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, AP RI L 24, 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 comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments 1 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
•AT HE NS S E RV IC E S
•P RO F E S S I O NAL M UNIC I PAL C L E RK S WE E K AP RI L 30, 2023 - M AY 6, 2023 •P RO C L AM AT IO N RE C O G NIZING G L O B AL L O V E D AY •P RO C L AM AT IO N RE C O G NIZING M E NTAL HE ALT H AWARE NE S S M O NT H •P RO C L AM AT IO N RE C O G NIZING O L D E R AM E RI C ANS M O NT H •RE C O G NI T I O N O F RE S ID E NT S AT TAI NG M E NT O F U.S . C IT IZE NS HIP
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.
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. 1 - 7)
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. 2 I tems called f or separate discussion will be heard as the next order of business.
1.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.
2.AP P RO VAL M INUT E S O F AP RI L 10, 2023 C L O S E D S E S S IO N AND C IT 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 A pril 10, 2023 C losed S ession and C ity/Successor Agency J oint Meetings.
Recommendation:
I t is staf f 's recommendation that the City Council approve the minutes of the A pril 10, 2023 Closed S ession and C ity/Successor Agency J oint Meetings.
3.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 staf f 's recommendation that the S uccessor A gency Members receive and f ile the warrant register dated 03/28/23.
4.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, 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 03/23/23, 03/28/23 and 04/04/23.
3 5.F IRS T AM E ND M E NT T O S P O NS O R AG RE E M E NT WIT H L O S ANG E L E S
C O NS E RVAT I O N C O RP S
I n A pril 2021, the C ity of B ell Gardens was awarded $346,408 of Urban G reening P rogram grant f unds for the “Trees for B G P lanting Project”. The Urban Greening P rogram f unds projects that reduce greenhouse gases by sequestering carbon, decreasing energy consumption, and reducing vehicle miles traveled, while also transf orming the built environment into places that are more sustainable, enjoyable, and effective in creating healthy and vibrant communities. As of February 28, 2023, 500 trees have been planted citywide by L ACC through the Sponsor Agreement. T he estimated fee for L ACC to perform this scope of work was initial $277,162. One hundred percent of this cost will be reimbursed to the City by the awarded Urban Greening grant funds. Now an amendment to the Sponsor Agreement is needed to extend the engagement period or term of the agreement and increase the total estimated fee paid to L AC C by $24,287.99.
Recommendation:
I t is staf f 's recommendation that the City Council adopt the attached resolution and authorize the City Manager to execute the attached First Amendment to Sponsor Agreement with the Los Angeles Conservation Corps in connection with the Trees for BG Planting Project.
6.RI G HT O F E NT RY AG RE E M E NT WI T H L A C O UNT Y S ANI TAT I O N D IS T RIC T F O R F O RD
PARK AB C F IE L D
T he P ublic Works D epartment has been coordinating with L os A ngeles C ounty Sanitation D istrict (County) f or the rehabilitation of the C ounty’s trunk sewer line that traverses the C ity from the southerly city boundary to the northern city boundary. T he most southerly portion of the trunk sewer line is along the western edge of Southern C alif ornia E dison R O W portion of the A B C S occer F ield. T he repair work is necessary f or continued service with maintenance free activities of these important infrastructure conveyance systems. T he project is anticipated to take place f rom J une 2023 through October 2023.
Recommendation:
I t is staff's recommendation that the C ity C ouncil by motion:
1. A dopt the attached R esolution, approving the Right of E ntry A greement between the C ity of B ell Gardens and the L os A ngeles C ounty Sanitation District, for work within the Southern California E dison E asement along the western edge of the B ell G ardens A B C S occer F ield; and
2. Authorize the C ity Manager to execute the required documents.
7.AP P RO VAL O F L IV E E NT E RTAI NM E NT AG RE E M E NT WI T H T L C C RE AT I V E
T E C HNO L O G Y F O R I ND E P E ND E NC E D AY C E L E B RAT IO N M ULT I-M E D IA AND L AS E R S HO W
A doption of Resolution and approval of a live entertainment agreement with T L C C reative Technology for a three-year term with the option of two one-year extensions.
Recommendation:
I t is staff's recommendation that the C ity C ouncil by motion:
1. A dopt the attached resolution and;
2. A pprove a live entertainment agreement with T L C C reative Technology for the C ity’s I ndependence Day C elebration Multi-Media L aser Show f or a three-year term with the option of two one-year year extensions.
D I S C US S IO N (Item Nos. 8 - 11)
8.P RO G RE S S AND NE X T S T E P S - E VAL UAT IO N O F C IT Y 'S WAT E R S Y S T E M WAT E R 4 Q UAL IT Y
I n S eptember of 2020, the S tate Water R esources Control B oard – Division of Drinking Water (S W R C B -D D W ) required the City of B ell Gardens to collect quarterly samples for a series of 18 different per- and poly-fluorinated alkyl substances (P FA S), under G eneral O rder No. D W 2020- 0003-D D W. On September 10, 2021, the C ity turned off the C ity water system’s only operating well #1 due to the exceedances of the Response L evels f or P F O A. W ith the well turned of f , the City water system is utilizing Metropolitan Water D istrict of S outhern C alif ornia (MW D ) at a much higher cost. T he City's engineering firm began well inspection, well prof iling and an evaluation of the options available to the City to improve the water quality of the well to comply with regulations and requirements to get the well back into production. T he Water Quality I mprovement E ngineering Study has been completed and based on all options, I on Exchange P FA S treatment is the most viable option to consider. I f the C ity began the I on exchange treatment design in J uly 2023, it is estimated that Well 1 and its new treatment plant will be operational by D ecember 2026.
Recommendation:
I t is recommended that the C ity C ouncil by motion:
1. Receive and file the report regarding the City’s Water Quality I mprovement E ngineering S tudy containing evaluated options to restore the well to operation and explore alternative groundwater sources;
2. A uthorize staff to issue a R equest f or S ervices (R F S ) to I nfrastructure Engineers to initiate and complete the design of the I on Exchange P FA S Treatment Plant, upon the S tate Water B oard approving the City’s requested grant amendment or C ity appropriating necessary f unding; and
3. A uthorize staff to issue a R equest f or S ervices (R F S ) to I nfrastructure Engineers to initiate the Prop 218 study for a new water rate adjustment in F Y 24-25, upon S tate Water B oard approving the C ity’s requested grant amendment or City appropriating necessary funding.
9.PARK ING P O L IC I E S AND P RO G RAM S
T he Bell Gardens P ublic Works Department has received input f rom residents expressing concerns regarding limited parking availability in residential locations. A s part of an effort to address these concerns various policies and programs have been implemented to provide residents with the resources to address their needs.
Recommendation:
I t is staff's recommendation that the C ity C ouncil by motion receive and f ile this report.
10.S I D E WAL K V E ND I NG C O M P L IANC E RE P O RT Update on the City's Sidewalk Vending Ordinance No. 932 and report of recent code enf orcement activity sidewalk vendors and business to ensure compliance with state and local regulations.
Recommendation:
I t is staff's recommendation that the C ity Council receive and file this report. T he City Council may also provide staff with direction, if desired, on added alternative regulations available to administer and enforce the City’s Sidewalk Vending Ordinance.
11.UP D AT E O N C I T Y RE NT S TAB I L IZAT IO N AND T E NANT E V IC T I O N P RO T E C T I O NS
O RD INANC E
Update on the City's Rent Stabilization and Tenant Eviction Protections Ordinance (No. 925) since its adoption in O ctober of 2022 to provide data on services that have been provided thus far, cost study status, f urther clarif ication on qualif ying dwelling units, such as mobile homes, and upcoming standing educational workshops.
5 Recommendation:
I t is the recommended that the City Council receive and f ile this report.
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 A pril 20, 2023.
6 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:P RO F E S S I O NAL M UNIC I PAL C L E RK S WE E K AP RI L 30, 2023 - M AY 6, 2023 D AT E:April 24, 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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 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:P RO C L AM AT IO N RE C O G NIZING O L D E R AM E RI C ANS M O NT H D AT E:April 24, 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 City 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 •
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:RE C O G NI T I O N O F RE S ID E NT S AT TAI NG M E NT O F U.S . C IT IZE NS HIP D AT E:April 24, 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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 9 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: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:April 24, 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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 10 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, 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 AP RI L 10, 2023 C L O S E D S E S S I O N AND C IT 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:April 24, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the C ity Council approve the minutes of the April 10, 2023 Closed 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 A pril 10, 2023 R egular C ity C ouncil/S uccessor A gency J oint Meeting Exhibit 2 - Minutes of A pril 10, 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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 11 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, AP RI L 10, 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. 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 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
T he Council Members of the City of Bell Gardens City Council/S uccessor A gency held a J oint R egular meeting on A pril 10, 2023, in the C ouncil Chambers, 7100 Garfield Avenue, B ell Gardens, C A with Mayor Alejandra Cortez presiding. Mayor A lejandra C ortez called the joint meeting to order at 6:10 p.m.
I dalia
12Exhibit 1
INV O C AT I O N
T he invocation was given by P astor R eynaldo L eal.
P L E D G E O F AL L E G IANC E
T he P ledge of A llegiance was led by P olice C hief S cott F airfield.
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
Present:
Marco Barcena, Agency Member/C ouncil Member
J orgel Chavez, Agency Member/C ouncil Member
Maria P ulido, Agency Member/C ouncil Member
A lejandra C ortez, Chair/Mayor
Absent:
F rancis De L eon S anchez, Vice C hair/Mayor P ro Tem (Excused)
P RE S E NTAT IO NS
•D O NAT I O N AND S IG NING O F P O L IC E D E PART M E NT ART WO RK B Y C AL IX T O
S HIB AYA
Police Chief Scott F airf ield provided a brief presentation. •P RO C L AM AT IO N D E C L ARING T HE M O NT H O F AP RI L AS ART S , C ULT URE , AND
C RE AT I V I T Y AD V O C AC Y M O NT H
C ouncilmember Marco Barcena read the certificate of recognition. •B L UD O T "O P E N RE WARD S - S HO P L O C AL P RO G RAM ' P RE S E NTAT I O N Mar ia P iriczky, S ales Executive, and Sophia Z heng, F ounder and Chief Executive Officer of Bludot Technologies I nc., provided a brief presentation.
•RIV E RS AND M O UNTAINS C O NS E RVANC Y RIV E R RANG E R P RO G RAM Natalia D oshi, Watershed C onservation Authority P roject Manager, provided a brief presentation.
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 J ulia Emerson spoke regarding programs available to help residents with high gas bills.
Bruce C row spoke regarding various topics.
L ilia Chavez spoke in support of rent control protections. 13Exhibit 1
Maria P adilla spoke in support of rent control protections.
L ee S quire spoke in support of both the Blue L ine flag and paying tribute to the Holocaust.
Estela Mata spoke in support of rent control protections.
R osa P erales spoke in support of rent control protections.
Martha spoke in support of rent control protections.
J oshua J acinto spoke in support of rent control protections.
C armen Rodriguez spoke in support of rent control protections.
C armen spoke in support of extending restricted operating hours of the Southeast Area A nimal Control Authority (S E A A C A).
D oris S errano spoke in support of rent control protections.
J asmine spoke in support of support of rent control protections.
I dalia Rubio spoke in support of rent control protections.
Veronica spoke in support of extending restricted operating hours of the S outheast A rea Animal Control Authority (S E A A C A).
Valerie Mena spoke in support of of extending restricted operating hours of the S outheast A rea A nimal C ontrol Authority (S E A A C A).
P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY Gaby Ortiz spoke in support of item number 11.
Bruce C row spoke regarding item numbers 11, 12, and 13.
C I T Y M ANAG E R'S RE P O RT
C ity Manager Michael O'K elly provided a brief report.
C O NS E NT C AL E ND AR (Item Nos. 1 - 16)
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.
A motion was made by Mayor Alejandra Cortez, seconded by Councilmember Marco B arcena to approve 14Exhibit 1
C onsent Calendar I tem Nos. 1 - 16.
T he motion carried 4-0-1 with the following vote:
AYE S : B arcena, C havez, Pulido, C ortez
NO E S: None
A B S E NT: D e L eon Sanchez
A B S TA I N: None
1.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.
2.AP P RO VAL M INUT E S O F M ARC H 13, 2023 C L O S E D S E S S I O 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 March 13, 2023 Closed Session 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 March 13, 2023 Closed Session and City/S uccessor A gency J oint Meetings.
