5.4 Consultant shall not claim or be entitled to receive an y compensation or damage because of the failure of Consultant, or its subconsultants, to have related services or tasks completed in a timely manner.
5.5 Consultant shall at all times enforce strict discipline and good order among Consultant’s employees.
5.6 Consultant, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
5.7 Consultant shall obtain a City business license prior to commencing performance under this Agreement. Consultant shall perform all work to the highest professional standards of Consultant’s profession and in a manner, reasonably satisfactory to City. Consultant shall comply with all applicable federal, state, and local laws and regulations (including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)).
During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing to Consultant’s performance of such work.
5.8 All of Consultant’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them 117Exhibit 2
3 by Consultant.
5.9 All of Consultant’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to City for copying and inspection.
5.10 The Parties acknowledge and agree that Consultant will perform, at Consultant’s own cost and expense and without any reimbursement from City, any services necessary to correct any errors or omissions caused by Consultant’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of Consultant’s employees, agents, contractors, subcontractors and subconsultants.
Such effort by Consultant to correct any errors or omissions will be comme nced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the city representative in writing and in their sole and absolute disc retion. The Parties acknowledge and agree that City’s acceptance of any work performed by Consultant or on Consultant’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree t hat CITY has relied upon the foregoing representations of Consultant, including but not limited to the representation that Consultant possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of Consultant’s profession.
5.11 The City hereby designates Gustavo Romo, Director of Community Development, (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Represen tative or their designee will act on behalf of the City for all purposes under this Agreement. Consultant will not accept directions or orders from any person other than the City Representative or their designee.
5.12 Consultant hereby designates __________________________ to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satis factory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to Consultant.
5.13 Consultant agrees to work closely with City staff in the performance of the Work and this Agreement and will be available to City staff and the City Representative at all reasonable times. All work prepared by Consultant will be subject to inspection and approval by City Representative or their designees.
118Exhibit 2
4 6. COMPENSATION
6.1 Consultant shall perform the Work in accordance with the Cost and Pricing which is incorporated to the Consultant Proposal (hereinafter “Compensation Rate”).The foregoing notwithstanding, Consultant’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of ________________________________________________________________ (hereinafter the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event Consultant’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, City may suspend Consultant’s performance pending City approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other City approved amendment to the compensation terms of this Agreement.
6.2 The Not-to-Exceed Sum will be paid to Consultant in monthly increments as the Work is completed. Following the conclusion of each calendar month, Consultant will submit to City an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of Consultant’s monthly compensation is a function of hours worked by Consultant’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, City will notify Consultant in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, City will pay all undisputed amounts included on the invoice. City will not withhold applicable taxes or other authorized deductions from payments made to Consultant.
7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents, or other written material (hereinafter “written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City.
8. RELATIONSHIP OF PARTIES
Consultant is and shall remain at all times as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner City employees. Consultant is not, nor shall be come, by virtue of performance of the professional services provided under this Agreement, entitled to any City employee 119Exhibit 2
5 benefits, including but not limited to health insurance, dental insurance, vacation pay, retirement pension, unemployment insurance or workers’ compensation insurance.
9. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.
10. INDEMNIFICATION
10.1 The Parties agree that City and City’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify, defend and protect City as set forth herein.
Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.
10.3 City shall have the right to offset against the amount of any compens ation due to Consultant under this Agreement, any amount due to City from Consultant as a result of Consultant’s failure to either pay City promptly for any costs associated with Consultant’s obligations to indemnify the City Indemnitees under this Section, or related to Consultant’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.
10.4 The obligations of Consultant under this Section will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City and City’s elected and appointed officials, officers, employees, agents, and volunteers. 120Exhibit 2
6 10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, e rrors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
10.6 City does not, and shall not waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
10.7 This Section and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
11. INSURANCE
11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
11.1.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate including products and Completed operations hazard, contractual insurance, broad form property damage, independent Consultants, personal injury.
11.1.2 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 work 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. Professional liability (Errors & Omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be 121Exhibit 2
7 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.
11.1.3 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.
11.1.4 Worker’s Compensation insurance as required by the laws of the State of California and Employer’s Liability Insurance (with limits of at least $1,000,000).
11.1.5 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
11.2 Consultant shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
11.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
11.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
11.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’ Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’ Risk Manager such certificate(s).
11.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
11.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement 122Exhibit 2
8 shall contain an endorsement providing that the policies cannot be canceled or redu ced except on thirty (30) days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
11.8 The insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
11.9 Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
11.10 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.
12. MUTUAL COOPERATION
City shall provide Consultant with complete access to information for the proper performance of Consultant’s services under this Agreement.
13. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
14. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement.
15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’ regular business hours; or (ii) on the third (3rd) business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City: If to Consultant:
City of Bell Gardens
7100 S. Garfield Ave.
______________________
______________________
123Exhibit 2
9 Bell Gardens, California 90201
With a courtesy copy to:
Rick Olivarez,
Olivarez Madruga Law Organization, LLP
500 S. Grand Ave., Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093
______________________
______________________
______________________
16. SURVIVING COVENANTS
The termination of this Agreement pursuant to any provision of this Section or by normal expiration of its term or any extension thereto will not operate to terminate any Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
17. TERMINATION
17.1. City may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of City’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, Consultant will be compensated only for those services and tasks which have been performed by Consultant up to the effective date of the termination. Consultant may not terminate this Agreement except for cause as provided under Section 17.2, below. If this Agreement is terminated as provided herein, C ity may require Consultant to provide all finished or unfinished Documents and Data, and other information of any kind prepared by Consultant in connection with the performance of the Work. Consultant will be required to provide such Documents and Data within fifteen (15) calendar days of City’s written request. No actual or asserted breach of this Agreement on the part of City pursuant to Section 17.2, below, will operate to prohibit or otherwise restrict City’s ability to terminate this Agreement for convenience as provided under this Section .
17.2 In the event either Party fails to perform any duty, obligation, se rvice or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 17.3 and 17.4, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
124Exhibit 2
10 17.3. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 17.3 that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 17.3(ii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
17.4 In addition to any other failure on the part of Consultant to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of Consultant will include, but will not be limited to the following: (i) C onsultant’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) Consultant’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) Consultant’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Consultant, whether voluntary of involuntary; (v) Consultant’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) C ity’s discovery that a statement representation or warranty by Consultant relating to this Agreement is false, misleading or erroneous in any material respect.
17.5. City will cure any Event of Default asserted by Consultant within forty-five (45) calendar days of Consultant’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45 -day cure period. The foregoing notwithstanding, an Event of Default dealing with City’s failure 125Exhibit 2
11 to timely pay any undisputed sums to Consultant will be cured by City within five (5) calendar days from the date of Consultant’s Default Notice to City.
17.6. City, in its sole and absolute discretion, may also immediately suspend Consultant’s performance under this Agreement pending Consultant’s cure of any Event of Default by giving Consultant written notice of City’s intent to suspend Consultant’s performance (hereinafter, a “Suspension Notice”). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Consultant will be compensated only for those services and tasks which have been rendered by Consultant to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of C ity will operate to prohibit or otherwise restrict City’s ability to suspend this Agreement as provided herein.
17.7. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach . No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
17.8. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to Consultant, the City may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to Consultant, the City may extend the time of performance;
iii. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Consultant’s breach of the Agreement or to terminate the Agreement; or
iv. The City may exercise any other available and lawful right or remedy.
17.9 Consultant will be liable for all legal fees plus other costs and expenses that City incurs upon a breach of this Agreement or in the City’s exercise of its remedies under this Agreement.
17.10. In the event City is in breach of this Agreement, Consultant’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to Consultant under this Agreement for completed services and tasks.
18. GENERAL PROVISIONS
18.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, with out City’s prior written consent, and any 126Exhibit 2
12 attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in t he construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
18.4 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition or of any subsequent breach of the same or any other ter m, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
18.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
18.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies. In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees, if any, and attorneys’ fees expended in such action subject to the limitations contained in Section 10. The venue for any litigation shall be Los Angeles County, California.
18.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not 127Exhibit 2
13 be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
18.8 This Agreement shall be governed and construed in accordance with the laws of the State of California.
18.9 All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations here from shall be effective and binding only if made in writing and executed by City and Consultant.
[SIGNATURES ON NEXT PAGE]
128Exhibit 2
14 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
“City” “Consultant”
City of Bell Gardens ____________________
By:_____________________________ By:_____________________________ Michael B. O’Kelly, City Manager
Date:_______________ Date:__________________
Approved as to form:
By:
Rick Olivarez, City Attorney
129Exhibit 2
15 EXHIBIT “A”
CITY RFP
130Exhibit 2
16 EXHIBIT “B”
CONSULTANT PROPOSAL
131Exhibit 2
Exhibit 2
132Exhibit 2
133Exhibit 2
134Exhibit 2
135Exhibit 2
136Exhibit 2
137Exhibit 2
138Exhibit 2
139Exhibit 2
140Exhibit 2
141Exhibit 2
142Exhibit 2
143Exhibit 2
144Exhibit 2
145Exhibit 2
146Exhibit 2
147Exhibit 2
148Exhibit 2
149Exhibit 2
150Exhibit 2
151Exhibit 2
152Exhibit 2
153Exhibit 2
154Exhibit 2
155Exhibit 2
156Exhibit 2
157Exhibit 2
158Exhibit 2
159Exhibit 2
160Exhibit 2
161Exhibit 2
162Exhibit 2
163Exhibit 2
164Exhibit 2
165Exhibit 2
166Exhibit 2
167Exhibit 2
168Exhibit 2
169Exhibit 2
170Exhibit 2
171Exhibit 2
172Exhibit 2
173Exhibit 2
174Exhibit 2
175Exhibit 2
176Exhibit 2
177Exhibit 2
178Exhibit 2
179Exhibit 2
180Exhibit 2
20 EXHIBIT “B”
CONSULTANT PROPOSAL
181Exhibit 2
Proposal for the City of Bell Gardens
Rent Stabilization and Tenant
Eviction Protections Program
Comprehensive Fee Study
1519 E Chapman Ave
Suite C
Fullerton, CA 92831
(714) 992-9020
www.revenuecost.com 182Exhibit 2
TABLE OF CONTENTS JANUARY 19, 2023
Transmittal Letter ......................................................................................................................................................... 3
Work Plan/Project Approach ................................................................................................................................... 5
Management and Staffing ....................................................................................................................................... 11
Qualifications, Prior Related Experience and References. ....................................................................... 17
Cost Pricing .................................................................................................................................................................... 20
Additions or Exceptions ............................................................................................................................................ 21
Pending Litigation ...................................................................................................................................................... 21
Proof of Insurance ...................................................................................................................................................... 21
183Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
January 19, 2023
Steven Jones, City Planner
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Proposal for Rent Stabilization and Tenant Eviction Protections Program Comprehensive Fee Study
Revenue & Cost Specialists, LLC (RCS) appreciates the opportunity to submit this proposal for a Rent Stabilization and Tenant Eviction Protections Program Comprehensive Fee Study.
This proposal includes additional services in assisting with the planning, development, and implementation of the City’s Rent Stabilization and Tenant Eviction Protections (RSTEP) Program.
We have been providing costing services since 1980, making us the first and foremost authority in costing services for California. The four Partner’s 100 years of combined experience and knowledge in this industry will ensure a successful project that’s on time and under budget, and only RCS principals will work with Bell Gardens. We have a history of delivering quality reports with defensible data that can be acted on and adopted.
Our process is straightforward, imposes minimal impact on staff, and provides proper information which will allow staff, City Council and other stakeholders to make the best policy decisions for the City. We strive to ensure confidence in the information and recommendations of the final Report, and as former city staff ourselves, we understand what you need and want, how a city generally operates, and that your time is precious.
RCS is not aware of any conflict of interest with the City of Bell Gardens. There are no financial, business or other relationships with the City which may have any impact.
The terms of this proposal will be honored for 90 calendar days from the date of submission.
Please contact Eric at (714) 992-9027 or [email protected] with any questions.
Sincerely,
ERIC S. JOHNSON CHU THAI
President Vice President
184Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
RCS Contacts
Revenue & Cost Specialists, LLC
1519 E Chapman Ave, Ste C
Fullerton, CA 92831
www.revenuecost.com
Eric Johnson
President
714-992-9027
[email protected]
Chu Thai
Vice President
714-992-9024
[email protected]
185Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
WORK PLAN/PROJECT APPROACH
All fee calculations begin with a cost allocation plan. The purpose of a cost allocation plan is to distribute costs associated with centralized agency-wide support and management services to the operating departments of the City that provide direct service to the community. RCS will utilize the City’s existing Cost Allocation Plan, and if that is not available or not current, we will calculate a general overhead percentage. A general overhead percentage is less accurate yet still defensible.
Next, RCS will perform the fee study, reviewing
the staff time and program costs involved with
each service and calculating the full cost of
services for each fee. The user fees will represent
how operations are conducted in the City, and
may involve flat fees, deposits, valuation-based
fees, step-increase fees, or a combination of these.
The eventual fee recommendations included in
the final report and master fee resolution will be
defensible, easy to understand, and be supported
by City staff.
The most important part of our work is performed
through a series of focused meetings with staff.
Face-to-face meetings commit staff to the timeline and
ensure that our study draws from the most knowledgeable person on the subject matter. A series of meetings also gives City staff time to digest and reflect on the information generated. RCS uses only company principals with more than 20-plus years of experience to conduct these meetings, which makes the process quicker and the results more accurate. Our process provides the City with well-documented and defensible service costs that will be used to develop fees that comply with Propositions 4, 218 and 26.
We also identify 100% of the staff time on 100% of the services they provide. This gives City staff a complete perspective on their time allocations instead of merely looking at time allocations for individual services in a vacuum. These methods will ensure that City staff feels confident about the data and, therefore, confident in supporting the results in public hearings.
RCS’ process will do more than calculate the desired user fees. We take a deep dive into each and every fee, discussing its purpose, structure, legal defensibility, payment collection effectiveness, and value to the community. Based on our 40+ years of experience, we are comfortable recommending the restructuring, addition and removal of fees to make it better for the City.
186Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
RCS’ Comprehensive Fee Study Will Provide the Following
Project Tasks ‐ RSTEP Fee Study
RCS’ Proposal will perform all scope of work items listed in the City of Bell Gardens Request for Proposal. The task descriptions below further explain the steps and timeline of RCS’ fee study. The City’s RFP shall prevail should there be conflicting language with RCS’ proposal.
Task 1: Obtain Budget, Personnel and other Data
RCS will review and prepare necessary files for the project. This includes obtaining and reviewing prior cost allocation plans, line-item budget details, salary schedules, MOUs and fringe benefit details, ordinances, policies and procedures, and staff reports.
Task 2: Identify Services and Allocated Resources
RCS will conduct a kick-off meeting with City staff explaining the operational methodology of the study and the role of City staff. We will review any possible issues that may arise as well as answer any questions from City staff about the process.
Through a series of focused meetings, RCS will interview personnel providing end- user services to ensure that costs from all functional areas directly involved with a service are included in the cost of that service. This component will form the bulk of the time spent by staff. There will be four to five meetings with supervisory level staff to create and verify the amount of time spent by staff on the services identified in the task above. We do not ask City staff to do our job by filling out forms detailing where they spend their time.
187Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
Through the meetings with City staff, RCS will discuss all potential rent stabilization program fees and fee calculation methodologies. We will also discuss workflow with City staff, with the objective of developing processes and fees that are easily understood by everyone and best fits the City of Bell Gardens going forward.
We understand that the City of Bell Gardens is in the process of creating the RSTEP, and RCS will conduct cost analysis of all possible components and related services, including an oversight committee comprised of non-city staff.
Task 3: Calculate Full Cost of Services
RCS will develop a fully burdened hourly rate for each program employee, including salaries and benefits, miscellaneous operating service and supply costs, overhead costs, debt service, and other direct costs as identified, which can be used for all charging and costing processes.
Task 4: Draft and Final Report and Review with City Staff
RCS will prepare a Draft Report that identifies the total costs for each service. RCS will review this draft report with the City’s Management team for final input on the fees presented in the final report. Our reports clearly detail the fee descriptions, rate recommendations, calculation methodology, program staffing, and projected revenues and expenditures.
Based on staff input, RCS will prepare a Final Report, which include explanatory text and summary tables to easily explain the results and the context. All recommended fees will be in compliance with Propositions 4, 218, 26, and any other applicable laws.
All supporting documents will be provided to City at project completion.
Task 5: Public Meetings
RCS will participate in up to four public meetings to assist staff and the City Council in the review and adoption of proposed rent stabilization service fees.
Task 6: Sharing of Knowledge
RCS has worked with the City of Beverly Hills and currently working with the City of Santa Ana on their rent control and just cause eviction programs. We have also researched and conducted surveys of other cities in California. RCS will provide the information we collected, and will utilize this experience in best structuring the various RSTEP fees and programs. These hours are embedded in the tasks above.
188Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
Project Tasks – RSTEP Assistance
Based on our research and discussions about the City’s Rent Stabilization and Tenant Eviction Protections (RSTEP) Program, RCS would assist City staff in the planning, development, and implementation of the program.
RCS recommends preliminarily budgeting a not to exceed 100 hours, billed for actual work, on the tasks below. If additional work is required by RCS, it will be the City’s decision to extend the work agreement.
Task 1: Determining the number of rental units in the City
RCS will assist the City in estimating the number of rental units with the following:
- Researching and evaluating the city’s access to and quality of the land use database - Defining filters to determine all properties’ RSTEP eligibility - Exporting the database and preparing it for rental registry - If necessary, researching and recommending a third-party consultant to perform the data extraction and cleanup
The City will be responsible for permitting RCS the appropriate database access necessary to successfully perform this task. The City may also need to purchase the land-use database file.
Task 2: Selection and configuration of database to manage the rental registries, client caseloads, and customer service requests
RCS will assist in the initial assessment, review and selection of a database management system for the City. We will:
- Survey other cities about their software/database systems - Summarize our findings and seek staff’s direction (in-house or outside service) - If outside service, draft an RFP, identify vendors, and participate in the review. - Assist staff in the configuration of the system and design of the user interface
The City will be responsible for sending out any RFP, developing any staff report with recommendations and updates to the City Council, and the cost to purchase and maintain such system.
Task 3: Assist in the development of program services, and documenting workflow
With decades of experience in costing out and administering city services, RCS can assist staff in defining and developing the RSTEP services which best services the City.
We could also create easily understood organizational chart, workflows and Gantt charts for the City, which would help its successful program implementation. 189Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
Task 4: Municipal finance and information technology assistance
As former municipal finance staff, RCS would coordinate with the City’s Finance Department. Finance related tasks include possible establishment of an RSTEP Fund, and developing of its budget, developing policies and procedures for online transactions, and testing any online portals.
CLIENT INPUT
RCS will make every effort to advise, seek input from and, in general, explain the work as it is being performed. For a project to be completed successfully, we depend on dedicated and engaged staff participation. Most of the staff participation is to attend working meetings with RCS. There will be no “homework” to be completed and returned to us.
The City should also designate a Project Manager for the fee study who will:
1) Identify key City staff and coordinate the kick-off meeting(s) 2) Assist in obtaining requested information
3) Coordinate the review of draft reports, and
4) Provide project direction if needed
ONSITE MEETINGS AND VIDEO CONFERENCING MEETINGS
RCS is available to be onsite at the City for the project kick-off meeting and all working meetings occurring the same day. RCS Partner(s) will also be present at all public meetings involving the City Council.
RCS will utilize our Zoom account, or any video conferencing platform of the City’s choosing, to facilitate all other working meetings. Our experience has determined that the use of video conferencing is more flexible in scheduling meetings, permitting City staff to quickly access reports and files on their computers, and allowing everyone to view and discuss the same documents at the same time.
190Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
PROJECT TIMELINE
For the Fee Study, RCS can begin work in February, and will present the Final Fee Report to the City in May 2023. We will make ourselves available to attend any necessary public meetings after the delivery of the final report.
RCS would provide the optional RSTEP Planning, Development and Implementation assistance as needed.
Fee Study
Feb
2023
Mar
2023
Apr
2023
May
2023
Obtain Budget & Personnel Data
Identify services and Allocated resources
Calculate Full Cost of Services
Draft Report
Final Report
Public Meetings
RSTEP Planning, Development and
Implementation
May
2023
Jun
2023
Jul
2023
Aug
2023
Sep
2023
Oct
2023
Determine an accurate number of units
Selection of a database/application
Assist in program development
Municipal finance and IT assistance
191Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
MANAGEMENT AND STAFFING
ABOUT RCS
RCS (Taxpayer ID No. 330787781) was founded in 1980
by two former City Managers and a Finance Director who, after the passage of Propositions 13 and 4, discovered that user fees were a legal option to recover lost municipal revenues. Forty-one years later, Revenue & Cost Specialists continues its focus on cost allocation and user fee calculation services.
After the passage of AB 1600 in 1988, our company added impact fee calculation services to help municipalities finance public facility expansion. In those early years, RCS principals published articles and presented at conferences on how user fees and impact fees worked.
By the mid-1990s, RCS was a company with 25 employees, yet we were not happy with the business model. We strategically downsized, and the remaining four principals focused on service delivery, no longer worrying about revenue growth or competing market shares.
Now, RCS principals commit resources to client satisfaction and long-term relationships. To this day, RCS continues to thrive through repeat business, referrals and references. As a small business, RCS takes only a handful of new clients each year, allowing us to spend substantial time with them.
In 2000, RCS created Government Software Systems to develop robust costing software that serves fee calculation needs better than spreadsheets. Our company has provided additional services to municipalities that include long-range financial planning, accounting procedures and utility rate studies. For 2022, RCS is celebrating our 42nd year in business and looking forward to another 40 plus years of partnering with municipalities.
EXPERIENCE OF THE FIRM
RCS’ four principals make up the Limited Liability Company, which has been financially stable since the company started. Combined, RCS principals have over 100 years of experience in cost allocation plans and fee studies and served over 250 municipalities. We have provided these services to a wide array of public agencies, from the smallest special district to larger and more complex cities and counties. Though based in Orange County, we engage in projects throughout the State of California.
192Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
RCS principals specialize in:
User Fee Studies
Cost Allocation Plans
Development Impact Fee Studies
Special studies and reports supporting municipal financing management
These specializations allow RCS to focus on every aspect of municipal fees and be the best of what we do. We are confident in our project time estimates and do not respond to RFPs when the project workload would exceed our capacity. We have suggested new fees that are not common practice throughout the state and have challenged and removed municipal fees that were not defensible. We have assisted municipalities in streamlining their fee-based processes.
All RCS principals have prior city experience, serving as analysts, managers or directors. We are all knowledgeable in fund accounting, department structures and municipal services. We stay current on pending financial and legal issues that challenge municipalities. All principals are comfortable speaking with city staff at all levels, drafting reports and resolutions, and presenting to the public, stakeholders and City Council members.
RCS principals perform all studies in a professional and expedient manner and do not rely on junior staff to perform these vital tasks with our clients. We also don’t rely on status memos because we will be at City Hall quite often to tell you in person how the project is going.
Eric Johnson, President, has streamlined and perfected the process of CAP and User Fee Study engagements. With over 30 years and hundreds of studies completed, Eric has created a superior process that demands little of city staff time while obtaining maximum results.
Eric quickly understands complex city services and how to calculate fees for them. He relates well with elected officials because he responds with candor and brevity. If you speak to any of Eric’s prior or current clients, they will tell you how easy the process was.
Chu Thai, Vice President, joined RCS after 22 years of municipal experience. As a budget manager and finance director, Chu has successfully coordinated user fee increases, impact fee increases, utility rate increases and tax ballot measures. His experience helps clients avoid the unseen perils that jeopardize municipal projects. After project completion, Chu leaves behind well-documented reports and spreadsheets for City staff. The focus of his career has been to improve cities’ financial stability and implement operational effectiveness and efficiencies in local government.
Scott Thorpe, Senior Vice President, joined RCS in 1985. Before that, he spent 13 years at the cities of Chula Vista, Covina, Anaheim and Brea, serving in various roles within the city manager’s offices. Scott performed user fee studies for several years, transitioning to development impact fees when AB 1600 went into effect. He has written articles laying out the fundamentals of impact fees, and his work has generated tens of millions in fee revenues for cities.
193Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
Rick Kermer, Partner, was one of the founders of RCS. Rick used his CPA and audit experience to build cost allocation and user fee spreadsheets and software that passes rigorous analysis and reporting accounting standards. Rick’s work is the foundation of all the fee study work offered today. He is now semi-retired, taking only a handful of projects each year.
RCS is recruiting and training additional team members, as the company is growing and succession planning is desired. Each team member is carefully recruited to ensure we maintain our high quality of work.
BELL GARDENS PROJECT TEAM
While all RCS principals have worked independently on projects, Chu Thai will be the Project Manager and primary contact for the City of Bell Gardens, and Eric Johnson will work behind the scenes, compiling and analyzing the data.
RCS assigns two principals for several reasons. Often, both principals will attend the public hearing because two are better than one when communicating with policy makers and stakeholders. Two principals allow us to internally discuss high-level issues affecting the Bell Gardens project. Most important to RCS, we want our principals to build long-term relationships with all our clients.
Chu Thai has worked with the City of Beverly Hills on their rent control fee, and is currently working with the City of Santa Ana on calculating their rent control and just cause eviction program costs. Chu has been instrumental in establishing unique programs and services for cities, such as starting up the Aquatics Center for the City of Morgan Hill, and outsourcing utility billing for the City of South Pasadena. He has managed numerous IT projects, such as financial software and utility billing software migration, website redesigns, and smartphone application migration.
RCS may assign additional specialists to the project to help maintain the proposed schedule and ensure the quality of the product. For the sake of continuity, only RCS principals will interact with City staff, as our specialization and expertise will allow staff to focus on other City functions. We thoroughly understand and will be involved in every phase of the fee study, advising City staff when necessary.
RCS resumes for the project team are included in this proposal on the following pages. 194Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
EDUCATION
Bachelor of Arts in Political
Science - University of
Redlands
AFFILIATIONS
California Society of
Municipal Finance Officers
Government Finance Officers
Association
Eric S. Johnson
President
Mr. Johnson serves as President of Revenue & Cost Specialists with over 30 years of professional knowledge in cost recovery model and user fee studies. He focuses on providing a positive experience for RCS clients, which minimizes staff interruptions yet still produces a comprehensive, defensible study that is adopted by the governing board.
Municipal Experience
City of Redlands – Redevelopment Intern (1987-1989)
Relevant Project Experience
City of Long Beach – Comprehensive Fee Study: Mr. Johnson is performing a three-year comprehensive update of Long Beach’s fees starting in 2019. The first phase of the project was approved by the City Council in 2021.
City of Santa Clarita – Cost recovery model and
Comprehensive Fee Study: Mr. Johnson developed a Cost
Allocation Plan and Comprehensive Fee Study for the City most recently in 2017 and also annually updates the Cost Allocation Plan. RCS has been providing these services for the City since 1995.
City of Lancaster – Cost recovery model and
Comprehensive Fee Study: Mr. Johnson developed a Cost
Allocation Plan and Comprehensive Fee Study for the City most recently in 2019 and also annually updates the Cost Allocation Plan. RCS has been providing these services for the City since 2006.
City of El Segundo – Cost recovery model and
Comprehensive Fee Study: Mr. Johnson developed a Cost
Allocation Plan and Comprehensive Fee Study for the City most recently in 2018 and also annually updates the Cost Allocation Plan. RCS has been providing these services for the City since 2008.
195Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
EDUCATION
Claremont Graduate
University – Completed
coursework towards
Masters in Public Policy
Cal State Northridge – MA
Public Administration
Cal Poly, Pomona – BS in
Urban and Regional
Planning
AFFILIATIONS
California Society of
Municipal Finance
Officers (CSMFO – Board
Member)
Government Finance
Officers Association
(GFOA)
International
City/County Management
Association (ICMA)
(Cal-ICMA)
Municipal Information
Systems Association of
California (MISAC)
Chu Thai
Vice-President
Mr. Thai provides multiple aspects to the implementation of user fees, impact fees and utility rates. His experience as a municipal finance officer helps clients reach their goal of fee adoption. Chu keeps current of all legal policies which impact the noticing, calculation and reporting of fees.
Municipal Experience
Impact Fees: Cities of Morgan Hill and Monterey Park
Utility Rates: Cities of Morgan Hill, Beverly Hills, South Pasadena and Monterey Park
User Fees: Cities of Claremont, Morgan Hill, Beverly Hills, South Pasadena and Monterey Park
Director of Management Services, City of Monterey Park, CA
Managed department of 15 to provide financial
planning and reporting, revenue collections, treasury,
information technology, telecommunication and
support services
Improved city's revenues through updated user fees,
utility rates, and impact fees
Conducted long-term financial forecasting and analysis Streamlined and enforced purchasing process
Administrative Services Director, City of Stanton, CA
Managed department providing general accounting,
accounts payable, purchasing, payroll, business tax,
treasury, IT and communication services
Updated the City's Investment Policy and strategy
Developed long-term revenue strategy
Performed communications audit and reduced
expenses by 75%
Finance Director, City of South Pasadena, CA
Outsourced utility billing and customer service
Completed $43.4 Million Water Bond Issuance and $12
Million Refunding
Coordinated the passage of Utility Users Tax Ballot
Measure
Negotiated lease agreements for city property and cell towers
196Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
Chu Thai
Vice-President
Municipal Experience (continued)
Budget and Management Officer, City of Beverly Hills, CA Managed $400 million citywide budget for 750 full-
time employees
Developed comprehensive capital improvement
program
Developed quarterly performance report presented to
the City Council
Implemented performance-based budget, including
goals and objectives
Updated the city's user fees and utility rates
Budget Manager, City of Morgan Hill, CA
Managed utility billing, purchasing, business license and accounts receivable functions
Coordinated IT overhaul, including finance, utility
billing and recreation software conversions,
standardization, training, disaster recovery and
outsourcing.