3.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 staf f 's recommendation that the S uccessor A gency Members receive and f ile the warrant register dated 02/28/23.
4.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, 15Exhibit 1
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 02/28/23, 03/07/23, 03/14/23 and 03/21/23.
5.J ANUARY 2023 T RE AS URE R'S RE P O RT
T he Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.
Recommendation:
I t is recommended that the City Council receive, approve, and file the J anuary 2023 Treasurer's Report.
6.F E B RUARY 2023 T RE AS URE R'S RE P O RT
T he Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.
Recommendation:
I t is recommended that the C ity Council receive, approve, and f ile the F ebruary 2023 Treasurer's Report.
7.C L AI M RE J E C T I O N
A claim was filed with the City by Caltrese C lemons and L aura Maria Beltran Ontiveros. Staf f directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation. F ollowing the investigation, C arl Warren & C ompany and City staff determined that the C ity is not liable f or 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:
Catrese C lemons v. C ity of Bell Gardens (D O E 1/25/2023; D O R 3/1/2023) L aura Maria B eltran Ontiveros v. City of B ell Gardens (D O E 2/25/2023; D O R 3/7/2023)
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.
8.RE J E C T IO N O F B ID S F O R T HE VARIO US AL L E Y S IM P RO V E M E NT S P RO J E C T (#3917)
16Exhibit 1
On F ebruary 13, 2023, City Council approved the plans and specs and authorized staff to solicit bids f or the construction of this project. The project scope of work consists of reconstructing various alleys with the removal of the existing asphalt pavement and concrete ribbon gutter; repair and re-compaction of the subgrade as required; construct new concrete ribbon gutter; adjust meter boxes and vaults to grade and construct new asphalt pavement. A t this time, staff has determined that it needs revise the bid solicitation materials in order to obtain a bid that is more appropriate for the C ity's needs.
Recommendation:
I t is staff's recommendation that the C ity C ouncil by motion:
1. A pprove the rejection of bids received on March 02, 2023, f or the F Y 2021-2022 Various A lley I mprovement Project; and
2. A uthorize staf f to re-advertise and publish the Notice of I nviting B ids.
9.AD O P T IO N O F M E M O RAND A O F UND E RS TAND ING B E T WE E N T HE C I T Y AND T HE
B E L L G ARD E NS P O L I C E M ANAG E M E NT AS S O C IAT IO N (B G P M A) T he City commenced labor negotiations with the B G P MA in February 2023. After several negotiations sessions, the City has now reached tentative agreements with the B G P MA on successor Memoranda of Understanding (MO U) for the period of April 1, 2023 through March 31, 2026, subject to C ity C ouncil approval.
Recommendation:
I t is staf f 's recommendation that the City Council, by motion, approve the R esolution adopting the Memoranda of Understanding between the City and the Bell Gardens P olice Management A ssociation (B G P MA ) commencing on April 1, 2023 and continuing through March 31, 2026.
R esolution No. 2023-23 was adopted.
10.AD O P T IO N O F M E M O RAND A O F UND E RS TAND ING B E T WE E N T HE C I T Y AND T HE
B E L L G ARD E NS P O L I C E O F F I C E RS AS S O C I AT I O N (B G P O A) T he City commenced labor negotiations with the B G P O A in February 2023. After several negotiations sessions, the City has now reached a tentative agreements with the B G P O A on successor Memoranda of Understanding (MO U) for the period of April 1, 2023 through March 31, 2026, subject to C ity C ouncil approval.
Recommendation:
I t is staf f 's recommendation that the City Council, by motion, approve the R esolution adopting the Memoranda of Understanding between the C ity and the B ell Gardens Police Officers Association (P O A ), commencing on A pril 1, 2023 and continuing through March 31, 2026.
R esolution No. 2023-24 was adopted.
11.S E C O ND RE AD I NG AND AD O P T I O N O F O RD INANC E NO . 931 AD D ING C HAP T E R 9.71
ART IN P UB L I C P L AC E S O F T HE B E L L G ARD E NS M UNIC I PAL C O D E S econd Reading and A doption of Ordinance No. 931, A rt in Public Places.
Recommendation:
I t is staff's recommendation that the C ity C ouncil waive f ull reading and adopt Ordinance No. 931, 17Exhibit 1
by title only, amending Title 9 of the B ell Gardens Municipal Code to add Chapter 9.71, “A rt in P ublic P laces.”
Ordinance No. 931 was adopted.
12.S E C O ND RE AD I NG O F AND AD O P T IO N O F O RD I NANC E NO. 932 AM E ND I NG C HAP T E R 5.56 (S ID 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 S econd reading and adoption of Ordinance No. 932 amending Chapter 5.56 (sidewalk vending) of the Bell Gardens Municipal Code.
Recommendation:
I t is staf f ’s recommendation that the C ity Council waive f ull reading and adopt Ordinance No. 932, by title only, amending Chapter 5.56 ("Sidewalk Vending") of the Bell Gardens Municipal Code.
Ordinance No. 932 was adopted.
13.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 IT Y F O R T HE P RE PARAT I O 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 Tenant 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.
R esolution No. 2023-25 was adopted.
14.AP P RO VAL T O E NT E R I NT O A C O NT RAC T WIT H B L AC K & WHI T E E M E RG E NC Y V E HI C L E S INC .
T he P olice D epartment requests approval to enter into a contract with B lack and W hite E mergency Vehicles, I nc. for the installation of emergency and electronics equipment f or the three Ford P olice I nterceptor Utility vehicles that were purchased and approved by the C ity C ouncil on F ebruary 27, 2023.
Recommendation:
I t is staff's recommendation that the C ity C ouncil:
1. A pprove an agreement with B lack and W hite Emergency Vehicles, I nc. for the purchase and installation of emergency and communications equipment for the three previously purchased F ord P olice I nterceptor Utility vehicles that were approved by City Council on February 27, 2023 (R esolution 2023-11); and
2. A dopt a resolution authorizing the C ity Manager to execute an agreement with B lack and W hite Emergency Vehicles, I nc.
R esolution No. 2023-26 was adopted.
18Exhibit 1
15.AWARD O F C O NT RAC T F O R T HE C IT Y WID E S T RI P I NG AND M ARK I NG P RO J E C T (#3916)
On February 13, 2023, the C ity C ouncil approved the plans and specif ications and gave staf f authorization to solicit bids f or the F Y 2022-2023 Citywide Striping Project. T he project scope of work consists of re-striping all lane lines, double lines, yellow lane lines, edge lines and other lane striping with no bid alternates. On March 2, 2023 the City received two (2) bid proposals.
S taff conducted an analysis of the apparent lowest bidder P C I . T his analysis included a review of their bid schedule, bid bond, license, references, and all required documentation. I t has been determined that P C I is the lowest responsive and responsible bidder. T heref ore, staf f is recommending that the City Council by motion award of a construction contract to P C I .
Recommendation:
I t is staff's recommendation that the C ity C ouncil by motion:
1. Award a construction contract to P C I in the amount of $101,310 f or the F Y 2022-2023 Citywide Striping Project – C .I .P. No. 3916; and
2. A uthorize staf f to execute the agreement and approve change orders that may be necessary during construction to cover any unf oreseen condition in an amount not to exceed 10% of the construction contract.
16.AD O P T A RE S O L UT I O N AUT HO RIZING PART IC I PAT I O N I N T HE O P I O I D NAT IO NAL S E T T L E M E NT S ARI S I NG O UT O F I N RE : NAT IO NAL P RE S C RI P T I O N O P I AT E L IT IG AT IO N, U.S . D IS T RIC T C O URT, NO RT HE RN D IS T RIC T O F O HIO E AS T E RN D IV IS IO N, C AS E NO. 1:17-M D -02804
A pproximately $20.2 billion in nationwide settlements have been reached with two opioid manuf acturers and three retailers/pharmacies. T he settlement is comprised of approximately $6.6 billion with Teva and Allergan, and approximately $13.5 billion with C V S , Walgreens, and Walmart, in an effort to hold the Opioid Defendants financially responsible for the opioid epidemic’s local impacts. T hese f ive settlements are in addition to a $26 billion settlement reached in 2022.
Recommendation:
I t is staff's recommendation that the C ity C ouncil adopt the attached resolution authorizing the City to:
1. E nter into f ive national opioids litigation settlement agreements with Teva, A llergan, C V S, Walgreens, and Walmart;
2. A gree to the terms of the related State-S ubdivision agreements; and
3. A uthorize entry into the related S tate-Subdivision agreements with the Attorney General.
R esolution No. 2023-27 was adopted.
D I S C US S IO N (Item Nos. 17 - 18)
17.UP D AT E O N F O RD PARK I NF ILT RAT I O N C I S T E RN P RO J E C T T he J ohn A nson Ford P ark I nf iltration Cistern P roject is a regional project that will capture trash, nutrients, heavy metals, bacteria, and reduce toxicity in the urban runof f from the watershed by installing stormwater and dry weather f low diversion pre-treatment, retention, and inf iltration f acilities that will capture and inf iltrate the stormwater runof f prior to it reaching the Rio Hondo. I n addition to this, the project will capture the runoff water, helping augment the regional water supply in the Central B asin. I t will meet the requirements of the L A RW Q C B MS4 P ermit by capturing and 19Exhibit 1
treating runoff from a 2,295-acre watershed within the L ower L os Angeles River Upper R each 2 Watershed Management Area which consists of the cities of Bell, Bell Gardens, C ommerce, Cudahy, Huntington P ark, Maywood and Vernon. The project will be completed late summer or f all 2023. Once completed the project will be a huge environmental benefit, as the C ity will have made significant strides in meeting regional water quality objectives. I t is staf f 's recommendation that the City Council by motion receive and file this status report update.
Recommendation:
I t is staff's recommendation that the C ity C ouncil by motion receive and file the John Anson Ford Park Infiltration Cistern Project Status Update.
D esi Alvarez, P roject Manager, provided a presentation.
T his item was received and f iled.
18.S P O RT S C E NT E R F I E L D US AG E
Overview of the current S ports Center field usage.
Recommendation:
I t is staff's recommendation that the C ity C ouncil receive and file this report.
Elizabeth Nava, Executive D irector of Recreation and Community Services, provided a presentation.
A motion was made by Mayor A lejandra Cortez, seconded by Councilmember J orgel C havez to receive and file this report.
T he motion carried 4-0-1 with the following vote:
AYE S : B arcena, C havez, Pulido, C ortez
NO E S: None
A B S E NT: D e L eon Sanchez
A B S TA I N: None
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 Members of the Council and S uccessor Agency made community announcements, comments, and requested that items be added to a f uture agenda.
AD J O URNM E NT
Mayor Alejandra Cortez adjourned the meeting at 8:44 p.m.
D aisy Gomez, C ity C lerk
Agenda posted on April 6, 2023.
20Exhibit 1
CITY OF BELL GARDENS
CITY COUNCIL
REGULAR MEETING – CLOSED SESSION
MONDAY, APRIL 10, 2023
5:00 PM
MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. 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-city-council-meetings .
ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than 72-hours before the scheduled meeting.
PUBLIC PARTICIPATION: The 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 City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non- agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:
IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. Public comments are limited to three (3) minutes for 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 Council / Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.
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.
21Exhibit 2
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 / Agency Members 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 / Successor Agency 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
The Council Members of the City of Bell Gardens City Council held a regular meeting on April 10, 2023, in the Council Chambers, 7100 Garfield Ave, Bell Gardens, CA with Mayor Alejandra Cortez presiding. Mayor Alejandra Cortez called the meeting to order at 5:14 p.m.
ROLL CALL OF CITY COUNCIL MEMBERS
Present: Marco Barcena, Council Member
Jorgel Chavez, Council Member (arrived at 5:34 p.m.)
Maria Pulido, Council Member
Alejandra Cortez, Mayor
Absent: Francis De Leon Sanchez, Mayor Pro Tem (Excused)
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
There were no public comments made.
CLOSED SESSION (Item No. 1-2):
City Attorney Stephanie Vasquez announced that the Closed Session items are listed on the agenda.
The City Council recessed into closed session at 5:15 p.m. to discuss the items as listed on the agenda.