Developed pro-formas for proposed aquatics and
community centers
Updated the city's impact fees, user fees and utility rates
Senior Management Analyst, City of Tustin, CA
Coordinated the City’s $80 million operating and CIP
budget with all departments
Managed finance software upgrade, focusing on
departmental reports
Deployed online payment system for utility customers
Management Analyst, City of Claremont, CA
Assisted in the development of effective parks and
recreation programs
Assisted in the construction and programming of the
Claremont Youth Activity Center, Claremont Skate
Park and Hughes Community Center
Coordinated budget and evaluated cost recovery for
the department
197Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
QUALIFICATIONS, PRIOR EXPERIENCE AND REFERENCES
REFERENCES
Jurisdiction Contact Title
City of Beverly Hills Helen Morales
(310) 285-1031
Deputy Director of Rent
Stabilization
[email protected]
RCS calculated various rent stabilization program fees for the City. We reviewed and validated staff times in each service and determined the best structure for each fee.
City of Long Beach Emily Armstrong
(562) 570-6406
Assistant to the City Manager
[email protected]
RCS assisted the City of Long Beach in restructuring and recalculating all its fees, including the Cannabis program fees. The updated fees better reflect the cost of services provided, and uses more accurate participation numbers.
City of El Segundo Joseph Lillio
(310) 524-2315
Finance Director
[email protected]
RCS completed a Cost Allocation Plan and Comprehensive Fee Study for the City in 2018.
The City Council adopted changes to its fee schedule, including Building fees. RCS is currently contracted to evaluate their Aquatics program and revenue collections procedures.
City of Santa Clarita Carmen Magana
(661) 255-4997
Admin Services Director
[email protected]
RCS developed a Cost Allocation Plan and Comprehensive Fee Study for the City most recently in 2014 and also annually updates the Cost Allocation Plan. RCS has been providing these services for the City since 1995.
City of Santa Maria Mary Harvey
(805) 925-0951
Finance Director
[email protected]
RCS was selected in 2019 to update the City’s Comprehensive User Fee Schedule. In 2022, RCS was selected to update the City’s Cost Allocation Plan, and provide annual user fee/cost allocation plan updates for the next 3-5 years
198Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
CLIENTS SERVED
USER FEE STUDY/COST
ALLOCATION PLAN
Carpentaria-Summerland Fire
District
Chino Valley Independent Fire
District
City of Alhambra
City of Antioch
City of Arcadia
City of Atascadero
City of Azusa
City of Banning
City of Barstow
City of Bend, OR
City of Beverly Hills
City of Big Bear Lake
City of Brea
City of Buena Park
City of Carlsbad
City of Carmel-by-the-Sea
City of Carpentaria
City of Carson
City of Ceres
City of Chino
City of Claremont
City of Coachella
City of Concord
City of Corona
City of Cotati
City of Cudahy
City of Desert Hot Springs
City of Diamond Bar
City of Dinuba
City of Dublin, Ohio
City of El Cajon
City of El Segundo
City of Elk Grove
City of Eureka
City of Folsom
City of Fontana
City of Foster City
City of Fountain Valley
City of Fullerton
City of Glendale
City of Glendora
City of Goodyear, Arizona
City of Hemet
City of Hermosa Beach
City of Hesperia
City of Highland
City of Huntington Beach
City of Kennewick, WA
City of La Canada-Flintridge
City of La Habra Heights
City of La Mirada
USER FEE STUDY/COST
ALLOCATION PLAN (continued)
City of La Palma
City of La Puente
City of Lake Elsinore
City of Lake Forest
City of Lakewood
City of Lancaster
City of Lathrop
City of Lawndale
City of Lemoore
City of Lincoln
City of Lindsay
City of Loma Linda
City of Long Beach
City of Los Altos
City of Lynwood
City of Mammoth Lakes
City of Manhattan Beach
City of Marina
City of Menifee
City of Merced
City of Milpitas
City of Monrovia
City of Monterey
City of Moreno Valley
City of Morgan Hill
City of Morro Bay
City of Needles
City of Norwalk
City of Oakdale
City of Oceanside
City of Ontario
City of Oroville
City of Oxnard
City of Palm Desert
City of Palm Springs
City of Palmdale
City of Pasadena
City of Peoria, AZ
City of Pico Rivera
City of Pismo Beach
City of Pittsburg
City of Pomona
City of Port Hueneme
City of Porterville
City of Rancho Cucamonga
City of Rancho Palos Verdes
City of Red Bluff
City of Redlands
City of Rialto
City of Richmond
City of Ridgecrest
City of Riverside
City of Rocklin
USER FEE STUDY/COST
ALLOCATION PLAN (continued)
City of Salinas
City of San Clemente
City of San Gabriel
City of San Juan Capistrano
City of San Marino
City of San Rafael
City of Sanger
City of Santa Clarita
City of Santa Monica
City of Santa Paula
City of Scotts Valley
City of Seal Beach
City of Seaside
City of Selma
City of Shafter
City of Sierra Madre
City of Simi Valley
City of Solana Beach
City of South Gate
City of South Lake Tahoe
City of South Pasadena
City of Springville, UT
City of Stockton
City of Suisun City
City of Taft
City of Thousand Oaks
City of Tracy
City of Tulare
City of Turlock
City of Upland
City of Villa Park
City of Vista
City of West Covina
City of West Jordan, UT
City of Westminster
City of Yuba City
City or Rancho Mirage
Coachella Valley Assoc of Gov’t
Contra Costa County
County of Cobb, GA
County of Contra Costa
County of San Bernardino
County of Tulare
Imperial County
Oceanside Harbor District
Orange County Fire Authority
Orange County Vector Control
District
Placer County Water Agency
Riverside County Transport.
Comm.
San Bernardino Assoc. Gov’t
South Jordan City, UT
199Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
USER FEE STUDY/COST
ALLOCATION PLAN (continued)
Town of Apple Valley
Town of Los Gatos
Town of Mammoth Lakes
Town of Truckee
Ventura County Fire District
IMPACT FEE STUDY
Antelope Valley Fire District
Apple Valley Fire District
Barstow Fire District
Bridgeport Fire District
Brigham City Corporation, UT
Carpentaria-Summerland Fire
District
Chalfant Public Services (Fire)
Protection District
City of Alhambra
City of Anaheim
City of Atascadero
City of Baldwin Park
City of Barstow
City of Big Bear Lake
City of Calimesa
City of Chino
City of Coachella
City of Colton
City of Corona
City of Desert Hot Springs
City of Folsom
City of Gilroy
City of Glendale
City of Gonzales
City of Grand Terrace
City of Greenfield
City of Hemet
City of Highland
City of Huntington Beach
City of Jurupa Valley
City of King City
City of Laguna Hills
City of Lemoore
City of Loma Linda
City of Menifee
City of Monterey Park
City of Morgan Hill
City of Murrieta
City of Needles
City of Newport Beach
City of North Ogden, UT
City of Oceanside
City of Ontario
City of Orange
City of Oroville
City of Paso Robles
City of Petaluma
City of Pismo Beach
IMPACT FEE STUDY (continued)
City of Rancho Cordova
City of Reedley
City of Rialto
City of Riverside
City of San Bernardino
City of Santa Paula
City of Scotts Valley
City of Sedona, AZ
City of Selma
City of Sierra Madre
City of Thousand Oaks
City of Tracy
City of Tulare
City of Wheatland
City of Whittier
County of Monterey Sheriff’s
Department
County of San Bernardino
Feather River Recreation and
Park District
June Lake Fire District
Lake Havasu City, AZ
Long Valley Fire District
North Central Fire District
SANBAG
South Jordan City, UT
South Ogden City, UT
Town of Apple Valley
Town of Mammoth Lakes
Town of Paradise
Town of Truckee
Washington Terrace City, UT
West Jordan City, UT
Wheeler Crest Fire District
MISCELLANEOUS PROJECTS
Brigham City Corporation, UT –
Closed Indian School Use
Conversion
City of Azusa – Plan
Check/Inspection Process
Review
City of Beverly Hills – Rent
Stabilization Fee
City of Colton – Electric Utilities
Collection Procedural Manual
City of Corona – Communications
Repeater Cost Financing
City of Corona – Interstate 15
Area Public Safety Facility
Financing
City of Fontana – General &
Departmental Overhead Plan
City of Garden Grove - Internal
Service Fund Balance Study
City of Hemet – Supplemental DIF,
Public Peril Report
MISCELLANEOUS PROJECTS
(continued)
City of Los Altos – Existing DIF
Review
City of Milpitas – Business License
Ordinance Review
City of Needles – Development
Agreement Assistance
City of Pico Rivera – Business
License Ordinance Review
City of Port Hueneme – Revenue
Search Report
City of Redlands – Street
Sweeping Rate Study
City of San Bernardino –
Verdemont Area Financing
Analysis
City of San Clemente – Business
License Review
City of Santa Paula – General Plan
Element
City of Seaside – Hayes Housing
Development Service Demands
City of South Lake Tahoe –
Transfer of Custody Cost
Verification
City of Westminster –
Productivity Measurement
Module
Lake Havasu City, AZ – Capital
Financing Plan
Los Angeles Fire/Police
Retirement System – Fiscal
Review
San Bernardino County – Special
District Office Finance Review
South Jordan City, UT – Business
Regulation Costing
Town of Windsor – Long Range
Capital Financing Plan
200Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
COST PRICING
RCS is pleased to provide Bell Gardens with the following project costs and milestones/deliverables, with a NOT TO EXCEED AMOUNT OF $41,200 for the Fee Study.
This total includes $21,700 to develop the appropriate fees for Rent Stabilization and Tenant Eviction Protection services, and up to $19,500 for additional consulting services which could help the City successfully implement RSTEP.
Fee Study Tasks Milestones/Deliverables Hours Total Cost Obtain Budget & Personnel Data Summary Schedules 8 1,400 Identify Services & Allocated Resrouces Time Detail Reports 40 7,000 Calculate Full Cost of Services Fully Alloc. Hourly Rate Reports 8 1,400 Draft Report Draft Fee Study Report 40 7,000
Final Report Final Report 16 2,800
Council Meeting & Public Hearing Public Meetings 12 2,100 TOTAL PROJECT COST 124 $21,700
RSTEP Planning, Development and Implementation Hours Total Cost Determine an accurate number of units
Selection of a database/application
Assist in program development
Municipal finance and IT assistance
ACTUAL HOURS WORKED, NOT TO EXCEED 100 $19,500
TOTAL NOT TO EXCEED 224 $41,200
The above fee study proposal is based on a cost of $175 per hour. The billing rate the additional assistance with the RSTEP Planning, Development and Implementation is $195 per hour. Any additional work not covered by this proposal would be billed at $195 per hour.
Our proposal covers all costs except for the following additional costs that the City may incur:
Meeting attendance beyond those identified in this proposal. Printing of reports beyond those stated in the RFP.
RCS will submit monthly invoices plus any miscellaneous costs from the previous paragraph.
The first invoice will be submitted ten days after notice to proceed, and each invoice will be due within 30 days of submission.
201Exhibit 2
Proposal – Rent Stabilization and Tenant Eviction Protections Program Fee Study
ADDITIONS OR EXCEPTIONS
The City’s Professional Services Agreement language regarding Indemnification is overly onerous and puts all of the risk on RCS. While we have no issue being responsible for our actions, we can’t be responsible for unsubstantiated claims. Therefore, we suggest the following indemnification language:
“Consultant shall indemnify the City, its elected officials, officers and employees from any demands, judgements, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, infringement of copyright/patent/trademark, professional errors and omissions, investigative expenses, attorney fees, and court costs arising out of an error, a negligent act, or omission of the Consultant, or the willful misconduct of the Consultant in performing the services described in, or normally associated with, this type of contracted work.”
PENDING LITIGATION
RCS does not have any pending litigation.
PROOF OF INSURANCE
RCS will provide the City of Bell Gardens with proof of insurance, shortly after we are selected for the project by City staff.
202Exhibit 2
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 10.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Community D evelopment Director
Steven J ones, C ity Planner
S UB J E C T:A RE S O L UT I O N O F T HE C IT Y C O UNC IL O F T HE C I T Y O F B E L L G ARD E NS , C AL IF O RNI A, AP P RO V ING AND C O NS E NT I NG T O T HE S UB M IS S IO N O F T HE 2022 G E NE RAL P L AN ANNUAL P RO G RE S S RE P O RT (“AP R”) T O T HE S TAT E O F
C AL IF O RNI A
D AT E:March 13, 2023
RE C O M M E ND AT IO N:
I t is staf f ’s recommendation that the City Council:
1. R eceive and file this report; and
2. Adopt the attached resolution approving and consenting to the submission of the 2022 B ell Gardens General Plan Annual P rogress Report to the S tate of California.
B AC K G RO UND/D IS C US S I O N:
C alif ornia Government Code S ection 65400 mandates that certain cities and all 58 counties submit an annual report on the status of the General P lan and progress in its implementation to their legislative bodies, the Governor’s Of f ice of Planning and Research (“O P R ”) and the Housing and Community Development (“HC D ”) by A pril 1 of each year.
Only charter cities are exempt from the requirement to prepare A nnual P rogress Reports (“A P R”) unless the charter stipulates otherwise (Government Code Section 65700).
T he objective of the A P R is to summarize the promotion of infill development, reuse, and redevelopment. T his emphasis is especially focused on underserved areas, keeping at the f oref ront cultural and historic resource(s) preservation, the protection of the natural environment and resources, and to encourage ef f icient development patterns within the City.
T he A P R provides local legislative bodies with information regarding the implementation of the General Plan for their city or county. A P Rs must be presented to the local legislative body for its review and acceptance, usually as a consent or discussion item on a regular meeting agenda. T heref ore, the A P R should provide enough inf ormation f or decision makers to assess how the General Plan was implemented during the 12-month reporting period - either calendar year or fiscal year. More specifically, A P Rs explain how land use decisions relate to adopted goals, policies, and implementation measures of the General P lan. T he A P Rs should provide enough inf ormation to identif y necessary "course adjustments" or modifications to the G eneral P lan and means to improve local implementation.
P L A NNI NG C O MMI S S I O N R E V I E W
D uring the 2022 Calendar Year, the P lanning Division serviced:
203
P lanning Division
Over the C ounter Assistance 264
Site P lan R eviews 99
Plot P lan R eviews 27
C onditional Use Permits 3
Variances 2
Business L icense Z oning Compliance 78
I n addition to public saf ety activity, capital improvement projects, building permits for new construction, accessory dwelling units, additions, and commercial tenant improvements in Bell Gardens, the P lanning C ommission held eight (8) meetings and considered f ourteen (14) public hearing agenda items. Major items considered included:
Sixth Cycle 2021-2029 Housing E lement Update.
2022 Transportation and Circulation E lement Update.
General P lan L and Use and Z oning Map C onsistency A mendment.
Two development variances.
Two alcoholic beverage uses conditional use permits.
D uring a regularly scheduled meeting, the Planning Commission considered the content of the 2022 B ell Gardens General P lan A P R as a discussion item on the published agenda. A f ter deliberation about ways to better serve the Bell Gardens population through effective General Plan implementation in keeping with providing adequate circulation, improving pedestrian and cyclist mobility inf rastructure, and seeking equity and environmental justice f or community members and visitors, the P lanning C ommission voted to recommend the C ity Council consent to the report’s f iling and its submission to the state.
After the Planning Commission meeting, staff added a number of Public Works initiatives that supported carrying out the General P lan’s Circulation Element to include provisions regarding capital improvements to the public rights-of- way and enhancements to the public transit and public transportation amenities.
E NV IRO NM E NTAL RE V I E W
Pursuant to the C alif ornia E nvironmental Quality Act (“C E Q A”), Guideline S ection No. 15306 (Class 6, I nf ormation C ollection), this report is categorically exempt from the application of C E Q A . Class 6 consists of basic data collection, research, experimental management, and resource evaluation activi ti es which do not result in a serious or major disturbance to an environmental resource. These may be stri ctl y for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. C ategorical exemptions are f or projects that have been determined to not have a significant ef f ect on the environment, and as this report is solely for the purpose of information sharing, no C E Q A documentation is required.
C O NC L US I O N:
Once a local legislative body has accepted the A P R , local governments must submit a copy to O P R and HC D. T he A P R gives O P R the opportunity to identif y statewide trends in land use decision making and how local planning and development activities relate to statewide planning goals and policies. A P Rs may identify needed modifications and improvements to O P R’s General Plan Guidelines. I n addition, O P R is able to track progress on a local jurisdiction’s comprehensive General Plan update using information provided in the A P R .
Staf f recommends accepting the A P R through a receive and file action and adopting a resolution to consent to the A P R ’s submission to the California O P R and HC D.
204
F I S C AL I M PAC T:
Preparation of this report was included in the adopted F Y 2022-2023 Budget under the Community D evelopment D epartment’s P lanning Division expenditures. T here are no further impacts from the preparation, approval, or submission of an A P R that conf orms to the California Government Code and complies with the standards required to meet California’s annual reporting guidelines and recommended best practices.
AT TAC HM E NT S :
D escription
Exhibit 1 - Resolution No. 2023-18
Exhibit 2 - Draft 2022 B ell Gardens General P lan A nnual Progress R eport AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 205
RESOLUTION NO. 2023-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AND CONSENTING TO THE
SUBMISSION OF THE 2022 GENERAL PLAN ANNUAL PROGRESS
REPORT (“APR”) TO THE STATE OF CALIFORNIA
WHEREAS, the City of Bell Gardens (“City”) General Plan is required by State Law and is a blueprint for meeting the community’s long-term vision for the future;
WHEREAS, the approval, and submission, of the City’s General Plan Annual Progress Report (“APR”) is necessary pursuant to California Government Code Section 65400 et seq. that requires all municipalities and jurisdictions within the state to annually review and provide General Plan APRs by April 1 of each year;
WHEREAS, the objective of the APR is to summarize improvement activity and encourage efficient development patterns within the City;
WHEREAS, the APR provides the legislative body with information to explain how land use decisions relate to the General Plan’s adopted goals, policies, and implementation measures, provides information for necessary local jurisdiction course adjustments to the General Plan, and gives the California Office of Planning and Research (“OPR”) the opportunity to identify statewide trends;
WHEREAS, a draft APR has been prepared for review, presentation and discussion, and the Planning Commission has assessed how the General Plan was implemented during the 12-month reporting period;
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), Guideline Section No. 15306 (Class 6, Information Collection), the APR’s preparation, presentation and submission are categorically exempt from CEQA; and
WHEREAS, the Planning Commission adopted Resolution #PC 2023-02 recommending that the City Council review and accept the APR and consent to its submission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council finds that the 2022 General Plan APR was prepared.
206Exhibit 1
Resolution No. 2023-18
2 of 3
SECTION 3. The City Council hereby approves the 2022 General Plan APR and directs the Community Development Director to file the report and submit the document to the state of California.
SECTION 4. The City Council finds these actions to be categorically exempt from the application of CEQA.
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution, enter it into the book of original Resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 13th day of March 2023.
THE CITY OF BELL GARDENS
________________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
207Exhibit 1
2022 General Plan
Annual Progress Report
Prepared by:
Community Development Department –
Planning Division
7100 Garfield Avenue
Bell Gardens, CA 90201
Submitted to:
City of Bell Gardens – City Council,
March 13, 2023
208Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report ii
Table of Contents
Introduction . . . . . . . . . . 1
Executive Summary . . . . . . . . 1
Background . . . . . . . . . 1
Department Organizational Chart . . . . . . 3
Overview of General Plan . . . . . . . 4
Summary of Recently Completed and Active Zoning Amendments, and Active Long-Range Projects . . . . . . . 4
General Plan Amendments in 2022 . . . . . 4
Housing Element . . . . . . . . 5
Circulation Element . . . . . . . . 6
Development Impact Fees . . . . . . . 6
Pending General Plan Amendments in 2023 . . . . 7
Ordinance Amendments . . . . . . . 7
Pending Ordinance Amendments in 2023 . . . . 8
Long-Range Project of Interest . . . . . . 9
Summary of 2022 Active Development Interests . . . . 10
Review of the City’s Progress in Meeting the Regional Housing Need Allocation (RHNA) Objectives . . . . . . . . . 10
Implementation Status . . . . . . . . 12
Chapter 1: Land Use Element. . . . . . . 12
Chapter 2: Housing Element. . . . . . . 12
Chapter 3: Circulation Element. . . . . . . 14
Chapter 4: Open Space and Recreation Element . . . 24
Chapter 5: Conservation Element . . . . . . 26
Chapter 6: Safety Element. . . . . . . 27
Chapter 7: Noise Element . . . . . . . 28
Conclusion . . . . . . . . . . 29
209Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report iii
[ INTENTIONALLY BLANK]
210Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 1
Introduction
Executive Summary:
California Government Code Section 65400 et seq. requires all municipalities and jurisdictions within the state to annually review the General Plan. An annual report should be prepared for review and approval by the Planning Commission/City Council and forwarded to the State Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD) office.
The General Plan Progress Report provides for the annual review of the General Plan to assess the level of implementation and effectiveness of the General Plan as a guide for each of its individual elements (land use, circulation, housing, conservation, open space, noise, and safety), and the efficient expenditure of public funds. This General Plan Progress Report summarizes the General Plan implementation progress for 2022. The General Plan Progress Report also provides information regarding the City’s progress in meeting its share of RHNA objectives.
Pursuant to State law, this report must be submitted to the City Council, OPR and HCD by April 1st of each year. The Annual Progress Report includes the following elements:
1. Overview of General Plan background and status, including a summary of recently completed and active General Plan Amendments; and
2. A summary of recently completed and active Zoning Text Ordinance amendments, and Active Long-Range Projects; and
3. A summary of 2022 Active Development Projects of Interest; and
4. A review of the City’s progress in meeting the regional housing need allocation objective.
This report is prepared by the Community Development Department’s (CDD) Planning Division to provide information on the measurable outcomes and actions associated with the implementation of all the General Plan elements. It will also review the activities of the CDD inclusive of the Planning Division, Building and Safety, Economic Development and Housing, and Code Enforcement; as well as implementations made by the Bell Gardens Police Department, Public Works Department and Recreation and Community Services Department.
Background:
The General Plan is the City’s official policy that sets out a vision to guide future development in the City. Local governments are required to keep their General Plan current and internally consistent, and City actions must be consistent with this plan.
211Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 2
Every municipality has a general plan that guides the local government for meeting the community’s long-term vision and goals for the future. It serves as a foundational resource to help jurisdictions draft and update their plans of action.
The General Plan contains the seven mandatory elements – including: Land Use, Open Space, Conservation, Housing, Circulation, Noise, and Safety (including seismic). Table 1 reflects the Bell Gardens General Plan updates, and an added optional element:
Environmental Justice. Two General Plan elements were updated in as many General Plan amendments in 2022 to help implement adopted goals and policies.
Table 1: Bell Gardens General Plan Elements and Updates
Bell Gardens City Incorporation 1961
ELEMENT YEAR ADOPTED | UPDATED
General Plan – Comprehensive 1995
Chapter 1 – Land Use 1995
Chapter 2 – Housing 6th Cycle, 2022
Chapter 3 – Circulation 2022
Chapter 4 – Open Space and Recreation 1995
Chapter 5 – Conservation 1995
Chapter 6 – Safety 1995
Chapter 7 – Noise 1995
Chapter 8 – Environmental Justice Forthcoming 2023
Community Plans / Overlays / General Updates
Land Use and Zoning Map Consistency Update Forthcoming 2023 Land Use Language Amendment Forthcoming
Bell Gardens was incorporated as a general law city in 1961, and at the time of incorporation the City’s population was approximately 27,000. The City of Bell Gardens has a total land area of 1,536 acres, or 2.4 square miles. According to the 2018 ACS five-year estimates, there were 9,877 housing units in the City and a population of 42,449.
The City of Bell Gardens is located in the southern portion of Los Angeles County, approximately 13 miles southeast of the Los Angeles Civic Center. The City is bounded by the City of Commerce on the north, Downey on the east, South Gate on the south, and the Cities of Bell and Cudahy on the west. The City’s corporate boundaries are generally delineated by man-made barriers, including the Southern Pacific Railroad to the north, the Rio Hondo River flood control channel to the east, and the Los Angeles River flood control channel and Interstate 710 to the west.
212Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 3
Figure 1: Bell Gardens Regional Location
The majority of the new residential construction will occur on land that is presently developed since few vacant sites within the city remain. Efforts to provide updated commercial, industrial and adequate and affordable housing continues to be a priority of the City as reflected in the updated Housing and Circulation Elements, as well as forthcoming Land Y Use Element and Zoning Code amendments.
Department Organizational Chart:
Acceptance Date:
The 2022 General Plan Annual Progress Report was reviewed by the City Council Commission on March, 13 2023, and adopted by the City Council on ________________________, 2023.
Building &
Safety
Business
Licenses
Code
Enforcement
Economic
Development Housing Planning
Community Development Department
213Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 4
Overview of General Plan
Overview:
The General Plan is the City’s official policy that sets out a vision to guide future development in the City. Local governments are required to keep their General Plans current and internally consistent, and City actions must be consistent with this plan.
Though General Plans must be kept current, there is no specific requirement by the state that a local government update its General Plan on any particular timeline, with the exception of the Housing Element, which is required to be updated every eight years. The City’s most recent Housing Element update was adopted by City Council February 14, 2022, and certified by HCD August 18, 2022 for the state’s 2021-2029 Sixth Cycle Housing Element planning period.
The Bell Gardens General Plan was adopted in July 1995. The Circulation Element was updated in April 2022 and, the Housing Element in February 2022. The adopted Housing Element was then certified by HCD in August 2022. The City’s official Land Use and Zoning Maps were adopted on January 23, 2023., An Environmental Justice Element (anticipated to be presented to the Planning Commission by late2023) is currently underway for development.
Summary of Recently Completed and Active Zoning
Amendments, and Active Long-Range Projects
General Plan Amendments in 2022:
In 2022 there were several resolutions pertaining to the General Plan, City-wide and site specific.
214Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 5
Table 2: 2022 General Plan Related Resolutions
Resolution
Number Address Description File
Number
2022-01 City-wide To adopt the Draft 2021-2029 General Plan Housing Element Update. 2021-062
2022-02 City-wide To adopt the General Plan Circulation and Transportation Element. 2021-068
2022-10 8000 Bell Gardens
To adopt a resolution finding General Plan
Consistency for a proposed summary street
vacation.
2018-080
Housing Element:
The Housing Element update was approved by Planning Commission January 19, 2022, adopted by City Council February 14, 2022, and certified by HCD August 18, 2022.
The Housing Element is a statutory element of the General Plan that requires regular updates submitted to HCD for certification every eight years. This update must address the City’s plan to adequately meet existing and projected housing needs of all economic segments of the community. These updates are referred to as “cycle,” and the 2022 certification of Bell Gardens Housing Element marks its Sixth Cycle.
This cycle of Housing Element updates for cities and counties within the Southern California Area of Governments (SCAG) region will cover the planning period from 2021 to 2029. The first phase of this process is the development of the RHNA distribution methodology. Housing targets are established, the City then required to identify land available to accommodate the development of a specific number of lower-, moderate-, and above moderate-income dwelling units.
Table 3: 2021-2029 6th Cycle RHNA Allocation
Income Category No. of Units % of Units
Extremely Low (30% AMI) 50 9.9%
Very Low (50% AMI) 50 9.9%
Low (80% AMI) 29 5.8%
Moderate (120% AMI) 72 14.3%
Above Moderate (>120% AMI) 302 60.0%
Total Units 503 100.0%
Source: SCAG 6th Cycle Final RHNA Adopted 3/4/2021, approved by HCD on 3/22/21.
AMI = Area Median Income.
215Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 6
Note: * The City has a RHNA allocation of 99 very low-income units (inclusive of extremely low-income units).
Pursuant to State law (AB 2634), the City must project the number of extremely low-income housing needs based on Census income distribution or assume 50 percent of the very low income units as extremely low.
Circulation Element:
On February 14, 2022, the City approved the General Plan Circulation and Transportation Element Update which provides a blueprint for establishing a convenient, safe, and sustainable transportation network in Bell Gardens, which serves users of all modes including walking, biking, rolling, riding transit, and driving. The purpose of the element is to improve the current infrastructure in Bell Gardens as a foundation for an integrated and comprehensive transportation network, which will reduce reliance on the private automobile and enhance other transportation options. The element establishes goals, policies, and programs to support connectivity in the context of the land uses set forth in the existing Land Use Element. The element update fully assesses existing conditions and resources and aids the City in providing pedestrians, bicyclists, transit users and motorists a convenient, efficient, and safe way to travel by performing the necessary research and studies required to achieve the City’s overall vision for a comprehensive transportation system. The City conducted thorough community outreach to garner the public’s input about the City’s existing and future circulation and transportation systems, policies, and goals.
The General Plan Consistency for a Proposed Summary Street Vacation of Street Segment of Bell Gardens Ave was approved by Planning Commission August 17, 2022. This street vacation would facilitate development of a residential housing project where a condition of approval for Tentative Tract Map No. 78222 required a street vacation. City Council Resolution No. 2018-57 provided the applicant with the option to finalize the segment’s vacation by recording the vacation with the final map or through a separate instrument referenced on the final map. Acting on his General Plan consistency finding helped to streamline the final map process.
Government Code Section 65402 requires a report on the consistency of any proposed summary street vacation. The City found the summary street vacation to be consistent with the Circulation Element of the City of Bell Gardens General Plan.