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (GOVERNMENT CODE SECTION 54956.9, SUBDIVISION (D)(1)
In Re: National Prescription Opiate Litigation, U.S. District Court, Northern District of Ohio Eastern Division, Case No. 1:17-MD-02804.
2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
City Designated Representatives: Michael B. O'Kelly, City Manager Manuel Carrillo, Director of Finance
22Exhibit 2
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 6:09 p.m., City Attorney Stephanie Vasquez announced that there was no reportable action.
City Clerk Daisy Gomez announced for the record that Councilmember Jorgel Chavez joined the meeting at 5:34 p.m.
ADJOURNMENT
Mayor Alejandra Cortez adjourned the meeting at 6:09 p.m.
_____________________________
Daisy Gomez, City Clerk
Agenda Posed on April 6, 2023.
23Exhibit 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 3.
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:April 24, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the S uccessor Agency Members receive and f ile the warrant register dated 03/28/23.
B AC K G RO UND/D IS C US S I O N:
T he attached warrant register is for 03/28/23. 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 03/28/23 will be received and f iled.
F I S C AL I M PAC T:
Warrant register 03/28/23 12925 $576.80
Total Voucher $576.80
Grand Total Voucher $576.80
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 24 25Exhibit 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 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 RS AND WIRE T RANS F E RS D AT E:April 24, 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 03/23/23, 03/28/23 and 04/04/23.
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 03/23/23, 03/28/23 and 04/04/23. 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 03/23/23, 03/28/23 and 04/04/23 will be received and filed.
F I S C AL I M PAC T:
Wire transfer 03/23/23 1790 - 1794 $266,066.28
Warrant register 03/28/23 185320- 185396 $454,862.19
T otal Ba nk $720,928.47
N et payro ll transfer 03/23/23 -$491,054.34
T ot a l Vouche r $1,211,982.81
Warrant register 04/04/23 185397 - 185448 $346,090.84
T ota l Voucher $346,090.84
Gra nd T otal Vouche rs $1,558,073.65
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 26 27
28Exhibit 1
29Exhibit 1
30Exhibit 1
31Exhibit 1
32Exhibit 1
33Exhibit 1
34Exhibit 1
35Exhibit 1
36Exhibit 1
37Exhibit 1
38Exhibit 1
39Exhibit 1
40Exhibit 1
41Exhibit 1
42Exhibit 1
43Exhibit 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:Veronica Sanchez, Management Analyst
S UB J E C T:F I RS T AM E ND M E NT T O S P O NS O R AG RE E M E NT WIT H L O S ANG E L E S
C O NS E RVAT IO N C O RP S
D AT E:April 24, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City C ouncil adopt the attached resolution and authorize the City Manager to execute the attached First Amendment to Sponsor Agreement with the Los Angeles Conservation Corps in connection with the Trees for B G Planting Project.
B AC K G RO UND/D IS C US S I O N:
I n April 2021, the City of B ell G ardens was awarded $346,408 of Urban Greening P rogram grant funds f or the “Trees f or B G Planting Project”. T he Urban Greening Program funds projects that reduce greenhouse gases by sequestering carbon, decreasing energy consumption, and reducing vehicle miles traveled, while also transforming the built environment into places that are more sustainable, enjoyable, and ef f ective in creating healthy and vibrant communities.
As of F ebruary 28, 2023, 500 trees have been planted citywide as part of the “Trees for B G P lanting Project” including along Eastern Avenue, Garf ield Avenue, Gage Avenue, F lorence Avenue, F lorence P lace, P ark L ane/Scout Avenue, Hannon S treet, L oveland S treet, Suva S treet, F oster Bridge B oulevard, G otham S treet, C ecilia Street, and F ostoria S treet. T he newly planted trees will shade sidewalks, buildings, and streets keeping pedestrians, residents, pathways, roadways and vehicles cooler thus reducing the heat island ef f ect. The shaded sidewalks will encourage more residents to walk, reducing vehicle miles traveled while also improving public health as people make the shif t to active transportation. S torm water runof f reduction and improved water quality will be achieved by planting trees that will intercept and store rainf all, thus reducing runof f volumes and delaying the onset of peak flows.
On A ugust 9, 2021, the City C ouncil approved the execution of a Sponsor Agreement with the L os A ngeles C onservation Corps (“L A C C ”). L A C C is an environmentally focused youth development organization that provides opportunities f or young adults to explore new pathways to meaningful career and education options by offering paid work experience on green community projects in the neighborhoods they call home. L A C C members have experience in implementing various conservation projects including building parks and community gardens, planting trees, refurbishing hiking trails, removing graf f iti, and cleaning alleyways.
T he S ponsor A greement was needed to allow L A C C to implement the project and it specif ied the terms, scope of work, project schedule, fee, and reporting requirements related to the project. L A C C was responsible f or assessing specific planting locations, preparing and distributing educational flyers, procuring 500 trees and planting supplies, planting 500 trees, providing bi-weekly updates to City staff, and visiting the planted trees f or watering and other 44 maintenance activities. T he estimated f ee f or L A C C to perform this scope of work was $277,162. One hundred percent of this cost will be reimbursed to the C ity by the awarded Urban Greening grant funds.
Now an amendment to the S ponsor A greement is needed to extend the engagement period or term of the agreement and increase the total estimated fee paid to L A C C by $24,287.99.
L A C C’s scope of work was originally expected to be completed by March 2023. L A C C began planting trees in J anuary 2022, however, planting activities were postponed f or three months to avoid the summer heat which can be extremely damaging to saplings. Typically tree planting is recommended during the fall and winter months to allow the trees the greatest opportunity of survival. After resuming in November 2022, L A C C completed the tree planting in F ebruary 2023 and will now be conducting their scheduled maintenance visits f or the next 2-4 months. A s such, the term or engagement period of the S ponsor A greement needs to be extended to August 2023 to allow adequate time for L A C C to complete their plant establishment and maintenance activities.
W hen considering the importance of plant establishment and watering for the new trees’ survival, the C ity requested that the granting agency shif t a portion of the project’s grant funds from unnecessary project tasks to the project’s plant establishment task within the project’s budget. T his shift in funds between tasks allowed L A C C to provide additional visits to the newly planted trees, ensuring the trees receive the attention and care they need to survive and remain healthy. A s such, the estimated f ee to be paid to L A C C needs to be increased to cover the additional plant establishment visits and align with the project’s adjusted budget.
C O NC L US I O N:
Executing the F irst A mendment to S ponsor A greement with L A C C will allow the project to be completed and the trees to receive the proper treatment they need to survive, thus improving the overall health and wellbeing of the community.
F I S C AL I M PAC T:
T he C ity was awarded $346,408 in Urban Greening Grant funds f or use on the “Trees f or B G Planting P roject”. T he Urban Greening P rogram does not require any matching funds. T he total estimated f ee to be paid to L A C C will increase from $277,162 to $301,449.99 to finish implementing the project. This increased f ee paid to L A C C will be reimbursed to the City through the grant f unds. A s such, there is no impact to the C ity’s General F und.
AT TAC HM E NT S :
D escription
Exhibit 1 - Resolution No. 2023-28
Exhibit 2 - F irst A mendment and 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, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 45 RESOLUTION NO. 2023-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FIRST AMENDMENT TO SPONSOR AGREEMENT WITH
LOS ANGELES CONSERVATION CORPS IN CONNECTION WITH THE
TREES FOR BG PLANTING PROJECT
WHEREAS, on September 14, 2016, SB859 created the California Natural Resources Agency’s Urban Greening Program funded by the Greenhouse Gas Reduction Funds; and
WHEREAS, on April 22, 2021, the City of Bell Gardens (“City”) received notice of a successful competitive process and was awarded $346,408 for the “Trees for BG Planting Project”; and
WHEREAS, the City elected to coordinate with the Los Angeles Conservation Corp and executed and entered into a Sponsor Agreement August 6, 2021 to implement the “Trees for BG Planting Project”; and
WHEREAS, an amendment is now needed to modify the Sponsor Agreement to extend the term to August 31, 2023 and increase the total estimated fee to be paid to the Los Angeles Conservation Corps by $24,287.99 for a new total estimated fee of $301,449.99 to align with the project’s adjusted grant budget.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporated them herein by this reference.
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution and such other oral and written evidence, the City Council authorizes the City Manager to execute a First Amendment to Sponsor Agreement with the Los Angeles Conservation Corps which is necessary for the completion of the aforementioned project.
SECTION 3. 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]
46Exhibit 1
Resolution No. 2023-28
2 of 2
PASSED, APPROVED, and ADOPTED this 24th 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
47Exhibit 1
2023
FIRST AMENDMENT TO SPONSOR AGREEMENT
THIS FIRST AMENDMENT (“First Amendment”) to that certain agreement entitled Sponsor Agreement dated August 6, 2021 (hereinafter, “Master Agreement”), is made as of , 2023 (the “Effective Date”), by and between Los Angeles Conservation Corps (“the Corps”), and City of Bell Gardens (“Sponsor”). For the purposes of this First Amendment, Sponsor and the Corps may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to Sponsor or the Corps interchangeably, as appropriate.
RECITALS
This First Amendment is made and entered into with respect to the following facts:
WHEREAS, on August 31, 2021, the City executed and entered into a Grant Agreement with the State of California Natural Resources Agency (“Granting Agency”) to commence the Trees for BG Planting Project (“Project”) and establish the terms and conditions associated with the awarded grant funds for the Project;
WHEREAS, Sponsor made requests to the Granting Agency that the Project’s grant funds be shifted between project tasks within the Project’s budget;
WHEREAS, the Granting Agency approved the Sponsor’s requests and shifted Twenty-Eight Thousand Two Hundred Eighty-Seven Dollars and Ninety-Nine Cents ($28,287.99) to the Project’s plant establishment task;
WHEREAS, on August 6, 2021, the Parties executed and entered into the Master Agreement for the Corps to provide services related to the Statement of Work detailed in Exhibit A of the Master Agreement;
WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit “A”;
WHEREAS, under the terms of the Master Agreement, the Engagement Period was scheduled to terminate on March 31, 2023;
WHEREAS, the Parties now wish to modify the Master Agreement to extend the Engagement Period to August 31, 2023 to allow the Corps adequate time to complete their plant establishment and maintenance activities detailed in the Statement of Work;
WHEREAS, under the terms of the Master Agreement, Sponsor agreed to pay the Corps a total estimated fee of Two Hundred Seventy-Seven Thousand One Hundred Sixty- Two Dollars ($277,162) for all work contemplated under the Master Agreement; and
WHEREAS, the Parties wish to increase the total estimated fee by Twenty-Four Thousand Two Hundred Eighty-Seven Dollars and Ninety-Nine Cents ($24,287.99) for a new total estimated fee of Three Hundred One Thousand Four Hundred Forty-Nine Dollars and 48Exhibit 2
Ninety-Nine Cents ($301,449.99) to cover the extended term of the Master Agreement and align with the Project’s adjusted budget.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and suf ficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. Section 1(c) (Engagement Period) of the Master Agreement is hereby amended to extend the Engagement Period of the Master Agreement through August 31, 2023.
SECTION 2. Section 1(f) (Prices) of the Master Agreement and Section 2 (Fees) of the Statement of Work are hereby amended to increase the estimated fee of Two Hundred Seventy-Seven Thousand One Hundred Sixty-Two Dollars ($277,162) for a new estimated fee of Three Hundred One Thousand Four Hundred Forty-Nine Dollars and Ninety-Nine Cents ($301,449.99) for all work contemplated under the Master Agreement and First Amendment.
SECTION 3. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. This First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION 4. The provisions of this First Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this First Amendment, the Master Agreement and all provisions contained therein shall remain binding and enforceable.
In the event of any conflict of inconsistency between the provisions of this First A mendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further.
[SIGNATURES ON NEXT PAGE]
49Exhibit 2
SIGNATURE PAGE TO SPONSOR AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.