Development Impact Fees:
With the passage of the 1987 Mitigation Fee Act (Act) [Government Code Section 66000 and following], the State of California recognized both the rising costs associated with the infrastructure to serve the built environment communities need and the impact of population increase on local jurisdictions. The Mitigation Fee Act secured a system for identifying and collecting a development impact fee (DIF) exaction charged by local government to a developer in connection with implementation of approved projects. With understanding that property developers budget for such fees and expect them as part of a growing city, the Bell Gardens City Council adopted the DIF Ordinance on October 24, 2022.
216Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 7
Pending General Plan Amendments in 2023:
· General Plan / Zoning Consistency Update
The Bell Gardens General Plan’s Land Use Element was last revised in 1995 and indicates the location and extent of permitted land uses and development within the City, whilst the Housing Element and Circulation and Transportation Element updates were both adopted in 2022.
The City Council unanimously adopted an ordinance amending Title 9 of the Bell Gardens Municipal Code (the General Plan / Zoning Consistency Update) on January 23, 2023. The amendments are anticipated to improve the Zoning Code by increasing the user accessibility and more closely aligning with the Bell Gardens General Plan, and by facilitating development economic viability through streamlined permit processing.
· Environmental Justice Element
Bell Gardens was awarded a Local Economic Assistance Program (LEAP) grant, which is administered by the California Department of Housing and Community Development (HUD). application for the. To address the City’s need for a Sustainability/EJ Element as mandated by SB 1000 and SB 379 and abide by the LEAP grant requirements, the City Council adopted a resolution authorizing a Professional Services Agreement with Impact Sciences to prepare an EJ Element to be incorporated into the Bell Gardens General Plan.
Work on the EJ Element is under way and anticipated to go before the Planning Commission and City Council this year.
Ordinance Amendments:
· Electronic Billboards
February 14, 2022 - City Council adopted Ordinance No. 921 that requires a finding and demonstration that electronic billboard artificial light and glare impacts be less than significant for electronic billboards proposed to be located closer than 150 feet to a residential use.
· Rent Increase Restrictions and Tenant Protections
April 25, 2022 - City Council adopted Ordinance No. 922-U that placed a ninety- (90) day prohibition of rental increases on certain residential rental units.
217Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 8
July 11, 2022 - City Council adopted Ordinance No. 924-U that extended the rental increase moratorium for another 90 days on certain residential rental units.
September 12, 2022 - City Council adopted Ordinance No. 925, establishing permanent rent stabilization and tenant eviction protection regulations that would become effective / codified October 12, 2022.
September 26, 2022 - City Council adopted an extension of the rental increase moratorium via Ordinance No. 927-U, until October 12, 2022, when the permanent protections would become effective.
· Military Equipment Policy
May 9, 2022 - City Council adopted Ordinance No. 923 that enacted policy for reporting on the Bell Gardens Police Department use and cost of certain equipment.
· Development Impact Fees
During its December 12, 2022 meeting, the City Council adopted a resolution to adopt fee rates to offset the costs of upgrading and expanding public facilities and services necessitated by the construction of new developments as authorized by the ordinance.
Pending Ordinance Amendments in 2023:
· Art in Public Places Ordinance
The City Council requested guidance for establishing an ordinance for a public art program to expand the City’s artistic and cultural resources and to enhance the built environment and quality of life as new development occurs.
The ordinance would further the goals and objectives of and be consistent with the Bell Gardens General Plan to ensure the needs of the residents are met by expanding the opportunities for residents and visitors to experience artistic, historic, and cultural aspects of the City through the placement of artwork associated with new and revitalization development and is under way to be released to the public within the coming weeks.
· Zoning Code Updates
The California legislature requires the local government to amend its zoning ordinance to meet the requirements of updated recently updated goals, policies, quantified objectives, identified financial resources, and scheduled programs to facilitate the preservation, improvement, and development of housing within one year of the adoption of the Housing Element. The amending the ordinances for new zones, updated development standards, and clarification of housing types is required. 218Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 9
Bell Gardens residents have been experiencing limited on-street parking availability throughout residential neighborhoods, adjacent to commercial or industrial zones. The limitation of on-street parking in residential areas are a result of the following: dense neighborhoods, densely occupied living situations, collection and storage of multiple personal vehicles, unutilized parking garages, and/or (more pressingly) storage of vehicles from automobile repair shops located within the vicinity of residential areas.
These existing situations are causing residents to park vehicles at an unreasonable distance before arriving home. The City has been exploring options to address this issue.
· Short Term Rentals, Transient Occupancy Tax
Currently, five hotel facilities are located within Bell Gardens:
1. Parkwest Bicycle Casino – 888 Bicycle Casino Drive
2. Motel 6 – 6344 Eastern Avenue
3. Quality Inn & Suites – 7330 Eastern Avenue
4. Erth Inn By Aga – 8320 Eastern Avenue
5. Bell Gardens Inn & Suites – 6328 Eastern Avenue
The number of short-term rental units and shared housing within the City of Bell Gardens is unknown, and the transient occupancy tax (TOT) has not been enforced on such units. Since there is no registry in place for such units, and no business license applied, staff is conducting research and a survey of surrounding jurisdictions for regulation or administration that may be appropriate to ensure the interests of the public health, safety, and general welfare. The Bell Gardens Municipal Code (BGMC) Chapter 3.24.080 establishes that operator of a hotel must pay a TOT of eight percent (8%) of rent charged.
Fair application of TOT to short-term rentals would both protect equity, property owners, and guests, and generate revenue for the City.
· Parking
Bell Gardens has been exploring options to increase private property parking requirements associated with collection and storage of multiple personal vehicles, unutilized parking garages, and/or storage of vehicles from automobile repair shops located within the vicinity of residential areas. Bell Gardens residents have been experiencing limited on-street parking availability throughout dense residential neighborhoods, adjacent to commercial or industrial zones to facilitate resident, customer, and visitor access to parking spaces within the public right-of-way.
Long-Range Project of Interest:
- 8000 Bell Gardens – To create one multifamily residence lot developed with 48 residential condominium dwelling units on approximately 2.5 acres. 219Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 10
- Shull Street – To create two multifamily residence lots developed with 18 for sale affordable housing set-aide dwelling units in several detached buildings and 82 for rent affordable housing set-aside dwelling units in several detached buildings on approximately 3.9 acres.
- EJ Element – To address health effects, risks, and environmental concerns in disadvantaged communities and vulnerable populations.
- Climate Action Plan – To adopt strategies and priority actions to meet greenhouse gas (GHG) reduction emission targets and align with regional goals.
Summary of 2022 Active Development Interests
During the 2022 Calendar Year, the Planning Division provided:
Table 4: 2022 Planning Division Activities
Over the Counter Assistance 264
Site Plan Reviews 99
Plot Plan Reviews 27
Conditional Use Permits 3
Variances 2
Business License Zoning Compliance 78
Included in the services provided, the below table calls out additional dwelling unit statistics:
Table 5: 2022 Additional Dwelling Unit Statistics
Planning Applications Received 26
Conversions (Building) Permits (no Planning review required) 10 New ADU Building Permits Issued 17
Review of the City’s Progress in Meeting the Regional
Housing Need Allocation Objectives
Bell Gardens Community Development Staff have been collaborating with various developers and the City grant consultant towards facilitating the production of housing for all 220Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 11
income levels. The Planning Division maintains and implements the Bell Gardens Municipal Code, Zoning Ordinance, General Plan, and prepares other specialized planning documents.
The division reviews development requests for conformance with the City's planning policies and standards and conducts environmental review under the provisions of the California Environmental Quality Act (CEQA).
· Applications
The list below outlines the activities of the Planning Division from January 2022 through December 2022. The day-to-day planning activities include:
· Administrating the City’s Zoning Ordinance (Zoning Code). · Answering public inquiries on the telephone and over the public counter. · Processing entitlement applications for the Planning Commission and City Council.
· Reviewing and approving business license applications for zoning compliance.
· Reviewing development plans for compliance with City standards (Site Plan Review).
Planning applications in 2022, including administrative, Planning Commission, and legislative items to the City Council, totaled 126. Also, Planning staff reviewed 78 business licenses zoning conformance requests and conducted plan check review to ensure the proposed business, improvement and new construction complied to zoning code.
Table 6: 2022 Planning Applications
Type 1 & Type 2 Site Plan Reviews 9
Type 3 Site Plan Reviews 83
Conditional Use Permits 3
Variances 2
Ordinances 1
Zone Changes 1
Special Event Type 1 24
Environmental Documents 2
Business License Zoning Compliances 79
· Entitlements
Planning Commission held eight (8) meetings and considered fourteen (14) items.
Major items considered were:
· 2021 Sixth Cycle Housing Element Update;
· 2022 Transportation and Circulation Element Update;
· General Plan Land Use and Zoning Map Consistency Amendment; · Two development variances; and
221Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 12
· Two Department of Alcoholic Beverage Control (ABC) conditional use permits.
· Permits
The Bell Gardens General Plan’s Land Use Element was last revised in 1995 and indicates the location and extent of permitted land uses and development within the City, whilst the Housing Element and Circulation and Transportation Element updates were both adopted in 2022.
The City's Planning Commission held a duly noticed public hearing on November 16, 2022, to consider a recommendation of approval of the General Plan and the Zoning Code amendments, the adoption of an official zoning map, and the adoption of the environmental document to the Council.
The City Council, upon second hearing, adopted Ordinance No. 929 (amending Title 9 of the Bell Gardens Municipal Code – General Plan / Zoning Consistency Update) on January 23, 2023 (by a vote of 5-0).
The amendments would improve the Zoning Code, make it more user-friendly and consistent with the Bell Gardens General Plan, and economically viable since fewer discretionary entitlements will be necessary due to land use and zoning inconsistencies, and create greater opportunities for housing and higher density development.
Implementation Status
The General Plan consists of seven mandated elements: Land Use, Open Space, Conservation, Housing, Circulation, Noise, and Safety.
Chapter 1: Land Use
The Land Use Element is a long-range vision for development throughout the City. As with other elements contained in the general plan, the Land Use Element guides the goals and policies relative to the location, intensity, and type of development. The last comprehensive update of this element was in 1995. However, in 2023 the planning division updated the land use and zoning maps of the City to make consistent with all amendments and 6th Cycle Housing Element that were adopted in 2022 by City Council.
The Land Use Element defines the physical spaces in the City that serve the community (residents, businesses, and visitors), while ensuring the public health, safety, and welfare.
Staff uses tools to include:
· Promoting housing and mixed-use (residential and commercial) projects, with a focus on affordable housing.
222Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 13
· Amending codes, policies, and regulations in response to evolving land use trends and needs.
· Encouraging conforming uses and developments, whilst phasing out legally non- conforming uses.
· Incentivizing the development of very low- and low-income housing through density bonuses
It is anticipated that work will begin in 2023 to update the Land Use Element.
Chapter 2: Housing (6th Cycle – 2021-2029)
The Housing Element is an integral component of the City’s General Plan. It addresses existing and future housing needs of all types for persons of all economic groups in the City.
The Housing Element is a tool for use by citizens and public officials in understanding and meeting the housing needs in Bell Gardens.
Meeting the housing needs established by the State of California is an important goal for the City of Bell Gardens. As the population of the State continues to grow and scarce resources decline, it becomes more difficult for local agencies to create adequate housing opportunities while maintaining a high standard of living for all citizens in the community. State law recognizes that housing needs may exceed available resources and, therefore, does not require that the City's quantified objectives be identical to the identified housing needs. This recognition of limitations is critical, especially during this period of financial uncertainties in both the public and private sectors.
Section 65583(b)(2) states, “It is recognized that the total housing needs … may exceed available resources and the community's ability to satisfy this need within the content of the general plan requirements … Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved...”
This Housing Element (2021-2029) was created in compliance with State General Plan law pertaining to Housing Elements.
This Housing Element recommends specific changes to the Land Use Element in order to meet the needs of the community. The City will begin the work in 2022 to amend the Land Use Element. The City will also be updating the Safety Element pursuant to State law. As individual elements of the General Plan are updated in the future, the City will ensure internal consistency among the various General Plan Elements.
The Community Development Department, in order to ensure effective RHNA achievement, hired a full-time housing specialist in 2022. This role will identify opportunities, partnerships, and prioritized activities that will aid in accomplishing the objectives of the 6th Cycle Housing Element.
223Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 14
Chapter 3: Circulation (2022 update)
The Circulation Element provides a blueprint for establishing a convenient, safe, and sustainable transportation network in Bell Gardens, which serves users of all modes including walking, biking, rolling, riding transit, and driving. The purpose of the element is to hone the current infrastructure in Bell Gardens as a foundation for an integrated and comprehensive transportation network, which will reduce reliance on the private automobile and enhance other transportation options. The element sets forth goals, policies, and programs to support this robust connectivity in the context of the land use set forth in the Land Use Element.
Streets and Highways
The State of California requires jurisdictions to create plans for a multimodal transportation network which meets the needs of all roadway users, including motorists, pedestrians, bicyclists, children, persons with disabilities, seniors, movers of commercial goods, and public transit users. The Complete Streets approach aims to achieve this goal by reducing reliance on the personal automobile and considering the needs of diverse roadway users.
Increased access to safe and comfortable public transit and active transportation infrastructure included in Complete Streets can help reduce greenhouse gas emissions and increase safety and equity.
Public Transportation
Appealing and affordable public transit contributes to increased sustainability and equity within a community. Public transit, in general, is more space-efficient and energy-efficient as it moves more people in one vehicle than through numerous personal automobiles. Further, it supports density and caters to compact, mixed-use communities. It is also important to ensuring Bell Gardens residents of all socioeconomic statuses have access to opportunity, especially for those without access to a car or with differing mobility needs, such as children and the elderly.
Transit that efficiently connects employment centers, commercial areas, residential neighborhoods, and public uses can improve roadway operations, bolster safety, and reduce transportation costs for cities. It does so by consolidating passengers, reducing space requirements for vehicle infrastructure, and decreasing auto-dependency, which may reduce vehicle miles traveled (VMT).
In the 2022 Circulation Element update, the public transportation plans and initiatives in Bell Gardens considered the regional transportation plan and policies context and integrated regional goals.
Four bus providers have lines that serve Bell Gardens: Metro, City of Montebello, City of Commerce, and City of Bell Gardens. These lines travel as far north as Highland Park, as far east as Norwalk, as far south as Paramount, and as far west as Westchester, connecting with other bus and rail lines along the way.
224Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 15
In a 2021 survey referenced in the 2022 Circulation Element update, the residents of Bell Gardens expressed that they would utilize the Bell Gardens Trolley more frequently if it operated as an on-demand service, rather than following its current fixed route.
The City of Bell Gardens also offers a Dial-a-Ride service for people aged 55 and older and people with disabilities. It is available Monday through Friday from 7:30 am to 7:00 pm. Fare costs 25 cents, and caretakers can ride along with no additional cost.
The Metro L (Gold) Line’s Atlantic Station is located directly north of Bell Gardens. Bell Gardens residents may access via a 15-minute car ride or an approximately 35-minute bus ride on Montebello bus lines. This rail line offers direct connection to Downtown Los Angeles, Highland Park, Arcadia, Azusa, and intermediate stops along the way.
Metro is developing a new West Santa Ana Branch, with a stop at Florence Avenue and Salt Lake Avenue. This stop will be accessible from Bell Gardens by a 10-minute car ride or an approximately 15-minute bus ride on Metro bus lines. This line will offer connections to other gateway cities and beyond.
Active Transportation
Active transportation, such as walking, bicycling, and rolling, reduces VMT and improves public health. By decreasing VMT, it reduces emissions and congestion. Further, people who use active transportation have healthier lifestyles and present less of a risk to others as they travel through the City. As such, active transportation is encouraged within Bell Gardens.
Improvements such as pleasant streetscapes, continuous and well-maintained sidewalks, more frequent and visible crossings, and protected and connected bike facilities help to make active transportation more convenient and appealing.
Parking Management
Parking is an important element in the mobility landscape, which has been integrated into municipal transportation policy. Parking enables drivers to access destinations conveniently.
However, it is important that the supply of parking does not only consider the needs of drivers, but also supports a multi-modal network. Oversupply of parking hinders pedestrian-friendly design and wastes space, resulting in negative environmental impacts. Therefore, it requires balance to ensure sufficient, but not excessive, parking is provided. At least one variance request for reduced parking was received, processed, considered, and approved by the Bell Gardens Planning Commission. Other opportunities to develop underutilized spaces on private property was researched in 2022 and the results are being analyzed.
According to a 2019 parking study used in the 2022 Circulation Element update, Bell Gardens has 1,365 on-street parking spaces. Utilization of these spaces varied by land-use and location within the City.
Parking patterns varied based on time of day and day of the week. Parking utilization was greatest in the early morning, evening, and on the weekends. in 2022, staff used observed patterns that reflected accessibility, excess inventory, lack, or need to consider unique ways 225Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 16
to provide housing, including affordable housing, jobs, and access to services and public transit.
Table 7: 2022 Circulation and Transportation Element Policies and Programs
Policies Programs
MOBILITY GOALS & VISION
M 1 Establish a multi-modal
transportation network which
offers safe, comfortable, and
convenient travel for users of all
modes including drivers, transit
riders, bicyclists, walkers, and
rollers.
M 2 Employ transit-oriented land
use planning and provide
appealing, safe, and widely
accessible alternatives to
private automobile use in order
to reduce vehicle miles traveled
per capita with the goals of
reducing risk of traffic collisions,
lowering greenhouse gas
emissions, and improving
public health.
ROADWAY PERFORMANCE STANDARDS
M 2.1 Performance Standards.
Performance standards used to
evaluate roadways will utilize both
LOS and vehicle miles traveled
(VMT). The desired LOS for
roadways will be LOS D or less,
although exceptions will be made
where this is infeasible due to
other mobility policy priorities.
VMT will be considered to
prioritize reductions in emissions
and improvements to roadway
safety. Amendments to Bell
Gardens roadway plans will
pursue reductions in VMT.
If the VMT analysis determines
mitigation measures and/or
proportional share costs to
address impacts from the
M 2.a Capital Improvement Program.
Regularly update the Capital
Improvement Program based on
adopted mobility policies, funding
opportunities, and community
needs.
226Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 17
proposed development, all
mitigation measures and
collection of proportional shares of
costs are to be completed within the
City of Bell Gardens or
deposited with the City of Bell
Gardens into a trust account until
such quantity of funds is accrued to
complete the shared cost mitigation
measure.
M 2.2 Funding.
Diverse funding sources
will be sought out to
maintain, operate,
and improve the
roadway network and reduce cost to
public.
M 2.b Development.
Assist applicants in demonstrating
compliance with mobility policies
and require developments to
include roadway network
improvements in line with Bell
Gardens mobility goals.
Accommodating active
Transportation users (through
bicycle parking) or transit users
(by providing information on transit
and vanpool/carpooling options)
should also be encouraged.
M 2.3 Regional Coordination.
Local project plans will coordinate
with Caltrans, SCAG, and Metro
to integrate local and regional
improvements and further local
and regional mobility goals.
M 2.c Transportation Impact Analysis.
Ensure that transportation impact
analyses are conducted in a
manner which assesses contributions
to desired local,
regional, and environmental
mobility goals. The City should
update its traffic analysis guidelines
incorporate Vehicle Miles
Traveled (VMT) metrics and
associated thresholds of
significance.
M 2.4 Complete Streets.
Apply a Complete Streets
Approach to roadway network
improvements, which utilizes
innovative design solutions for
mobility. The 2020 Bell Gardens
Complete Streets Plan will be used to
guide upcoming improvements.
M 2.d Design Standards.
Develop design standards consistent
with Complete Streets,
which support the needs of all roadway
users to more efficiently
guide future designs and plans.
M 2.5 Prioritize Improvements.
Streets that are currently
overcapacity – segments of
M 2.e Safety Records.
227Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 18
Eastern Avenue, Garfield Avenue,
and Clara Street, and all of Gage
Avenue – will be prioritize for
infrastructure improvement, as
set out in the Complete Streets
Plan. Traffic signal improvements
and other vehicle flow treatments
can be explored to reduce gridlock
and congestion.
Gather and utilize thorough collision
data to assess safety issues and
develop plans to
improve safety for vulnerable roadway
users.
M 2.6 Public Safety.
Place high priority on safety and
reduction of collisions.
M 2.f Review Circulation Element.
Review the Circulation Element as
new state, local, and regional
policies and initiatives are developed to
ensure that it reflects current
conditions and priorities.
M 2.7 Active Transportation.
Promote active transportation
infrastructure such as bicycle lanes,
increased sidewalk lighting, and
improved pedestrian
crossings on classified streets.
M 2.8 Green Infrastructure.
Incorporate green infrastructure in
roadway design when possible.
M 2.9 Infrastructure Installation.
Minimize operational disruptions
by consolidating the installation of
future infrastructure needs and
projects, with opportunities for
upgrades.
M 2.10 Driveway Consolidation.
Minimize the number of curb cuts
along classified streets in order to
improve active transportation safety
and roadway function.
PUBLIC TRANSPORTAION
M 3.1 Regional Coordination.
Collaborate with other local transit
agencies, along with
Metro and SCAG to create a
convenient and affordable
regional transit network that
provides access to Bell Gardens
residents.
M 3.a Transit Stops.
Provide attractive, convenient bus
stops, which include shelters,
benches, trashcans, and transit
information.
Bicycle racks should also be explored
at bus stops to
encourage multi-modal use.
Ensure that stops are also
228Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 19
ADA accessible and have safety
measures such as lighting and
police contact.
M 3.2 Rail Access.
Work with adjacent cities, such as
Huntington Park, South Gate, and
unincorporated Los Angeles
County to create convenient bus
service to existing and
upcoming rail stops.
M 3.b Enhance Service.
Participate in funding programs to
enhance bus service to improve routes,
offer more frequent service,
and conduct periodic evaluation.
M 3.3 Rail Expansion.
Support Metro’s development of
the West Santa Ana Branch rail,
with upcoming rail service which
would serve the city.
M 3.c New Development.
Work with developers and transit
agencies to facilitate transit-
oriented design and enhance
accessibility.
M 3.4 Land Use.
Integrate land use and
transportation planning in order to
prioritize density and transit-
oriented design. Locate key
destinations such as commercial
districts, employment centers,
and public resources near transit
routes.
M 3.d Promote Transit.
Encourage the use of transit by
publishing transit maps and
information, implementing
marketing programs, and
enhancing integration with active
modes.
M 3.e Carpool.
Offer car- and vanpooling for
Public employees and incentivize
private businesses to do the same.
M 3.f Electric Car Share.
Invest in an electric car share in
order to encourage resource sharing
and improve mobility
options for residents without
access to a vehicle.
M 3.g Enhance Service on Garfield and
Florence Avenues.
Improve service on Garfield and
Florence Avenues to bolster
connections to service offered by
other transit agencies, especially
rail.
M 3.h On-Demand Service.
Convert the Town Trolley to an on-
demand service to encourage its
use and provide more direct
connections to destinations for
229Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 20
residents.
ACTIVE TRANSPORTATION
M 4.1 Regional Coordination.
Support regional goals as set forth by
Los Angeles County and SCAG.
M 4.a Development Review.
Facilitate the demonstration of
conformance to pedestrian and
bicycle initiatives in development
applications.
M 4.2 New Development.
Require that new developments
contribute to active transportation
goals and are cohesive with the
existing network. Requirements
may include adequately sized
sidewalks, outdoor seating
options, bike parking, and/or
bike share facilities.
M 4.b Funding.
Pursue diverse funding sources for
the implementation of bicycle and
pedestrian infrastructure.
M4.3 Low-Stress Network.
Prioritize active transportation
infrastructure improvements on
low-stress streets as identified in
the 2020 City of Bell Gardens
Complete Street Plan, which will
serve to connect Local and
regional destinations. Low stress
streets will have reduced vehicle
speeds, decreased cut-
through traffic, and safety
improvements.
M 4.c Capital Improvement Program.
Integrate pedestrian and bicycle goals
into the Capital Improvement
Program.
M 4.4 Land Use.
Prioritize density in land use planning
in order to make
walking and bicycling more
convenient modes of transit.
M 4.d Encourage Active Transportation.
Create appealing and convenient
infrastructure which is clear of
obstructions, appropriately located,
and readily usable in order to
facilitate increased walking and
biking.
M 4.e Traffic Calming.
Implement measures to reduce traffic
speeds and increase
pedestrian visibility, such as high-
visibility crosswalks, curb
extensions, and speed humps on
streets with destinations that
generate pedestrian trips such as
schools, parks, churches, and
local-serving commercial use.
M 4.f Bicycle Access on Key Corridors.
230Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 21
Improve bicycle access on key
corridors, especially those such as
Garfield Avenue, Eastern Avenue,
Jaboneria Road, and Clara Street,
which provide paths across the City.
M 4.g Regional Bike Network.
Increase connections to and
public information about river
bike paths, especially the Rio
Hondo River Bike Path.
M 4.h Bicycle Storage.
Ensure that key destinations such
shopping centers and
recreation/social venues have
sufficient and reliable bicycle
parking.
M 4.i Expand Crossing Guard Program.
Expand the existing crossing
guard program in collaboration
with schools to allow stakeholders
to request crossing guards at new
locations.
PARKING MANAGEMENT
M 5.1 Balanced Supply.
Establish a balanced supply that
meets the needs of drivers, but
does not do so in excess, in order
reduce vehicle trips and
encourage active transportation.
M 5.a Shared Parking.
Identify and allow shared parking
Opportunities to use underutilized lots
more effectively.
M 5.2 New Development.
Require that new developments
provide off-street parking for new
residential units. Reduce
requirement sin high-density,
mixed-use, and transit-rich areas.
M 5.b Electric Vehicle Charging.
Increase access to electric vehicle
charging opportunities by including
on-street charging spaces in highly
traveled areas such as in
commercial corridors or near
public facilities.
M 5.3 Development Policy.
Restrict the overprovision of
on-site parking for private
developments.
M 5.4 Public Awareness.
Publicize the City’s current parking
program more widely, on
the City website and stakeholder
meetings.
231Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 22
M 5.5 Electric Vehicle Charging.
Require private developers to
include electric vehicle charging
spaces in their parking provisions.
2022 updates, as provided by the Public Works Department, include:
· Policies M 2.1 – M 2.10. Public Works (“PW”) staff worked towards implementing the policies as part of the day-to-day operations and capital improvement projects.
· Program M 2.a: CIP. Staff developed the annual CIP program that involves street maintenance and rehabilitation activities. It also includes grant funding obtained competitively, including ATP Cycle 5 Complete Street funding. Staff has begun the design work for the ATP Cycle 5 funded complete street improvements. Staff continues to pursue grant funding and obtained ATP Cycle 6 funding to continue complete street improvements.
· Program M 2.b: Development. Staff, with the Planning and Building Departments, addressed mobility issues and ADA compliance of sidewalks and driveways. PW staff will continue to work Planning and Building to ensure these improvements are made on all developments. For larger projects, Staff works with developers to incorporate bike parking and other items.
· Program M 2.c: Transportation Impact Analysis. This is project size specific and since the City is built out, there are very few projects that qualify for VMT; therefore, PW Staff require traffic impact analysis using Level of Service (LOS) to address local impacts of project.
· Program M 2.d: Design Standards. Staff utilize recently adopted Complete Street Program for design standards to address safety issues. These standards will be used for the ATP Cycle 5 and Cycle 6projects.
· Program M 2.e: Safety Records. Staff works with the Bell Gardens Police Department to get the latest accident data to address safety issues as required.
· Program M 2.f: Review Circulation Element. Staff provides annual updates to the programs identified in the Circulation Element.
· Policies M 3.1 – M 3.4. Public Works Staff, alongside regional and local agencies, work to bring rail access associated with the Metro’s West Santa Ana Branch line in South Gate. Public Works staff is also working towards implementing the policies as part of the day to day operations and capital improvement projects.
232Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 23
· Program M 3.a: Transit Stops. Public Works is continuing to remove and replace bus shelters within BG. This is a multiyear project and is nearing completion. Staff continues to ensure each transit stop is clean, safe and ADA compliant.
· M 3.b: Enhance Service. Staff continues to improve local fixed route and on demand bus service.
· M 3.c: New Development. Staff, with the Planning and Building Departments, work to address mobility issues and ADA compliance of sidewalks and driveways. PW staff will continue to work Planning and Building to ensure these improvements are made on all developments. For larger projects, Staff works with developers to incorporate bike parking and other items.
· M 3.d: Promote Transit. No update at this time.
· M 3.e: Carpool. No update at this time.
· M 3.f: Electric Car Share. Staff is looking into potential project funding through the federal Build Back Better funding. At this time, there are no specific funding opportunities available.
· M 3.g: Enhance Service on Garfield and Florence. No update at this time.
· M 2.h: On-Demand Service. Staff continues to improve local fixed route and on demand bus service.
· Policies 4.1 – M 4.4. Public Works Staff has obtained grant funding through ATP Cycle 5 to begin the first phase of Complete Street improvements. This project is in the design phase now. Staff also obtained ATP Cycle 6 funding to continue with the 2nd phase of Complete Street Improvements. Public Works staff is also working towards implementing the policies as part of the day-to-day operations and capital improvement projects.
· M 4.a: Development Review. Staff works with the Planning and Building Departments to address mobility issues and ADA compliance of sidewalks and driveways. PW staff will continue to work Planning and Building to ensure these improvements are made on all developments. For larger projects, Staff works with developers to incorporate bike parking and other items.
· M 4.b: Funding. Staff continues to pursue grant funding for various projects. Staff is looking forward to funding opportunities from the federal Build Back Better program.
· M 4.c: Capital Improvement Program. Staff works to develop the annual CIP program that involves street maintenance and rehabilitation activities. It also includes grant funding obtained competitively, including ATP Cycle 5 Complete Street funding. Staff has begun the design work for the ATP Cycle 5 funded complete street improvements. 233Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 24
Staff continues to pursue grant funding and obtained ATP Cycle 6 funding to continue complete street improvements.