LOS ANGELES CONSERVATION
CORPS:
CITY OF BELL GARDENS:
By: By:
Name: Wendy Butts Name: Michael B. O’Kelly
Title: Chief Executive Officer Title: City Manager
50Exhibit 2
SIGNATURE PAGE TO SPONSOR AGREEMENT
EXHIBIT “A”
MASTER AGREEMENT
51Exhibit 2
52Exhibit 2
53Exhibit 2
54Exhibit 2
55Exhibit 2
56Exhibit 2
57Exhibit 2
58Exhibit 2
59Exhibit 2
60Exhibit 2
61Exhibit 2
62Exhibit 2
63Exhibit 2
64Exhibit 2
65Exhibit 2
CIT Y OF BE LL GARDE NS
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 City C ouncil Members
F RO M : Michael B . O'K elly, City Manager
B Y:Douglas B enash, P.E . City E ngineer
Veronica S anchez, Management A nalyst
S UB J E C T:RI G HT O F E NT RY AG RE E M E NT WIT H L A C O UNT Y S ANI TAT I O N D I S T RIC T F O R F O RD
PARK AB C F IE L D
D AT E:A pril 24, 2023
RE C O M M E ND AT I O N:
I t is staff's recommendation that the City Council by motion:
1. A dopt the attached R esolution, approving the Right of E ntry A greement between the City of Bell Gardens and the L os A ngeles C ounty S anitation District, for work within the Southern C alifornia E dison E asement along the western edge of the Bell Gardens A B C S occer F ield; and
2. Authorize the City Manager to execute the required documents.
B AC K G RO UND/D IS C US S I O N:
T he Public Works Department has been coordinating with L os A ngeles C ounty Sanitation D istrict (County) f or the rehabilitation of the C ounty’s trunk sewer line that traverses the City from the southerly city boundary to the northern city boundary. T he majority of the trunk sewer is within the public right-of -way or the S outhern California E dison (S C E ) right-of -way. T he most southerly portion of the trunk sewer line is along the western edge of Southern California Edison R O W portion of the A B C S occer F ield. T he line continues north and south of the A B C f ield.
T he C ity has a license agreement with S C E f or the use of the A B C S occer F ield. Upon discussions between S C E, the City and the County, S C E granted a Temporary Entry P ermit to the C ounty f or the completion of this project (Exhibit 3).
T he repair work is necessary for continued service with maintenance free activities of these important inf rastructure conveyance systems. T he project is anticipated to take place from J une 2023 through October 2023.
T he C ounty’s construction will temporarily impact the A B C S occer F ield along the western edge through truck traff ic, site fencing, and excavations needed to complete the lining of the trunk sewer line. After construction is completed, the County will restore the damaged areas as required to pre-construction conditions. T he C ounty’s work will impact the western edge access road, which will not impact the soccer f ield, to allow for continued play. T he R ecreation and C ommunity S ervices Department has been involved in the meetings with the C ounty so they can make modif ications as necessary.
C O NC L US ION:
Upon authorization by the City C ouncil, the City Manager will proceed with execution of the documents.
66 F I S C AL I M PAC T:
T he project does not impact the City’s budget. T he C ounty, at its expense, will restore the affected areas within the A B C Soccer Field upon project completion.
AT TAC HM E NT S :
D escription
Exhibit 1 - R esolution No. 2023-29
Exhibit 2 - A greement
Exhibit 3 - S C E Temporary E ntry P ermit to L A County Sanitation AP P RO V E D E L E C T RO NIC AL LY B Y:
Michael B . O'K elly, City Manager
S tephanie Vasquez, City Attorney and/or Susie Altamirano, A ssistant City Attorney Manuel Carrillo, Director of F inance and A dministrative S ervices 67 RESOLUTION NO. 2023-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING THE CITY ENTER INTO A
RIGHT OF ENTRY AGREEMENT WITH THE LOS ANGELES COUNTY
SANITATION DISTRICTS
WHEREAS, the City of Bell Gardens (the “City”) has a License Agreement with Southern California Edison to act as the operator of the ABC Soccer Field which is within the Southern California Edison Right-of-Way; and
WHEREAS, the Los Angeles County Sanitation District No. 2 of Los Angeles County owns and maintains the trunk of sewer District 2 Interceptor Sewer Line and has an existing easement for such sewer line; and
WHEREAS, upon discussions between the City, Southern California Edison and Los Angeles County Sanitation District No. 2 of Los Angeles County, Southern California Edison granted Los Angeles County Sanitation District No. 2 of Los Angeles County a Temporary Entry Permit; and
WHEREAS, the Los Angeles County Sanitation District No. 2 of Los Angeles County now requests a Right of Entry Agreement with the City for temporary use of portion of the ABC Soccer Field westerly access road for rehabilitation of the District 2 Interceptor Line.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporated them herein by this reference.
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the City Council authorizes the City Manager to execute a Right of Entry Agreement with the Los Angeles County Sanitation Districts for the District 2 Interceptor Sewer Rehabilitation along with all exhibits thereto, and other ancillary documents necessary to effectuate the intent and objectives of the Right of Entry Agreement and this Resolution.
SECTION 3. The City Clerk shall 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 approval.
PASSED, APPROVED, and ADOPTED this 24th day of April, 2023.
[Signatures on the following page]
68Exhibit 1
Resolution No. 2023-29
2 of 2
THE CITY OF BELL GARDENS
_____________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
69Exhibit 1
DOC 6805981 A Century of Service
April 3, 2023
VIA EMAIL ONLY [email protected]
Veronica Sanchez
City of Bell Gardens
Management Analyst
8327 Garfield Avenue
Bell Gardens, CA 90201
Dear Ms. Sanchez:
Entry Agreement for Joint Outfall H Unit 2B Trunk Sewer Rehabilitation County Sanitation District No. 2 of Los Angeles County (the "District") requests temporary use of portions of City of Bell Gardens’ ABC Field ("Field") licensed from Southern California Edison (“Edison”) within Edison property for rehabilitation of the Joint Outfall H Unit 2B Trunk Sewer Rehabilitation. The District owns, operates, and maintains this trunk sewer located in the City of Bell Gardens. A portion of this sewer is located along the western side of the Field, Assessor's Parcel Number 6230-023-800 (the "Property").
A recent inspection of the sewer has revealed corrosion, and it is necessary to rehabilitate the sewer between Manhole Number H-185 at the Property and H-186, located in Garfield Avenue (“the Project”). The sewer rehabilitation method (cured-in-place pipe lining) that has been selected to repair the sewer will have a significantly lower impact when compared to other sewer repair methods or sewer replacement.
To accommodate construction for the Project, it is necessary to temporarily use surface portions of the Property beyond the existing easement for a temporary construction area. The District will need to temporarily occupy a work area measuring approximately 4,000 square feet (“Work Area”) to build a manhole and complete the sewer lining activities. The District will access the Work Area through the west entrance of the Field, located immediately southeast of the intersection of Park Lane and Garfield Avenue, and exit on the east side of the Field, as shown on the attached Figure 1.
The Project is anticipated to begin in July 2023 and to be completed within four months, from the actual start of work. The District's contractor will be required to notify you prior to the start of construction involving use of the Property. If necessary, construction on the Property may have to be rescheduled due to adverse weather conditions or other limiting factors. Every effort possible will be made to minimize the impact of this project on the Property.
All sewer service to the Property will be continuously maintained during the work. After completion of the Project, the District will either: 1) reimburse the City for its costs, or 2) pay the City’s contractor directly, to restore the Property to its pre-construction condition.
The City of Bell Gardens (“City”) will be named an additional insured on the liability insurance policy obtained by the District's contractor. The District agrees to indemnify and hold harmless the City, its agents, tenants and employees from any and all liabilities, loss or damage to which the City, its agents, tenants and employees may be subjected to as a result of any act or omission by the District, its officers, agents and employees, during this Project.
The City shall not be liable for any loss, damage, liability or injury of any kind or character to any person or property arising from any use of the Field by the District or District's Agents (collectively, "District's 70Exhibit 2
Veronica Sanchez -2- April 3, 2023
DOC 6805981 A Century of Service
Personnel") or anyone entering on or using the Field through District, District's Personnel, or caused by or arising from any act or omission of District or any District Personnel. The District shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its representatives, agents, members, partners, officers, employees, directors, affiliates and their respective affiliates, employees, officers, directors, invitees, contractors, agents, successors and assigns (collectively, the "Indemnified Parties") from and against all claims, losses, liabilities, damages, liens, stop notices, and expenses (including, without limitation, attorneys' fees) arising in connection with the exercise or performance of District's rights or obligations under this Entry Agreement, including, without limitation, relating to the entry on the Field and the permitted uses. District's obligation to indemnify, defend and hold harmless the Indemnified Parties shall survive the expiration or termination of this Entry Agreement and shall not be limited by any insurance provided in favor of the City under this Entry Agreement.
District may not assign its interest or delegate its obligations hereunder. The provisions of this Entry Agreement shall, subject to the terms and conditions hereof, be binding upon and inure to the benefit of the successors of each of the parties hereto.
District shall deliver to the City: (A) an original endorsement to their respective Comprehensive General Liability Insurance Policy, which evidences that District and/or District's Agent, is carrying a commercial general liability policy with a financially responsible insurance company acceptable to the City covering (1) the activities of District and District's Agents on or upon the Field; and (2) District's indemnity obligations under this Entry Agreement. Such insurance policies shall name the City, its officers, employees, contractors and agents and each of them as additional insureds thereunder; shall be primary and non-contributing with any other insurance available to the City and the additional insureds; shall provide that it may not be canceled or modified without at least thirty (30) days' prior written notice to the City, and shall contain a full waiver of subrogation clause.
District is granted access to the Field to conduct only the activities referenced in this Entry Agreement. If District desires to conduct any additional activities on the Field, District shall submit a written request to the City requesting permission to conduct the additional work (the "Request"). The Request shall include a detailed summary of the additional work, and any additional information reasonably requested by the City. The City shall have thirty (30) days following receipt of a Request to approve or deny such Request. The failure of the City to submit a written response to the District within such 30-day period shall be deemed to be an approval for District to perform the additional work described in the Request; provided, that such 30-day period shall be extended for such reasonable period necessary for District to provide additional information requested or required by City. Any such additional work approved by the City pursuant to a Request shall be governed by the terms of this Entry Agreement.
The District requests that the City acknowledge, as soon as possible, the entry agreement for the temporary property use described herein by signing the duplicate original of this entry letter and returning it to me. In addition, please provide a contact name and telephone number in the designated area below, so that the District's contractor can provide notification and coordinate access.
If you have any questions regarding this letter, please contact me at (562) 908-4288, extension 2710. Your cooperation in completing this critical sewer rehabilitation project is appreciated.
Very truly yours,
Adriana Raza
Real Property Agent
Property Management
Facilities Planning Department
AR:sw
Enclosure
71Exhibit 2
Veronica Sanchez -3- April 3, 2023
DOC 6805981 A Century of Service
The City of Bell Gardens concurs with the terms and conditions of this letter:
Signature: ______________________________________ Date: __________________________________ Print Name: ____________________________________ Phone No.: ______________________________ Title: _________________________________________ Email: _________________________________
The designated contact person for this project is:
Contact Name: ___________________________________
Title: ___________________________________________
Phone No.: ______________________________________
Email: __________________________________________
72Exhibit 2
Acct Number 9000000008331 (9.8331)
TEMPORARY ENTRY PERMIT
Permission is given to Los Angeles County Sanitation Districts (Permittee) to enter upon Southern California Edison’s (SCE) property located at Garfield Avenue and S/O Park Lane, on Assessor Parcel Number 6230-023-800 (Partial), 6230-023-801 (Partial), 6230-022-800 (Partial), in the City of Bell Gardens, County of Los Angeles, State of California (Premises) as shown on the attached Exhibit "A".
PURPOSE: Laydown Yard
Permittees use of the Premises for any purpose other than identified in accordance with this Permit, shall be grounds for immediate termination of this Permit as determined by SCE in its sole discretion.
TERM: Commencing June 1, 2023 Ending October 31, 2023.
SUBJECT TO: All licenses, covenants, conditions, restrictions, reservations, rights and easements, and/or any other encumbrances on the property, whether of record or not.
INDEMNIFICATION/INSURANCE: Permittee agrees, for itself, and for its and their agents and employees and any person or persons claiming under the Permittee, to save harmless and indemnify SCE, its successors and assigns, and its and their officers, agents, employees, tenants, licensees and Permittees from and against all claims, demands, loss, damage, actions, causes of action, expense and/or liability arising or growing out of loss of or damage to property including the property of SCE, its successors and assigns, and its and their officers, agents, employees, tenants, licensees, and Permittees or injury to or death of persons resulting in any manner, directly or indirectly, from the maintenance, use, operation, repair or presence of said use. Permittee further agrees to insure its liabilities, which may arise from its activities hereunder by the purchase of:
(a) Workers’ Compensation with statutory limits, in accordance with the laws of the State of California and Employer’s Liability with limits of not less than $1,000,000 each accident, disease/each employee, and disease/policy limit. Permittee shall require its insurer to waive all rights of subrogation against SCE, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of SCE.
(b) Commercial General Liability insurance, including contractual liability and products liability, with limits not less than $2,000,000 per occurrence. Such insurance shall: (i) name SCE, its officers, agents and employees as additional insureds, but only for Permittee’s acts or omissions; (ii) contain separation of insureds or cross-liability clause, and (iii) require its insurer to waive all rights of subrogation against SCE, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of SCE.
(c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000. Such insurance shall cover the use of owned, non-owned and hired vehicles on the Premises.
Permittee shall provide SCE with proof of such insurance by submission of certificates of insurance at least ten days prior to the effective date of this Agreement, and thereafter at least ten days prior to insurance renewal. Such insurance shall not be canceled nor allowed to expire, nor be materially reduced, without thirty days prior written notice to SCE, ten days for non-payment of premium. The required insurance policies shall be maintained with insurers reasonably satisfactory to SCE, and shall be primary and non- contributory with any insurance or self-insurance maintained by SCE.
WARRANTY: It is expressly understood and agreed that Permittee takes the Premises as is, and that SCE makes no representation, covenant, warranty or promise that the said Premises are fit for any particular use for which this Permit was entered, into and Permittee has not relied on any such representation, covenant, warranty or promise.
FEE: Nine Thousand Five Hundred Dollars and 00/100 ($9,500.00) ASSIGNMENT: This permit is for the sole use and privilege of Permittee, and cannot be assigned or transferred. Any attempt to do so may render this permit voidable at SCE’s discretion.
TERMINATION: This permit is revocable immediately at the sole option and discretion of SCE, and the Permittee agrees to peaceably surrender the Premises upon written or oral demand by SCE or its authorized representative.
AUTHORITY: This permit is issued subject to General Order No. 69–C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated herein by this reference.
Permittee agrees to comply with all applicable federal, state, and local laws, permitting, and regulations.
73Exhibit 3
Temporary Entry Permit Acct. No. 9.8331 Page 2
RESTRICTIONS:
1. Permittee agrees (a) that any equipment used on or adjacent to the Premises (provided said equipment has been approved hereunder) shall be used so as to maintain a minimum clearance of thirty (30) feet from overhead electrical conductors, (b) to maintain the following structure clearances: fifty (50) feet from towers and steel poles, one hundred (100) feet from dead-end towers/poles, twenty-five (25) feet from wood poles and light weight steel poles, and ten (10) feet from anchors/guy wires/guy poles, (c) that no trees are permitted under the overhead electrical conductors or within twenty (20) feet of the “drip line” of the conductors and any tree on the Premises must be maintained to not exceed 15 feet in height.
2. Permittee shall provide SCE with adequate access to all of SCE’s facilities and at no time is there to be any interference with the free movement of SCE’s equipment and materials. Permittee understands that at any time, SCE may access the Premises to inspect, operate, maintain, replace, and wash its facilities.
3. Permittee may be required to provide and maintain access roads on the Premises, with a minimum usable width of sixteen (16) feet and a curve radius of not less than fifty (50) feet.
4. Permittee will not repair or refuel, or permit to be repaired or refueled, any vehicles or mechanized equipment within the Premises. Permittee further agrees not to park or store any motor vehicles nor to allow the parking or storage of any motor vehicles directly underneath or within ten (10) feet of the “drip line” of any overhead electrical conductors.
5. Permittee agrees to close and lock all gates at end of workday and during nonuse of the Premises, any time leaving the Premises unattended, and at any time where the access gate is out of sight.
Additional requirements for securing the Premises may be required by SCE, at the Permittees sole cost and expense.
6. SCE may require Permittee to implement certain safety measures or mitigations as a condition to this Permit, at the sole cost and expense of the Permittee, including but not limited to, providing onsite security, k-rails, and adhering to grounding standards designed by a licensed electrical engineer and installed by a licensed general contractor.
7. Permittee agrees to maintain the Premises in a condition satisfactory to SCE, at the sole cost and expense of the Permittee, including but not limited to, keeping the Premises clean, free from weeds, brush, rubbish, and debris, and repair of any fence or gate damaged during the term of this Permit following the fencing standards approved by SCE.
8. No buildings, structures, or accumulation of flammable or combustible materials or explosives shall be permitted on the Premises. No storage of gasoline, diesel, propane, or any other type of fuel will be permitted on the Premises.
9. Upon termination of this permit the Permittee agrees to restore the Premises to a condition in which it existed prior to Permittee’s use of the Premises in a manner satisfactory to SCE.
10.Permittee shall not engage in, or permit any other party to engage in, any activity on the Premises that violates any federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste (“Hazardous Materials”), including but not limited to, the importing of foreign soils, crushed asphalt and other oil products. Permittee shall comply with all applicable federal, state, and local laws, rules, and regulations pertaining to disclosure of Hazardous Materials. Permittee shall comply with all applicable federal, state, or local laws, rules, and regulations pertaining to the storage and/or discharge of Hazardous Materials. Permittee shall indemnify and hold SCE, its directors, officers, agents and employees and its successors and assigns harmless from any and all claims, loss, damage, actions, causes of actions, expenses and/or liability arising from leaks of, spills of, releases of, and/or contamination by or from Hazardous Materials as defined by applicable laws, rules or regulations, which arise during or after the Permit term, and are attributable to the actions of, or failure to act by, Permittee or any person claiming under Permittee.
11.There are numerous sources of power frequency electric and magnetic field (“EMF”), including household or building wiring, electrical appliances and electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF.
Interest in a potential link between long-term exposures to EMF and certain diseases is based on the combination of this scientific research and public concerns.
While some 30 years of research have not yet established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about specific diseases have been successfully resolved due to an aggressive international
74Exhibit 3
Temporary Entry Permit Acct. No. 9.8331 Page 3
research program. However, potentially important health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected.
Since Permittee plans to use or otherwise enter SCE’s property that is in close proximity to SCE’s electric facilities, SCE wants to share with Permittee and those who may enter the Premises under this Permit, the information available about EMF. Accordingly, SCE has attached to this document a brochure that explains some basic facts about EMF and that describes SCE’s policy on EMF.
SCE also encourages Permittee to obtain other information as needed to assist in understanding the EMF issues with respect to the planned use of the Premises.
12.Permittee, their contractors, and employees must have in their possession at all times a copy of this Temporary Entry Permit while on the Premises.
Permittee’s Initials:________________
SPECIAL CONDITION(S):
The Permittee is aware of the Covid-19 pandemic and related governmental orders, directives and guidelines (collectively “directives”), including directives for frequent hand washing, social distancing and use of face masks in public locations.
The Permittee is aware that its activities on Southern California Edison Company (SCE) fee owned property are occurring in a public location during the Covid-19 pandemic where the Permittee along with any of its invitees (including patrons or users of services offered by the Permittee) may be exposed to Covid-19 despite social distancing and other measures being taken.
Permittee has been formally advised of the risks associated with Covid-19 infection which have resulted in hospitalizations, physical injuries, and death.
Therefore, Permittee confirms that it is voluntarily utilizing SCE fee owned property with knowledge of the dangers involved and agrees to assume any and all risks of bodily injury or death attributable to Covid-19 infection arising out of Permittee’s activities on the property.
You are cleared to proceed with work following the requirements below. Please contact Environmental Services if needed at: [email protected] or call 833-723-2362 (833-SCE2ENC).
ENVIRONMENTAL REQUIREMENTS:
Site Stabilization: Excess soil from ground disturbing activities shall be compacted or stabilized to return the area to pre-construction conditions or disposed of at SCE approved facility per OU standard practice. For storm water BMP related questions, please call the number above.
Tailboard Briefing: The Environmental Requirements must be kept on site and be read to the crew prior to starting work. If any of the requirements create a safety or scope concern, please contact Environmental Services. If additional ground disturbing or vegetation clearing activities are proposed during project activities, stop work and contact Environmental Services.
Work Areas: Vehicles and equipment must remain on the existing access routes and immediate vicinity of towers/roads/work areas identified in the project scope. If any work needs to be conducted outside these access routes or work areas, please contact Environmental Services at the email or phone number above.
75Exhibit 3
Temporary Entry Permit Acct. No. 9.8331 Page 4
Crew Check: Prior to starting work, crews will check the workspace for bird nests (e.g., pole cavities, vegetation to be removed). Call the number above prior to work within 200 feet of an active nest.
Injured/Trapped Wildlife: Prior to the start of work, crews will inspect their workspace for any injured or dead wildlife. In addition, look in holes and trenches, construction material, and equipment for any trapped wildlife. Call the number above if you observed dead, injured, or trapped wildlife.
Weed Maintenance and Prevention: Use certified weed-free materials (e.g., gravel, straw, and fill) to the extent practicable. Maintain facilities and infrastructure to limit the introduction and spread of weeds.
Spill Release/Prevention: Vehicles/equipment must be inspected for leaks (e.g., fuel, oil, hydraulic fluids, etc.) and repaired prior to DocuSign Envelope
Storing, fueling, and maintenance should not occur near a drainage, wetland, or other water feature. Spill kits/absorbent clean-up materials shall be available on-site and if used, disposed of properly. Contact 1-800-GOT-SPILL or 1-800-468-1145 for any potential hazardous material or spills that cannot be cleaned up by spill kits alone.
Generator Usage: Generators are not allowed unless a Generator Ordering Form (GOF) has been completed 20 days prior to work. Contact Transportation Services Department (951) 440-8370 to verify if a form has been received; if no form has been submitted, contact the SCE representative to complete this form immediately.
Dust Control: No visible dust plumes are allowed. If dust plumes are observed, then slow speeds on dirt roads, water dirt/work areas, or work when the soil is not extremely dry.
Archaeological/Human Remains/Paleontological Discoveries: If Archaeological resources (Native American or historical artifacts), fossils, or human remains are encountered, stop work, and call SCE Real Properties.
Waste Characterization Investigation - Safety:
Work shall be performed according to a site-specific Health and Safety plan (HASP) that establishes general health and safety protocols in accordance with 29 CFR 1910.120 for personnel during sampling activities.
Field personnel will be responsible for the following:
1. Taking time to review the HASP and familiarize themselves with the site layout prior to sample collection.
2. Engaging in a pre-field safety discussion with other workers at the site if possible.
3. Initiating a Stop Work if any unsafe conditions arise and only continuing work if the issues are resolved.
Sample Collection: Sample collection will be conducted in accordance with the United States Environmental Protection Agency (EPA) Publication SW-846 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods.
Decontamination: Decontamination of hand auger, shovels, and any reusable sampling equipment shall be conducted prior to sampling and between sample locations by brushing off any material present on the equipment, washing with a non-phosphate detergent and potable water, rinsing in potable water, and then rinsing in distilled water. New disposable nitrile gloves will be worn for each sample collection.
Decontamination water shall be released onsite near the sampling areas.
INTENTIONALLY LEFT BLANK
76Exhibit 3
Temporary Entry Permit Acct. No. 9.8331 Page 5
SIGNATURE AUTHORITY: Each of the persons executing this Permit warrants and represents that he or she has the full and complete authority to enter into this Permit on behalf of the Party for which he or she is signing, and to bind said Party to the permits, agreements, covenants and terms contained herein.
INTENTIONALLY LEFT BLANK
77Exhibit 3
Temporary Entry Permit Acct. No. 9.8331 Page 6
I have read and understand and agree to
comply with all of the above conditions.