· M 4.d: Encourage Active Transportation. The completion of construction of the ATP Cycle 5 and ATP Cycle 6 projects will begin the implementation of active transportation corridors in Bell Gardens.
· M 4.e: Traffic Calming. Staff continues to review and address resident safety and speeding concerns. Staff, working with the City Traffic Engineer, review and present recommendations for warranted installations of stop signs, speed feedback signs, speed humps, curb painting to promote traffic calming within the neighborhoods of Bell Gardens.
· M 4.f: Bicycle Access on Key Corridors. Previous ATP funded projects installed “sharrows” on the major arterials, Gage, Eastern and Garfield. Staff continues to refresh the sharrows annually. Staff is pursuing funding to address bicycle access onto Jaboneria Road and Clara Street.
· M 4.g: Regional Bike Network. No update at this time.
· M 4.h: Bicycle Storage. No update at this time.
· M 4.i: Expand Crossing Guard Program. No update at this time.
· Policies 5.1 – M 5.4. Public Works staff works with Planning Department to coordinate balanced parking needs with new development. Public Works staff is also working towards implementing the policies as part of the day-to-day operations and capital improvement projects.
· M 5.a: Shared Parking. No update at this time.
· M 5.b: Electric Vehicle Charging. Staff is looking into potential project funding through federal Build Back Better funding. At this time, there are no known funding opportunities available.
Chapter 4: Open Space and Recreation
The Open Space and Recreation Element outlines strategies that aim at preserving remaining open spaces in the City, and to meet the recreational needs of the community.
The majority of open space in Bell Gardens is in the form of public parks and school playgrounds. Other spaces include undeveloped land, building setbacks, utility easements and flood control channels.
Table 8: Bell Gardens Parks
234Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 25
Bell Gardens Park 15-Acres Bell Gardens City
Darwell Park .24-Acres Bell Gardens City
Gallant Park .27-Acres Bell Gardens City
Julia Russ Asmus Park .6-Acres Bell Gardens City
Marlow Park .61-Acres Bell Gardens City
John Anson Ford Park 12.5-Acres Regional
In 2022, the Recreation and Community Services Department implemented the General Plan through offered and available service to all residents including senior citizens, area youth, and families with athletic and social events, cooling centers, food distribution, and other programming to engage the community and improve the quality of life in Bell Gardens.
· The Department of Recreation and Community Services implemented online staff scheduling software to streamline the staff scheduling process and allow for more efficient use of staff time.
· A social media policy was developed and implemented in the RCS Department which creates a standard for posting appropriate information and engaging the community on every social media platform possible. This tool helps staff communicate events, programs, and activities to the community.
· In 2022 the RCS Department secured approximately $13.5 million in grant funds for the Ford Park Aquatic Center, approximately $30,000 in ARPA funds as well as other local grants for Social Services, and a Kaboom! Playground grant for the new Playground at the Neighborhood Youth Center which was installed in the fall of 2022. · A partnership with the City of Montebello was entered into for exclusive use of Montebello’s Chet Holifield Park pool. The City of Bell Gardens is now allowed exclusive access to this pool and able to offer a full aquatics program to residents and community members.
· To enhance the quality of life of the Bell Gardens residents the RCS Department expanded programming and added a Holiday Parade to the annual events hosted by the Department, as well as brought back the 5K event and introduced an Art Expo as part of the 5K event. After the ban on Fireworks, the RCS Department hosted the Independence Day Celebration and provided the residents with a fun and unique multi-media laser show.
· The RCS Department added a second Senior Center at Veterans Park to accommodate the needs and desires of the seniors in the surrounding area.
2023 anticipates the following:
· In 2023 the RCS Department will bring the Adaptive Recreation (STAR Program) program back in full swing. Student Government Day will be implemented as well as the reintroduction of Adult and Senior Sports after being cancelled from the Pandemic. · The Community Family Services Center will continue to seek Grant funding and opportunities to provide needed resources to the Bell Gardens Community. 235Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 26
· Partnerships will continue to be built and strengthened as programs, events and resources are added to the Recreation and Community Services Department.
Chapter 5: Conservation
The City of Bell Gardens has a rich history that goes back to the development of the first ranchos that led to the establishment of settlements during the previous century. While a number of significant sites and structures remain in the City, past developments have been lost through development (such as the original Lugo Adobe).
The City, through the Conservation Element, would maintain its links to the past through the implementation of policies that focus on four key issue areas:
1. Cultural Resources,
2. Ecological Resources,
3. Geological Resources, and
4. Water Resources
Table 9: Conservation Element Policies and Programs Matrix
Policies Programs
Cultural
Resources
The City of Bell Gardens shall
safeguard the community’s heritage by
identifying and preserving appropriate
structures and sites which have historical
significance.
· Archaeological and
Paleontological Resources
· Cultural Awareness
· Environmental Review
· Historical Building Codes
· Historical Preservation
District
Ecological
Resources
The City of Bell Gardens shall, to the
extent possible, protect remaining
ecological resources and enhance those
resources through programs in
the Open Space and Recreation
Element and the Circulation and
Transportation Element.
· City Energy Conservation
· County Coordination
· Drought Tolerant
Landscaping
· Energy Conversation
Guidelines
· Environmental Review
Water
Resources
The City of Bell Gardens shall protect the
quality of water in the underground water
basin by optimizing open space areas with
programs adopted as part of
the Open Space and Recreation
Element.
· Water/Landscape
Conservation
Ordinance
· County Coordination
· Drought Tolerant
Landscaping
· Environmental Review
236Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 27
Chapter 6: Safety
The Safety Element is concerned with the health and welfare of persons living, working, and visiting the City. Successful implementation of policies may result in a significant reduction of loss of life, injury, property damage, and the economic and social dislocation resulting from hazards (natural and man-made).
To address the Safety Elements/Programs the Bell Gardens Police Department (BGPD) developed and implemented the following in 2022:
· The Department purchased spike, paths, interfaces, data, rules (SPIDR) software application. SPIDR provides new seamlessly integrated technology with the existing law enforcement customer service technology platform to leverage BGPD’s data to effectively communicate with and engage the community.
The SPIDR platform contains three modules, which provided automatically generated and customized investigation processing, helpful information, proactive communication, survey soliciting, and improved service to the community. · Another software system the Bell Gardens Police Department purchased was the Emergency Communication System / Mass Notification System (ECS/MNS) and an Access Control System (ACS) for the Montebello Unified School District (MUSD).
This new ECS/MNS and ACS system is an awareness and response coordination system that provided a more proactive approach to security by identifying suspicious or unusual behavior before an incident occurs and facilitated quick response. · BGPD applied for, and was awarded, $31,000 in grant funding from The California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Prop. 56) and administered by the California Department of Justice (DOJ) to support local efforts to reduce the illegal sale of tobacco products to minors in the City of Bell Gardens.
The Grant funding will be used for related tobacco educational and enforcement operations.
· In 2022, BGPD implemented the National Faith & Blue Weekend. The National Faith & Blue Weekend facilitates safer and stronger communities by engaging law enforcement officers and local residents through the connections of faith-based organizations. Faith & Blue is based on the premise that strong communities are built through mutual respect and understanding. Law enforcement and faith institutions are key pillars of each community, and when they work together, neighborhoods thrive. Sixty-five million Americans attend weekly gatherings and services at more than 350,000 houses of worship nationwide.
The depth and breadth of influence held by houses of worship present an unrivaled, unique, and powerful gateway to the hearts of local communities where there is shared, 237Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 28
mutual interests in realizing effective police-community engagement. BGPD and St.
Gertrude the Great Catholic Church joined forces to bring the community a collaborative Faith & Blue “Stronger Together” event on Sunday, October 9, 2022, from 1500-1800 hours.
· In 2022, BGPD continued with its Citizens Police Academy (CPA) program. The CPA program is designed to educate residents and local citizens on the various aspects of law enforcement. This program allows the citizens an opportunity to learn about how the Bell Gardens Police Department functions and operates. There are many misconceptions about police duties and the CPA help dispel these notions and allow community members/citizens a closer at the Bell Gardens PD. The goal of the program is to open the lines of communication and encourage interaction between our police officers and the citizens.
Graduates of the CPA acquired a solid foundation of public safety information to share with others in the community.
Chapter 7: Noise
Noise ranges from ambient to that which is hazardous and may lead to hearing loss. Every day, people are subjected to a multitude of sounds associated with common day-to-day activities to those connected with events. The effect noise has on people generally depends on its loudness, duration, and the time of day. Individual annoyance and distraction are the most common effects of noise. Physical health, psychological stability, social cohesion, property values, and economic productivity can also be affected by excessive amounts of noise.
The Bell Gardens Noise Element addresses noise by implementing policies related to:
1. Land Use Compatibility,
2. Other Noise Sources,
· Airplane,
· Railroad,
· Traffic,
· Construction,
· Trash collection, and
· Mobile noises
3. Noise Measurements,
4. Noise Impact Areas, and
5. Noise Standards
As no updates have been made since 1995, the policies proposed in the Noise element are monitored through code enforcement, permitting, policing and land use regulations as noted in Table 6: Noise Element Policies and Programs Matrix.
238Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report 29
Table 10: Noise Element Policies and Programs Matrix
Policies Programs
Policy 1: The City of Bell Gardens shall
discourage the incompatible use of
property along major transportation lines,
and encourage noise reduction measures for
existing uses.
· Acoustical Analysis
· Barrier Construction
· Building Codes
· Department of Labor (OSHA)
· Freeway Noise Affecting
Classrooms
· Trash Collection Noise
· U.S. Department of Housing and
Urban Development
Policy 2: The City of Bell Gardens shall
ensure that the noise caused by sources
other than traffic is at acceptable levels.
· Department of Labor (OSHA)
· Train Noise Mitigation
· Source Control
Conclusion
The 2022 General Plan Annual Progress Report has been prepared in accordance and compliance with California Government Code Section 65400, and the report will be presented to the Planning Commission public meeting on DATE, and City Council public meeting on March 13, 2023. If adopted by City Council, the APR will be submitted to the State Office of Planning and Research and the State Department of Housing and Community Development by April 1, 2023.
239Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report
EXHIBIT A: FILE LOG
File SPR CUP VAR CITY OTHER DATE STATUS DATE
2022-001 X 01/03/22 Approved 01/04/22
2022-002 X 01/04/22 Approved 01/11/22
2022-003 X 01/06/22 Approved 01/31/22
2022-004 X 01/11/22 Approved 04/28/22
2022-005 X 01/25/22 Approved 07/11/22
2022-006 X 01/25/22
2022-007 X 01/27/22 Approved 01/31/22
2022-008 X 01/31/22 Approved 03/10/22
2022-009 X 01/31/22
2022-010 X 02/01/22
2022-011 X 02/02/22 Approved 06/14/22
2022-012 X 02/07/22 Approved 11/22/22
2022-013 X 02/09/22 Approved 02/09/22
2022-014 X 02/10/22
2022-015 X 02/16/22
2022-016 X X 02/17/22
2022-017 X 02/24/22 PENDING
2022-018 X 02/28/22 Approved 01/03/23
2022-019 X 03/01/22
2022-020 X X 03/09/22 Approved 10/31/22
2022-021 03/10/22
2022-022 X X 03/14/22 Approved 06/15/22
2022-023 X 03/14/22
2022-024 Notice of
Exemption 03/22/22
2022-025 Notice of
Exemption 03/22/22
2022-026 X 03/24/22
2022-027 X 03/24/22 Approved 10/18/22
2022-028 X 03/31/22
2022-029 X 04/07/22
2022-030 X 04/07/22 Approved 04/20/22
2022-031 X 04/11/22 Approved 06/27/22
2022-032 X 04/28/22
2022-033 X 05/03/22
2022-034 X 05/09/22 Approved 08/15/22
2022-035 X 05/11/22
2022-036 X 05/12/22 Approved 09/06/22
2022-037 X 05/17/22
240Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report
2022-038 X 05/23/22
2022-039 X 06/01/22 Approved 06/21/22
2022-040 X 06/06/22 Approved 06/06/22
2022-041 X 06/09/22
2022-042 X 06/13/22 Approved 07/13/22
2022-043 X 06/13/22 Approved 06/29/22
2022-044 X 06/14/22
2022-045 X 06/15/22
2022-046 X 06/15/22
2022-047 X 06/22/22
2022-048 X 06/27/22
2022-049 X 06/27/22
2022-050 X 06/28/22
2022-051 X 06/29/22
2022-052 X 07/05/22
2022-053 X 07/06/22
2022-054 X 07/06/22
2022-055 X 07/06/22 Approved 11/15/22
2022-056 X 07/06/22
2022-057 X Ordinance 07/07/22
2022-058 X 07/11/22 Approved 11/30/22
2022-059 X 07/11/22
2022-060 X 07/11/22
2022-061 X 07/12/22
2022-062 X 07/18/22
2022-063 X 07/19/22
2022-064 X 07/19/22
2022-065 X 07/19/22
2022-066 X 07/20/22 Approved 11/10/22
2022-067 X 07/21/22
2022-068 07/25/22 Approved 08/02/22
2022-069 X X 07/28/22
2022-070 X 07/28/22
2022-071 X 08/01/22
2022-072 X ZCA 08/02/22
2022-073 X 08/02/22 Approved 08/22/22
2022-074 X 08/09/22 Approved 01/11/23
2022-075 X 08/17/22 Approved 12/21/22
2022-076 08/23/22 Approved 11/29/22
2022-077 X 09/01/22 Approved 10/06/22
2022-078 X 09/06/22
241Exhibit 2
City of Bell Gardens – 2022 General Plan Annual Progress Report
2022-079 X 09/07/22
2022-080 X 09/19/22 Approved 11/09/22
2022-081 X 09/20/22
2022-082 X 09/21/22
2022-083 X 09/26/22
2022-084 X 09/29/22
2022-085 X 10/06/22 VOID
2022-086 X 10/17/22
2022-087 X 10/17/22
2022-088 X 10/17/22
2022-089 X 10/20/22 Approved 11/15/22
2022-090 X 10/31/22
2022-091 X 11/03/22
2022-092 X 11/14/22
2022-093 X 11/14/22
2022-094 X 11/17/22
2022-095 X 11/17/22 Approved 11/29/22
2022-096 X 11/28/22
2022-097 X 11/30/22
2022-098 X 11/30/22 Approved 01/03/23
2022-099 X 12/19/22
242Exhibit 2
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 11.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Grissel C havez, D irector of P ublic Works
S UB J E C T:T HIRD AM E ND M E NT T O P RO F E S S IO NAL S E RV IC E S AG RE E M E NT WIT H HF &H
C O NS ULTANT S L L C AM E ND I NG C O M P E NS AT I O N D AT E:March 13, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council by motion:
1. Adopt the attached Resolution; and
2. Approve a T hird A mendment to the Prof essional Services A greement with HF &H Consultants L L C (HF &H) amending the compensation.