ALEX MENA
Los Angeles County Sanitation District
Supervising Engineer
Property Management Group
____________________________________________
Permittee Signature
Date: ______________________________________
Form SCE 22-20 Rev. 1/23/18
(Prior Rev. 9/26/16; 7/13/15; 9/21/12; 2/23/07)
INIGUP 3/30/2023
MARIA I. VALENZUELA
Real Estate Senior Specialist SR/WA
Vegetation & Land Management
________________________________________
SCE Authorized Agent
Date:___________________________________
78Exhibit 3
Certificate Of Completion
Envelope Id: E5C907CDC1E14F239C7FE0AA76FB637D Status: Completed Subject: Complete with DocuSign: TEP (MV) 9.8331 LACSD.pdf Custom Envelope Field:
Source Envelope:
Document Pages: 8 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 1 Maria I. Valenzuela
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
P.O. Box 700
Rosemead, CA 91770
[email protected]
IP Address: 163.116.248.48
Record Tracking
Status: Original
3/31/2023 7:52:22 AM
Holder: Maria I. Valenzuela
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Alex Mena
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.129.199.35
Sent: 3/31/2023 7:53:57 AM
Viewed: 3/31/2023 9:02:25 AM
Signed: 4/3/2023 9:24:23 AM
Electronic Record and Signature Disclosure:
Accepted: 3/31/2023 9:02:25 AM
ID: 218ae69b-0408-499f-8ca4-e7f1bdec8e49
Maria I. Valenzuela
[email protected]
Real Estate & Facilities Senior Specialist
SCE
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 163.116.248.48
Sent: 3/31/2023 7:53:58 AM
Viewed: 3/31/2023 7:54:09 AM
Signed: 3/31/2023 7:54:22 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/31/2023 7:53:58 AM
Certified Delivered Security Checked 3/31/2023 7:54:09 AM 79Exhibit 3
Envelope Summary Events Status Timestamps
Signing Complete Security Checked 3/31/2023 7:54:22 AM
Completed Security Checked 4/3/2023 9:24:23 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
80Exhibit 3
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Southern California Edison Company (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
81Exhibit 3
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact Southern California Edison Company:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise Southern California Edison Company of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from Southern California Edison Company To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email
to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Southern California Edison Company To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
82Exhibit 3
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
x You can access and read this Electronic Record and Signature Disclosure; and x You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
x Until or unless you notify Southern California Edison Company as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Southern California Edison Company during the course of your relationship with Southern California Edison Company. 83Exhibit 3
Todays Date
Company Name
Address
Phone #
Fax #
Email
Contact Person Name
SCE Property Located At
(City with Cross Streets,
Street Address,
Assessor Parcel Number)
Acreage and/or Square Feet
Dimensional Site Plan &
Google Image
Duration of Contract Requested
(i.e. days, weeks, months, or years)
Proposed Effective Date / Term From:To:
Detailed Description of Use
Project Information
Equipment List
Unusual or Special Requirements
(If applicable)
Site to be Used/Accessed by?
(TEP Requestor &/or
Contractor shown below)
Contractor Name
Address
Phone #
Fax #
Email
Contact Person Name
Relationship to TEP Requestor
Attach a site plan and/or Google Image, be specific by outlining the location of the proposed area to be used, accessed, and/or work to be performed.
Include equipment list with location of where equipment (i.e. vehicles, equipment, material, supplies, trailers, etc.) will be used and/or stored on SCE property along with dimensions and sizes. Must also identify all SCE facilities (i.e. tower, pole, lines, etc.) and location to SCE facilities.
Request for Temporary Entry Permit (TEP)
TEP Request From
Proposed Location
Permittee's Additional Contractor Information (if applicable) Proposed Use
84Exhibit 3
0 100 20050
Fe et
Date : 11 /16 /2 022
O
The C o un t y Sa ni ta ti o n Di stri cts o f L o s A ng e le s Co u n ty (“D i stri cts”) h av e de ve lo p e d th e GIS d ata a nd r el a te d i nfo rm ati on fi le s (co ll ec tive l y, t h e “Info rm ati on ”) di sp la ye d o n thi s m a pfor th e D i stri cts’ ow n in te rna l us e, a n d p ro vi de i t to the p u bl ic on ly to c om p ly w i th th e C a li for ni a P u bl ic Re co rd s A ct (C a l. Go v. C o de § 62 5 0 e t se q .). The D is tr ic ts the re for edisclaim l ia b il ity for a n y oth e r pe rso n ’s r el ia n ce o n th e In for ma tio n . Th e In for ma tio n d e pi cts a pp ro xi ma te l oc ati o ns o f p ro p er ty, fa ci li tie s an d b o u nd a rie s. Re a so n ab le effo rts h av ebeen m ad e to e ns ur e a cc ura cy , b u t th e In fo rma ti on ma y h a ve s pa tia l a n d o th er e rro rs an d s h ou ld n ot b e re l ie d u p on for su rve yi ng , en g in e er in g, e xc av ati on , co ns tru ctio n , o r re la te dpurposes. Th e Info rm ati on i s d yn a mi c a n d is su b je ct to ch a ng e w ith o ut n o tice . TH E INFO RM ATIO N IS PR OV ID ED ON A N "A S IS", "A S A VA ILA BL E" BA SIS AN D TH E DIS TR IC TS EX PR E SSL Y D IS C LA IM AL LWARRANTIES (e xp re ss a n d i mp li e d), IN C LU D IN G TH E WA RR A NT IE S OF M ER C H AN TAB ILITY AN D FITNE SS FOR A PA R TIC U L AR PU R PO SE . P rio r to an y e xca v ati on , pl e as e c al l U n de rg ro un d Se rvi ce Al er t b ydialing 8 11 a n d th e D istr icts ’ E ng i ne e rin g C ou n ter at (56 2 )9 08 -4 2 88 x 12 0 5 to o b tai n mo re a ccu ra te in for ma tio n ab o u t th e lo ca ti on o f D istri cts’ su b su rfa ce fac il iti es .85Exhibit 3
0 100 20050
Feet
Date: 2/1/2023
O
The County Sanitation Districts of Los Angeles County (“Districts”) have developed the GIS data and related information files (collectively, the “Information”) displayed on this map for the Districts’ own internal use, and provide it to the public only to comply with the California Public Records Act (Cal. Gov. Code § 6250 et seq.). The Districts therefore disclaim liability for any other person’s reliance on the Information. The Information depicts approximate locations of property, facilities and boundaries. Reasonable efforts have been made to ensure accuracy, but the Information may have spatial and other errors and should not be relied upon for surveying , engineering, excavation, construction, or related purposes. The Information is dynamic and is subject to change without notice. THE INFORMATION IS PROVIDED ON AN "AS IS", "AS A VAILABLE" BASIS AND THE DISTRICTS EXPRESSLY DISCLAIM ALL WARRANTIES (express and implied), INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Prior to an y excavation, please call Underground Service Alert by dialing 811 and the Districts’ Engineering Counter at (562)908-4288 x1205 to obtain more accurate information about the location of Districts’ subsurface facilities.86Exhibit 3
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:Elizabeth Nava, D irector of Recreation and Community Services S UB J E C T:AP P RO VAL O F L IV E E NT E RTAI NM E NT AG RE E M E NT WIT H T L C C RE AT I V E
T E C HNO L O G Y F O R IND E P E ND E NC E D AY C E L E B RAT IO N M ULT I-M E D I A AND L AS E R S HO W
D AT E:April 24, 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 live entertainment agreement with T L C C reative Technology f or the City’s I ndependence D ay C elebration Multi-Media L aser S how for a three-year term with the option of two one-year year extensions.
B AC K G RO UND/D IS C US S I O N:
I n lieu of Fireworks, the Recreation and Community S ervices (R C S ) Department hosts the I ndependence D ay C elebration event with a multi-media and laser show to culminate the evening’s f estivities. A Request f or P roposals for Multi-Media and L aser S how services was released on March 22, 2023. T L C C reative responded to the R F P and submitted a proposal that demonstrated their technical experience and ability to offer an af f ordable, fun, and successf ul multi-media show for the B ell Gardens Community. T L C Creative was hired last year to provide B ell Gardens with their first ever multi-media and laser show after returning from the forced closure caused by the C O V I D -19 pandemic. T he event and the show were well received by the residents and community members.
T he R F P stipulated the City’s desire to enter into a 3-year agreement with the option of two additional one-year terms. This will allow the city to negotiate and lock in fees f or the service and confirm the date of the show f or up to 5 years.
C O NC L US I O N:
Given last year ’s success and their responsiveness to the City’s R F P, S taff recommends City C ouncil enter into a live entertainment agreement with T L C C reative.
F I S C AL I M PAC T:
T his service will be paid for out of the General F und budget. T he total amount of the agreement will not exceed $153,000 over a 5-year period. T he f ollowing will be the fee schedule for the duration of the agreement, which includes the optional two (2) 1-year extensions:
Year One $25,000
Year Two
$29,500
87 Year T hree
$31,500
Optional
Year F our
$33,500
Optional
Year F ive
$33,500
AT TAC HM E NT S :
D escription
Exhibit 1 - Resolution No. 2023-30
Exhibit 2 - Agreement with E xhibits
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 88 RESOLUTION NO. 2023-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A LIVE ENTERTAINMENT
AGREEMENT WITH TLC CREATIVE TECHNOLOGY FOR
INDEPENDENCE DAY CELEBRATION
WHEREAS, the City of Bell Gardens (“City”) requires services for a multi-media show for the Independence Day Celebration; and
WHEREAS, City has undergone a Request for Proposals (“RFP”) process in accordance with the City’s Purchasing Policies and State Law; and
WHEREAS, TLC Creative Technology represents that it is fully qualified to perform such services by virtue of its experience, training, and expertise; and
WHEREAS, City believes that TLC Creative Technology is qualified to assist the City with the required services; and
WHEREAS, City desires to enter into a Professional Services Agreement with TLC Creative Technology.
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 Live Entertainment Agreement with TLC Creative Technology.
SECTION 4. The City Council further authorizes the City Manager to execute the Live Entertainment Agreement with TLC Creative Technology 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.
PASSED, APPROVED AND ADOPTED this 24th day of April 2023.
[Signatures on the following page]
89Exhibit 1
Resolution No. 2023-30
2 of 2
THE CITY OF BELL GARDENS
________________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
90Exhibit 1
1 2023
LIVE ENTERTAINMENT AGREEMENT
(Description of Live Entertainment: Independence Day Celebration Show) (Parties: The City of Bell Gardens and TLC Creative Technology)
THIS LIVE ENTERTAINMENT (“Agreement”) is made and entered into this 24th day of April 2023 (hereinafter, the “Effective Date”), by and between the CITY OF BELL GARDENS, (hereinafter called "CITY") and TLC CREATIVE TECHNOLOGY (hereinafter, “VENDOR”). For purposes of this Agreement, the capitalized term “Parties” shall be a collective reference to both CITY and VENDOR. The capitalized term “Party” may refer to either CITY or VENDOR interchangeably as reasonably appropriate.
WHEREAS, on March 22, 2023, CITY issued a Request for Proposals for a multi- media show for CITY’s Independence Day Celebration; and
WHEREAS, CITY desires to utilize the services of VENDOR as an independent contractor to provide a multi-media show for the Independence Day Celebration; and
WHEREAS, VENDOR represents that it is fully qualified to perform such services by virtue of the skills, experience and training of its principals and employees.
NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and VENDOR agree as follows:
I.
ENGAGEMENT TERMS
1.1 PURPOSE OF ENGAGEMENT: Subject to the terms and conditions of this Agreement, VENDOR agrees to provide CITY with a multi-media show for the Independence Day Celebration. The various tasks and related services to be performed by VENDOR are more specifically described in the CITY’s “Request for Proposals Independence Day Celebration Multi-Media and Laser Show” dated March 22, 2023 (hereinafter the “CITY RFP”) and the written proposal of VENDOR entitled “TLC Creative Proposal for Laser Show” (hereinafter, the “VENDOR PROPOSAL”). The CITY RFP and the VENDOR PROPOSAL are attached and incorporated hereto as Exhibits “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the VENDOR PROPOSAL. The Parties acknowledge and agree that the central matter of this Agreement is VENDOR’s provision of live entertainment services to be performed in the time, place and manner set forth in the Scope of Work. Specifically, the live entertainment services contemplated under this Agreement shall be performed at the Veterans Park located in the City of Bell Gardens. 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 VENDOR 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 91Exhibit 2
2 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.
1.2 TERM: This Agreement shall have a term commencing from the Effective Date through July 31, 2026 (hereinafter, the “Term”). The Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one-year extensions provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial 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 III (Termination), below.
1.3 COMPENSATION: CITY agrees to compensate VENDOR the annual budgeted sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) for Year One; TWENTY-NINE THOUSAND FIVE HUNDRED DOLLARS ($29,500) for Year Two; THIRTY-ONE THOUSAND FIVE HUNDRED DOLLARS ($31,500) for Year Three; and THIRTY-THREE THOUSAND FIVE HUNDRED DOLLARS ($33,500) for each optional Year Four and Year Five, for an Aggregate Sum of ONE HUNDRED FIFTY-THREE THOUSAND DOLLARS ($153,000) (hereinafter, the “Aggregate Not-to-Exceed Sum”) for the services and tasks that VENDOR performs to the satisfaction of the CITY, in compliance with the Scope of Services and the schedule set forth in Exhibit “A”. In the event VENDOR’s charges are projected to exceed the annual budgeted sum prior, CITY may suspend VENDOR’s performance pending CITY approval of any anticipated expenditures in excess of the annual budgeted sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.4 STANDARD OF PERFORMANCE: VENDOR shall perform all services at the standard of care and skill ordinarily exercised by members of the profession under similar conditions.
II.
INSURANCE
2.1 INSURANCE: At its sole expense, VENDOR shall procure and keep in force full an adequate insurance coverage of all of its operations pursuant to this Agreement as set forth below, and “Bell Gardens” shall be named as an additional insured on policies providing coverage for A and B below:
A. Comprehensive General Liability Insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted .
B. Automobile Liability Insurance at least as broad as Insura nce Services Office from CA 00 01 covering bodily injury and property damage for vehicles used in connection with the performance of this Agreement with 92Exhibit 2
3 minimum limits of One Million Dollars ($1,000,000) combined single limit (each accident).
C. Worker’s Compensation and Employer's Liability: Statutory California State limits. These coverages and limits are to be considered minimum requirements under this Agreement and in no way limit the liability of Vendor.
Prior to start of work under this Agreement, Vendor shall file with CITY evidence of insurance as required above from an insurer or insurers certifying to the required coverage. The coverage shall be evidenced on a certificate of insurance signed by an authorized representative of the insurer(s).
CITY, in its sole discretion may, waive any or all of the insurance requirements listed above in the best interests of the CITY, provided that any such waiver must be confirmed in writing signed by the Recreation and Community Services Director.
III.
TERMINATION
3.1 CITY may terminate this Agreement in the event of VENDOR’s breach of this Agreement, including but not limited to VENDOR’s failure to perform the entertainment services contemplated under this Agreement in the time, place and/or manner contemplated herein. CITY’s termination right shall be cumulative with any other remedies it may pursue at law or in equity, and includes the right to withhold compensation to VENDOR for failure to perform the entertainment services contemplated herein.
3.2 The Parties acknowledge, understand and agree that circumstances beyond the CITY’s control may necessitate the rescheduling of the event where VENDOR’s services shall be performed. Such circumstances may include natural disasters, inclement weather or other emergencies, which pose reasonably foreseeable harm to persons and/or property or which otherwise, threaten the public’s health and safety. In the event of such circumstances, the VENDOR agrees to negotiate with CITY in good faith for the rescheduling of VENDOR’s services at no additional cost to CITY above the originally agreed upon contract price.
IV.
INDEMNIFICATION
4.1. VENDOR agrees to indemnify, defend and hold free and harmless the CITY and CITY’s elected or appointed officials, officers, employees, agents and volunteers from, any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the willful misconduct or negligent acts, errors or omissions of VENDOR, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person 93Exhibit 2
4 or entity named in the Agreement as a VENDOR, then all obligations, liabilities, covenants and conditions under this Se ction 4 shall be joint and several. This provision shall survive the expiration of this Agreement.
4.2. CITY agrees to indemnify, defend and hold free and harmless VENDOR from, any and all actions claims, damages to persons or property, penalties, obliga tions, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the willful misconduct or negligent acts, errors or omissions of CITY. In the event there is more th an one person or entity named in the Agreement as a VENDOR, then all obligations, liabilities, covenants and conditions under this Section 7 shall be joint and several.
This provision shall survive the expiration or termination of this Agreement.
V.
MISCELLANEOUS PROVISIONS
5.1 NOTICES: Notice given pursuant to this Agreement shall be served upon the person to be notified by personal service upon such party, or by the deposit of such written notice in the care and custody of the United States Postal Service, postage prepaid, addressed as follows:
CITY: CITY OF BELL GARDENS
Director of Recreation and Community Services
City of Bell Gardens
8000 Park Lane
Bell Gardens, CA 90201
VENDOR: TLC Creative Technology
Jeff Ward – Sales/Logistics
13428 Maxella Avenue
Suite 261
Marina Del Rey, CA 90292
Notices hereunder shall be deemed to have been given on the day of personal service thereof upon the Party to be notified, or as of the second (2nd) day following the deposit of the same in the care and custody of the United States Postal Service.
5.2 COMPLIANCE WITH LAWS: VENDOR shall keep itself fully informed of and in compliance with all applicable laws, statutes, codes, rules, regulations and ordinances of the federal government of the United States of America, the State of California, the County of Los Angeles, the City of Bell Gardens and any other local governmental entity to the extent such laws, statutes, codes, rules, regulations or ordinances govern or affect the performance of the Services. If VENDOR performs any work knowing it to be contrary to such laws, statutes, codes, rules, regulations or ordinances, VENDOR shall be solely responsible for all costs arising there from.
5.3 INDEPENDENT CONTRACTOR STATUS: VENDOR’s relationship to CITY under this Agreement shall be that of an independent contractor and not as an official, 94Exhibit 2
5 officer, agent or employee of the City of Bell Gardens or any of their respective departments or divisions. VENDOR shall not be permitted to obligate CITY to any person for any purpose nor shall VENDOR be entitled to the receipt of any CITY benefits normally provided to CITY employees.
5.4 PERSONNEL: VENDOR represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by VENDOR and all personnel engaged in the work shall be qualified to perform such services.
VENDOR reserves the right to determine the assignment of its own employees to the performance of VENDOR’s services under this Agreement, but CITY reserves the right, for good cause, to require VENDOR to exclude any employee from performing services on CITY’s premises.
5.5 ASSIGNMENT: VENDOR shall not assign or transfer any interest in this Agreement nor the performance of any of VENDOR’s obligations hereunder, without the prior written consent of CITY, and any attempt by VENDOR to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
5.6 ATTORNEY’S FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.
5.7 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
5.8 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 Agreement inure exclusively to the Parties.
5.9 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
5.10 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5.11 AMENDMENT; MODIFICATIONS: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City Council approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
95Exhibit 2
6 5.12 CAPTIONS: The captions of the various sections and subsections are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.
5.13 ENTIRE AGREEMENT: This Agreement shall constitute 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, or entered into between CITY and VENDOR prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding.
No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the parties pursuant to Section 5.11 above.
5.14 EXHIBITS: All exhibits referred to in this Agreement are incorporated herein by this reference. In the event of any conflict or inconsistency between the provisions of this Agreement and provisions of any exhibit attached hereto, the provisions of this Agreement shall control.
5.15 COUNTERPARTS: This Agreement shall be executed in two (2) original counterparts each of which shall be of equal force and effect. One counterpart shall be delivered to VENDOR, one counterpart shall be delivered to the City Clerk for the City of Bell Gardens. No handwritten or typewritten amendment, modification or supplement to any one counterpart shall be valid or binding unless made to all two counterparts in conformity with Section 5.11 above.
[SIGNATURE PAGE TO FOLLOW]
96Exhibit 2
7 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed on the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS
By:
Michael B. O’Kelly, City Manager
Date:
TLC CREATIVE TECHNOLOGY
By:
Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
97Exhibit 2
8 EXHIBIT “A”
CITY RFP
98Exhibit 2
CITY OF BELL GARDENS
7100 GARFIELD AVENUE BELL GARDENS, CALIFORNIA 90201
(562) 806-7706 FAX (562) 776-5347 WWW.BELLGARDENS.ORG
April 5, 2023
REQUEST FOR PROPOSAL INDEPENDENCE DAY CELEBRATION
MULTI-MEDIA AND LASER SHOW
ADDENDUM 1
This addendum stipulates a deadline extension for the City of Bell Gardens Independence Day Celebration Multi-Media and Laser Show Request for Proposals. Proposals are now Garfield Ave. Bell Gardens, CA 90201.
Sincerely,
Vanessa Quiroz
Deputy City Clerk
END OF ADDENDUM 1 99Exhibit 2
7100 Garfield Avenue, Bell Gardens, Ca 90201 562-806-7700 www.bellgardens.org
REQUEST FOR PROPOSALS
INDEPENDENCE DAY CELEBRATION
MULTI-MEDIA AND LASER SHOW
RFP RELEASE DATE
March 22, 2023
PROPOSAL SUBMITTAL DEADLINE
Wednesday, April 5, 12:00pm
Contact Person:
Elizabeth Nava, Director of Recreation and Community Services Direct: 562-806-7650
email: [email protected]
100Exhibit 2
INDEPENDENCE DAY CELEBRATIONS MULTI-MEDIA AND LASER SHOW 2
Table of Contents 2
Introduction and Background 3
Submittal Procedures / Deadline 4
Scope of Services 5
Point of Contact and Communication 6
Evaluation Criteria 7
Instructions, Terms and Conditions 7
Live Entertainment Agreement Template 11
TABLE OF CONTENTS
101Exhibit 2
INDEPENDENCE DAY CELEBRATIONS MULTI-MEDIA AND LASER SHOW 3
The City of Bell Gardens is soliciting proposals from qualified professionals to provide a multi-media and laser show for the City’s annual Independence Day Celebration Event.
The City would like to enter into a 3-year agreement with the option of two additional one-year terms, in order to provide the community with a Firework-free Independence Day show that is comprised of various visual, musical and special effects. This year the event will take place on Saturday, July 1, 2023. The City will provide the selected Proposer the future Independence Day Celebration Event dates as they are determined.
It is the intent of the City to select a single proposer to accomplish and/or supply all services outlined in the Request for Proposals (“RFP”).
The City reserves the right to accept or reject any or all responses received in response to this request. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City’s potential award of an agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an agreement is awarded, it will be awarded to the proposer who in the judgment of the City has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which t he City may consider relevant and important in determining whic h proposal is best for the City. Additionally, the City may, for any reason, decide not to award an agreement based on this RFP. The City reserves the right to cancel this RFP. The City shal l not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deli verables and associated costs.
The City of Bell Gardens was incorporated as a general law city in 1961 and is rich in history. It is bordered by the City of Commerce, Cudahy, Downey, South Gate, and Bell.
As of the 2020 United States Census, the City had a population of ap proximately 39,501 in an area of 2.4 square miles and is located in the southeastern part of Los Angeles County.
The City utilizes a City Council/City Manager form of government. The City Council provides political leadership and policy direction, and the City Manager works under the direction of the City Council and functions as the manager of the city employees and department heads. All City elections are governed by the California Elections Code.
INTRODUCTION AND BACKGROUND
102Exhibit 2
INDEPENDENCE DAY CELEBRATIONS MULTI-MEDIA AND LASER SHOW 4
MINIMUM QUALIFICATIONS
To be considered for selection, proposers must demonstrate knowledge and experience in the following areas: Providing local government agencies or municipalities with successful high quality multi-media and laser shows.
PROPOSAL CONTENT AND SUBMITTAL INSTRUCTIONS
A. Deadline: Proposals must be received no later than 12:00 PM on Wednesday, April 5, 2023.
B. Location: Proposals can be submitted via [email protected] or the City Clerk’s Office at 7100 Garfield Avenue, Bell Gardens, CA 90201, up to the hour of 12:00 p.m. on April 5, 2023. Proposals received after this time will be considered to be non-responsive.
C. Submission: Proposals must be completed and received by the due date.
Postmarks by the due date and facsimiles are not acceptable. Late submissions or delivery via facsimile will not be considered. 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.
The City assumes no responsibility for delays caused by mail or delivery service. Postmarking by the due date will not substitute for actual receipt.
Proposals may be submitted as follows:
1) Electronic: Proposals must be submitted in PDF format via [email protected] up to the hour of 12:00 p.m. on April 5, 2023.
One copy of the entire proposal is required. The electronic version of the proposal must be an exact duplicate of the hard copies and the su bject line must read “Independence Day Multi-Media and Laser Show RFP Response”. 2) Personal Delivery by messenger services to the City Clerk’s Office located at 7100 Garfield Avenue, Bell Gardens, CA 90201. Proposals must be submitted in an envelope, and clearly marked “City of Bell Gardens – Independence Day Multi-media and Laser Show”. Two (2) copies of the proposal must be submitted along with a PDF copy of the proposal on an USB thumb drive.