B AC K G RO UND/D IS C US S I O N:
HF &H has been providing solid waste consulting services to the City since 2012, in order to meet the regulatory requirements of A ssembly Bill 939, the C alif ornia I ntegrated Waste Management Action of 1989 (“Act”) requiring the reduction of the City’s solid waste stream by f if ty percent (50%) by the year 2000; and Senate B ill S B 1383 requiring all generators of organics (food waste, food soiled paper, green waste, etc.), to have an organics diversion program as of J anuary 1, 2022.
On May 8, 2017, f ollowing a competitive R F P process, the C ity of B ell Gardens awarded HF &H an agreement f or Solid Waste Consultant Services for a three year term with the option of two one year extensions, f or an annual not to exceed fee of $50,000. T he original scope of work provided by HF &H Consultants L L C included administrative services related to A B 939 compliance and the monitoring of the residential and commercial franchise agreements with haulers.
On J uly 26, 2021, the City Council approved the f irst amendment to the HF&H Consultant L L C A greement for an additional f ee of $75,000, that included an additional scope of work relating to the new S B 1383 requirements.
On F ebruary 28, 2022, the City C ouncil approved the second amendment to the HF &H Consultant L L C A greement which extended the term end date f rom May 7, 2022 to May 7, 2024. T he second amendment also increased the scope of services and compensation to a not exceed amount of $192,850 ($95,000 f or the first year ending May 2023, and $97,850 f or the second year ending May 2024). T his original compensation amount was based on an estimated level of ef f ort to carry out the f orthcoming S B 1383 duties and requirements.
F rom May 2022 present, HF &H has and will continue monitoring the haulers’ data f or CalR ecycle reporting and tracking relating to both A B 939 and S B 1383; coordinating with haulers when data is not being provided/deemed non-compliant; and guiding the City on needed action when haulers are not achieving diversion targets. T his is 243
necessary even with all hauler agreements being executed and their S B 1383 activities being fully implemented because the City is required to report to C alRecycle on a monthly and annual basis. T he City is on a strict schedule to comply with all S B 1383 provisions under the S B 619 Notification of I ntent to Comply to avoid receiving penalties. T he S B 1383 recordkeeping and submission of data began in September 2022. T his process is new to the haulers and the City so it is critical for HF &H to continue their coordination and support to the C ity to ensure timelines and requirements are followed; otherwise, City may be subject to penalties by C alRecycle which can range from $500 per violation per day up to $10,000 per violation per day. C ity staff does not have the technical expertise or capacity to be able to fulfill all the CalR ecycle requirements as well as provide technical support to the haulers (including non-exclusive).
T hird Amendment
T he proposed third A mendment to the HF&H Consultants, L L C Agreement will increase the total not to exceed compensation from $192,850 to $222,018 f or additional time and ef f ort expended on S B 1383 activities through Year 1 as summarized below. I t is anticipated there may be some savings in Year 2, which is captured in the proposed compensation total. T he detailed justification provided by HF &H is attached for C ouncil review.
Additional E f f ort and A ctivities I mplemented in Year 1
C ontract year 1 required HF & H to conduct an extra level of effort to position the C ity to comply with the requirements of S B 1383, which became effective on J anuary 1, 2022, and the C ity’s new f ranchise amendment with Athens S ervices became ef f ective September 1, 2022. The implementation and roll-out of those programs is underway.
HF &H assisted the City with the preparation and submittal of a Notice of I ntent to Comply (NO I C) to CalR ecycle which was due March 1, 2022, which included approval of a C ouncil R esolution. Over the course of the year, the NO I C underwent several reviews, revisions, and meetings with CalR ecycle which eventually translated into an approved Corrective A ction Plan (C A P).
C alRecycle released an updated and restructured version of the E lectronic A nnual R eport (E A R ) on J une 15, 2022.
T he new E A R included new sections pertaining to S B 1383 requirements resulting in additional time to learn the updated report structure and gather and analyze data from various sources in the appropriate format prior to submittal.
T he Organic Waste Capacity Planning report included assessing and researching the C ity’s capacity f or organic waste recycling and edible food recovery per S B 1383. T his new report required gathering additional inf ormation from all haulers and synthesizing their data to meet L A C ounty’s J une 2022 deadline. HF &H also prepared an implementation schedule response in order for the City to meet the November 30, 2022 deadline as requested by L A C ounty.
Alternative methods f or S B 1383 compliance allowed jurisdictions to create and implement a waiver process. HF &H assisted the C ity in creating an S B 1383 waiver process, waiver verification, and communication with haulers f or incomplete requests, including the creation and maintenance of the waiver tracker f orm.
On September 16, 2022, G overnor Newsom signed A B 1857 with an effective date of J anuary 1, 2023. A B 1857 repeals the provision of A B 939 that allows jurisdictions to count up to 10% of the waste sent to transf ormation facilities toward their 50% diversion requirement. I n late December 2022, Athens S ervices reached out to the City requesting a meeting to discuss the impacts A B 1857 would have on the commercial sector and potentially not meeting the 40% diversion requirement of the non-exclusive agreement. A thens S ervices also inquired about a six 244
month ramp up period to onboard customers and continue to include transformation as diversion f or the C ity. HF &H incurred additional hours for research and preparing and attending meetings to address A B 1857 concerns with City staf f and A thens Services.
T he estimated compensation for contract year 1 did not include for any contract negotiations with Athens S ervices because they had been assumed to be completed in the prior contract year. However, the C ity’s contract negotiations with Athens S ervices extended into J une of 2022. T herefore, a portion of that cost was billed to the current Year 1 budget.
C O NC L US I O N:
Approving the T hird Amendment for the additional services provided by HF &H is necessary to provide the corresponding level of compensation. HF &H has been assisting the City and its haulers in achieving compliance with S B 1383 and avoid penalties, as well as providing necessary technical support and guidance to staf f and haulers on new CalR ecycle requirements.
F I S C AL I M PAC T:
T he F Y 2022-2023 mid-year budget request includes an additional appropriation of $29,168 from the Residential Waste Management fund 240 and Waste Management (commercial) fund 250 for the expended Year 1 activities (May 2022 to May 2023). T he City also received a Cal Recycle grant for S B 1383 L ocal Assistance program f or $60,548 which has helped of f set these related consulting services.
AT TAC HM E NT S :
D escription
Exhibit 1 - Resolution No. 2023-19
Exhibit 2 - T hird A mendment to Agreement with HF H with all exhibits AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 245
RESOLUTION NO. 2023-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A THIRD AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF BELL GARDENS AND HF&H CONSULTANTS, LLC
WHEREAS, on May 8, 2017, the City of Bell Gardens (“City”) executed and entered into a Professional Services Agreement with HF&H Consultants, LLC (“HF&H”) for solid waste consultant services; and
WHEREAS, the Master Agreement was later extended by way of a side letter that was executed on April 29, 2021; and
WHEREAS, on July 26, 2021, the City Council authorized a First Amendment to the Agreement to allow for additional services; and
WHEREAS, on February 28, 2022, the City Council authorized a Second Amendment to the Master Agreement for services related to compliance with SB 1383; and
WHEREAS, City Staff continues to require HF&H’s expertise and services related to compliance with SB 1383; and
WHEREAS, given the need for continued support, the City desires to amend the Master Agreement to increase the compensation amount for the remainder of the term.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and discussion, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves a Third Amendment to the Master Agreement with HF&H Consultants, LLC which is attached to the staff report as Exhibit 2.
SECTION 3. The City Council further authorizes and directs the City Manager and staff to execute the Third Amendment and take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
246Exhibit 1
Resolution No. 2023-19
2 of 2
PASSED, APPROVED and ADOPTED this 13th day of March, 2023.
THE CITY OF BELL GARDENS
___________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ___________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
247Exhibit 1
1 2023
THIRD AMENDMENT TO PROFESSIONALSERVICES AGREEMENT
(Engagement: Solid Waste Contracting Assistance)
(Parties: City of Bell Gardens and HF&H Consultants, LLC)
THIS THIRD AMENDMENT (hereinafter, “Third Amendment”) to that certain agreement entitled “Professional Services Agreement Between the City of Bell Gardens and HF&H Consultant, LLC” and dated May 8, 2017 (hereinafter, “Master Agreement”), is hereby made and entered into this day of , 2023 (hereinafter, “Effective Date”) by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, “City”) and HF&H CONSULTANTS, LLC (hereinafter, “Consultant”). For purposes of this Third Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.
RECITALS
This Third Amendment is made and entered into with respect to the following facts:
WHEREAS, on May 8, 2017, the Parties executed and entered into a Professional Services Agreement for the Consultant to provide solid waste consultant services; and
WHEREAS, the Master Agreement was later extended by way of a side letter that was executed on April 29, 2021 (hereinafter, “Side Letter No. 1”); and
WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter, “First Amendment”) and was approved by the City Council of Bell Gardens (“City Council”) at its Regular Meeting of July 26, 2021, for purposes of modifying Consultant’s Scope of Work and Compensation provisions of the Master Agreement; and
WHEREAS, the Master Agreement was later amended by way of a second amendment (hereinafter, “Second Amendment”) and was approved by the City Council at its Regular Meeting of February 28, 2022, for purposes of modifying the Compensation, Term and Consultant’s Services of the Master Agreement; and
WHEREAS, for purposes of this Third Amendment, the Master Agreement as amended by way of Side Letter No. 1, the First Amendment and Second Amendment, may be referred to collectively as the “Master Agreement”. The Master Agreement is attached and incorporated hereto as Exhibit “A”; and
WHEREAS, the Parties agreed to a Not-to-Exceed Sum of One Hundred Ninety- Two Thousand Eight Hundred Fifty Dollars ($192,850) for the remainder of the Term of the Master Agreement (hereinafter “Aggregate Not-to-Exceed Sum”); and
248Exhibit 2
2 WHEREAS, the Parties now wish to modify the Compensation of the Master Agreement to allow Consultant to continue to provide the required services for the remainder of the Term; and
WHEREAS, a summary of the continued services and additional compensation requested by Consultant are set forth and more particularly described in Consultant’s February 3, 2023, “Updated Scope of Work and Fee Estimate to Provide SB1383 Contracting Assistance” (hereinafter, the “February 3, 2023 Cost Estimate) which is attached and incorporated hereto as Exhibit “B”.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. Section 6.1 (COMPENSATION) of the Agreement is hereby amended to increase the Aggregate Not-to-Exceed Sum of ONE HUNDRED NINETY- TWO THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($192,850) by TWENTY-NINE THOUSAND ONE HUNDRED SIXTY-EIGHT DOLLARS ($29,168) for a new Aggregate Not-to-Exceed Sum of TWO HUNDRED TWENTY-TWO THOUSAND EIGHTEEN DOLLARS ($222,018) for the remainder of the Term of the Master Agreement.
SECTION 2. Except as otherwise set forth in this Third Amendment, the Master Agreement, Side Letter No. 1, First Amendment, and Second Amendment shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this Third Amendment, together with the Master Agreement, Side Letter No. 1, First Amendment, and Second Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION 3. The provisions of this Third Amendment shall be deemed a part of the Master Agreement, Side Letter No. 1, First Amendment and Second Amendment and except, as otherwise provided under this Third Amendment, the Master Agreement, Side Letter No. 1, First Amendment and Second Amendment, and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Third Amendment and the provisions of the Master Agreement, Side Letter No. 1, First Amendment and Second Amendment, the provisions of this Third Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, Side Letter No. 1, First Amendment and Second Amendment, and no further.
[SIGNATURES ON NEXT PAGE]
249Exhibit 2
3 IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed on the day and year first appearing above.
CITY:
CITY OF BELL GARDENS
By:__________________________________
Michael B. O’Kelly, City Manager
Date:
APPROVED AS TO FORM:
By:_________________________________
Stephanie Vasquez, City Attorney
Date:
CONSULTANT:
HF&H CONSULTANTS, LLC
By:____________________________
Name:_________________________
Title: __________________________
Date:
250Exhibit 2
4 EXHIBIT “A”
MASTER AGREEMENT
251Exhibit 2
252Exhibit 2
253Exhibit 2
254Exhibit 2
255Exhibit 2
256Exhibit 2
257Exhibit 2
258Exhibit 2
259Exhibit 2
260Exhibit 2
261Exhibit 2
262Exhibit 2
263Exhibit 2
264Exhibit 2
265Exhibit 2
266Exhibit 2
267Exhibit 2
268Exhibit 2
269Exhibit 2
270Exhibit 2
271Exhibit 2
272Exhibit 2
273Exhibit 2
274Exhibit 2
275Exhibit 2
276Exhibit 2
277Exhibit 2
278Exhibit 2
279Exhibit 2
280Exhibit 2
281Exhibit 2
282Exhibit 2
283Exhibit 2
284Exhibit 2
285Exhibit 2
286Exhibit 2
287Exhibit 2
288Exhibit 2
289Exhibit 2
290Exhibit 2
291Exhibit 2
292Exhibit 2
293Exhibit 2
294Exhibit 2
5 EXHIBIT “B”
FEBRUARY 2023 COST ESTIMATE
295Exhibit 2
Managing Tomorrow’s Resources Today
2081 Business Center Drive, Suite 265 Robert D. Hilton, Emeritus Irvine, California 92612 John W. Farnkopf, PE
Telephone: (949) 251-8628 Laith B. Ezzet, CMC
Fax: (949) 251-9741 Richard J. Simonson, CMC
www.hfh-consultants.com Marva M. Sheehan, CPA
Rob C. Hilton, CMC
February 3, 2023
Ms. Grissel Chavez
Director of Public Works
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, California 90201
Re: Updated Scope of Work and Fee Estimate to Provide SB 1383 Contracting Assistance
Dear Ms. Chavez:
This letter provides a budget update for our consulting agreement. The contract was for a two-year period beginning on May 23, 2022 and ending May 22, 2024. The estimated budget was $95,000 for contract year 1 and $97,850 for contract year 2, for a combined two-year total of $192,850. Based on work performed to date, we estimate that the two-year total will increase by $29,168 to an updated amount of $222,018, an adjustment of 15%. Details are provided below.
We have invoiced the City for $91,092 for billings through December 31, 2022. We have incurred an additional $7,403 in January 2023 for which we have not yet invoiced the City. Therefore, total accrued costs through January 31, 2023 are $98,495. We estimate the remaining work effort for contract year 1 to be $30,673 as shown in the attached workplan. Therefore, the total cost for contract year 1 is estimated to be $129,168, an increase of $34,168 over the estimated budget of $95,000.
Contract year 1 required an extra level of effort to position the City to comply with the requirements of SB 1383, which became effective on January 1, 2022, and the City’s new franchise amendment with Athens Services became effective September 1, 2022. As the implementation and roll-out of those programs are now underway, we believe the estimate for contract year 2 may be reduced by approximately $5,000 based on our current understanding of the work effort; this could change based on new regulatory requirements or evolving interpretations and guidance from CalRecycle regarding the implementation of SB 1383, or the level of support requested by the City. Assuming the $5,000 savings in contract year 2 are realized, the net budget increase over the two contract years would be $29,168 ($34,168 - $5,000 = $29,168).
296Exhibit 2
Managing Tomorrow’s Resources Today
Ms. Grissel Chavez
February 3, 2023