3) Mail: If submitting by mail, please ensure “City of Bell Gardens – Independence Day Multi-media and Laser Show” is written in the lower left‐hand corner of the envelope. Two (2) copies of the proposal must be submitted along with a PDF copy of the proposal on an USB thumb drive.
SUBMITTAL PROCEDURES / DEADLINE
103Exhibit 2
INDEPENDENCE DAY CELEBRATIONS MULTI-MEDIA AND LASER SHOW 5 D. Content: Proposals must be clearly labeled “City of Bell Gardens – Independence Day Multi-media and Laser Show” and include the following information:
1) Vendor profile and qualifications including specific experience with multi- media laser shows in California.
2) Recommended approach and specific steps to handling services requested, including the use of any subcontractors and/or partners. 3) Proposed schedule of work.
4) Expectations of the type and amount of tasks/support requested of City staff to assist in the process.
5) Identification of the key staff members who will be assigned to the Bell Gardens Independence Day show; include the qualifications and relevant experience for the identified team members.
6) budget and total cost of service for the Independence Day multi-media and laser show, itemized to the extent possible and including a fee schedule for additional services.
7) Complete contact information for a minimum of two recent clients for whom similar services described in the RFP have been performed.
E. Schedule: The following is an outline of the anticipated schedule for the proposal review, Agreement award, and study. Schedule is subject to change:
1) Release of RFP March 23, 2023
2) Proposal Submission Deadline April 5, 2023, at 12:00 pm 3) Recommendation of Award to City Council April 10, 2023
DATES OF CONSIDERATION BY CITY COUNCIL ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT NOTICE.
PRELIMINARY SCOPE OF SERVICES
Requested Services include, but are not limited to:
A. Provide a lead staff member who is licensed to provide a multi-media and laser show and who will be able to attend all pre-planning meetings with City staff.
SCOPE OF SERVICES
104Exhibit 2
INDEPENDENCE DAY CELEBRATIONS MULTI-MEDIA AND LASER SHOW 6
B. Obtain all required permits and follow all local, state and federal regulations.
C. Produce a full site plan and submit it to the FAA for approval.
D. Other Work related to Requested Services:
a. Proposer must work with the City Staff to create a video production as part of the show.
b. Proposer must be available for set up
c. Proposer must work with the City Manager and City Staff to provide a marketing/communication campaign to promote the application and educate the public.
MULTI-MEDIA AND LASER SHOW SPECIFICATIONS AND REQUIREMENTS
The multi-media and laser show for the City of Bell Gardens must meet the following specifications and requirements:
A. Provide all services necessary to provide a 20-minute firework free multi- media and laser show.
B. The show should have at least 3 parts, an opening, the core of the show and a grand finale.
C. Choreographed music with the laser and multi-media show. Music must be pre-approved by the City prior to the show.
D. A laser show that includes patriotic graphics.
E. Supplemental effects including but not limited to:
1. Smoke jets
2. Smoke geysers
3. Fog machines
4. White sparkle fountains
5. Streamer cannons
POINT OF CONTACT
This RFP is issued by the City, and the Director of Recreation and Community Services and Recreation Supervisor will be the points of contact (“Point of Contact”) during the RFP submission and procurement process. Communications initiated by proposers to this RFP with members of the City Council, or officers, personnel or employees of the City, other than via the Points of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:
City of Bell Gardens
Attention: Elizabeth Nava, Director of Recreation and Community Services
POINT OF CONTACT AND COMMUNICATION
105Exhibit 2
INDEPENDENCE DAY CELEBRATIONS MULTI-MEDIA AND LASER SHOW 7 7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7650
Email: [email protected]
EX PARTE COMMUNICATIONS
Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Propose rs’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, and the Director of Recreation and Community Services and Recreation Supervisor (or their designee), regarding this RFP until after Agreement Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontracto rs or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf.
EVALUATION OF PROPOSALS
Proposals will be evaluated on the Proposer’s ability to provide services that meet the requirements set forth in this RFP. The City reserves the right to make such investigations as it deems necessary to determine the ability of the Proposer to provide services meeting a satisfactory level of performance in accordance with the City’s requirements. The Proposer shall furnish such information and data for this purpose as the City may request, at no cost to the City. The adequacy, depth, and clarity of the Proposal will influence, to a considerable degree, its evaluation.
LIVE ENTERTAINMENT AGREEMENT
Upon conclusion of the RFP process, the Director of Recreation and Community Services will recommend a proposer to the City Council. The successful Proposer will be required to enter into a Live Entertainment Agreement with the City for a 3-year contract with the option of two one-year extensions. A copy of the City’s Live Entertainment Agreement is attached and incorporated as Exhibit “A”. The proposal process, contract negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law. Proposers should carefully review this document, which constitutes the formal RFP, to ensure a clear understanding of the City’s needs and objectives and scope of work.
EVALUATION CRITERIA
INSTRUCTIONS, TERMS AND CONDITIONS
106Exhibit 2
INDEPENDENCE DAY CELEBRATIONS MULTI-MEDIA AND LASER SHOW 8
GENERAL INSTRUCTIONS, TERMS AND CONDITIONS
A. Proposals shall be prepared to simply and economically, provide a straightforward, concise description of the Proposer's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completen ess, clarity of content, responsiveness to the requirements, and an understanding of City’s objectives.
B. Proposers shall carefully read the information contained in this R FP and shall submit complete responses to all requirements and questions as directed.
Incomplete proposals may be considered non-responsive and may be rejected in the City’s discretion. The submission of a response to this RFP shall be deemed a representation and certification by the Proposer that has read and understood the RFP, has investigated all aspects of the RFP, and is aware of the applicable facts pertaining to the RFP process, its procedures and requirements. No request for modification of the responses to this request shall be considered after its submission on grounds that the Proposer was not fully informed as to any facts or condition.
C. Following the Proposal Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code Section 6250 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copyin g by any interested member of the public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, Proposers acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, includi ng other proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive.
D. Proposers shall prepare and develop proposals at their sole cost and expense.
E. The City makes no representations of any kind that an award of a n agreement will be made because of this RFP, or subsequent RFP. The City reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, and/or delete any item/requirements from this RFP when deemed to be in City’s best interest.
F. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.
107Exhibit 2
INDEPENDENCE DAY CELEBRATIONS MULTI-MEDIA AND LASER SHOW 9 G. Receipt of an addendum of the RFP by a proposal must be acknowledged by submitting the signed addendum with the proposal.
H. A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by the Proposer’s authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal.
I. The City may evaluate the proposals based on the anticipated completion of all or any portion of the requested services. The City reserves the right to divide the requested services into multiple parts, to reject any and all proposals and re- solicit for new proposals, or to reject any and all proposals an d temporarily or permanently abandon the requested services.
J. The City may, in the evaluation of proposals, request clarification from Proposers regarding their proposals, obtain additional material or literature, and pursue other avenues of research as necessary to ensure that a thorough evaluation is conducted.
K. By submitting a proposal in response to this RFP, the Proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City.
L. The City of Bell Gardens expects the highest level of ethical conduct from Proposers, including adherence to all applicable laws and local ordinances regarding ethical behavior.
M. If an agreement cannot be reached with the highest ranked Proposer, City reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked Proposer.
N. Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
• Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms, or conditions of this proposal;
• Any attempt to improperly influence any member of the selection staff; • Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City;
• Evidence of incorrect information submitted as part of the RFP; • Evidence of Proposer’s inability to successfully complete the responsibilities and obligations of the proposed scope of work; and 108Exhibit 2
INDEPENDENCE DAY CELEBRATIONS MULTI-MEDIA AND LASER SHOW 10 • Proposer’s default under any agreement, which results in termination of the Agreement.
O. Acceptance of any proposal is contingent upon the Proposer’s certification and agreement by submittal of its offer, to comply and act in accordance with all provisions of the City’s Municipal Code.
P. The successful Proposer shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Agreement.
Q. Any questions or clarification related to the contents of the RFP must be submitted to the City Clerks’ Office at least five (5) calendar days prior to the due date of proposals. Oral explanations or instructions given prior to the opening of the offer shall not be binding. The City shall issue any official Addendums in writing or via https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids to all Proposers.
109Exhibit 2
INDEPENDENCE DAY CELEBRATIONS MULTI-MEDIA AND LASER SHOW 11
EXHIBIT “A”
LIVE ENTERTAINMENT AGREEMENT
110Exhibit 2
1 2023
LIVE ENTERTAINMENT AGREEMENT
(Description of Live Entertainment: Independence Day Celebration Show) (Parties: The City of Bell Gardens and )
THIS LIVE ENTERTAINMENT (“Agreement”) is made and entered into this day of 2023 (hereinafter, the “Effective Date”), by and between the CITY OF BELL GARDENS, (hereinafter called "CITY") and
(hereinafter, “VENDOR”). For purposes of this Agreement, the capitalized term “Parties” shall be a collective reference to both CITY and VENDOR. The capitalized term “Party” may refer to either CITY or VENDOR interchangeably as reasonably appropriate.
WHEREAS, on INSERT DATE CITY issued a Request for Proposals for a multi- media show for CITY’s Independence Day Celebration; and
WHEREAS, CITY desires to utilize the services of the VENDOR as an independent contractor to provide a multi-media show for the Independence Day Celebration; and
WHEREAS, VENDOR represents that it is fully qualified to perform such services by virtue of the skills, experience and training of its principals and employees.
NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and VENDOR agree as follows:
I.
ENGAGEMENT TERMS
1.1 PURPOSE OF ENGAGEMENT: Subject to the terms and conditions of this Agreement, VENDOR agrees to provide CITY with a multi-media show for the Independence Day Celebration. The various tasks and related services to be performed by VENDOR are more specifically described in the CITY’s “[INSERT NAME OF CITY RFP]” (hereinafter the “CITY RFP”) and the written proposal of VENDOR entitled “INSERT TITLE OF PROPOSAL” (hereinafter, the “VENDOR PROPOSAL”) dated INSERT DATE OF PROPOSAL. The CITY RFP and the VENDOR PROPOSAL are attached and incorporated hereto as Exhibits “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the VENDOR PROPOSAL. The Parties acknowledge and agree that the central matter of this Agreement is VENDOR’s provision of live entertainment services to be performed in the time, place and manner set forth in the Scope of Work. Specifically, the live entertainment services contemplated under this Agreement shall be performed at the Veterans Park located in the C ity of Bell Gardens. 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 VENDOR 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 111Exhibit 2
2 provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.2 TERM: This Agreement shall have a term commencing from the Effective Date through (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 III (Termination), below.
1.3 COMPENSATION: CITY agrees to compensate VENDOR the annual budgeted sum of INSERT AMOUNT ($#) (hereinafter, the “Annual Not-to-Exceed Sum”) for the services and tasks that VENDOR performs to the satisfaction of the CITY, in compliance with the Scope of Services and the schedule set forth in Exhibit “A”.
In the event VENDOR’s charges are projected to exceed the Annual Not-to- Exceed Sum prior to the expiration of this Agreement, CITY may suspend VENDOR’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.
1.4 STANDARD OF PERFORMANCE: VENDOR shall perform all services at the standard of care and skill ordinarily exercised by members of the profession under similar conditions.
II.
INSURANCE
2.1 INSURANCE: At its sole expense, VENDOR shall procure and keep in force full an adequate insurance coverage of all of its operations pursuant to this Agreement as set forth below, and “Bell Gardens” shall be named as an additional insured on policies providing coverage for A and B below:
A. Comprehensive General Liability Insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted .
B. Automobile Liability Insurance at least as broad as Insura nce Services Office from CA 00 01 covering bodily injury and property damage for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) combined single limit (each accident).
C. Worker’s Compensation and Employer's Liability: Statutory California State limits. These coverages and limits are to be considered minimum requirements under this Agreement and in no way limit the liability of Vendor.
112Exhibit 2
3 Prior to start of work under this Agreement, Vendor shall file with CITY evidence of insurance as required above from an insurer or insurers certifying to the required coverage. The coverage shall be evidenced on a certificate of insurance signed by an authorized representative of the insurer(s).
CITY, in its sole discretion may, waive any or all of the insurance requirements listed above in the best interests of the CITY, provided that any such waiver must be confirmed in writing signed by the Recreation and Community Services Director.
III.
TERMINATION
3.1 CITY may terminate this Agreement in the event of VENDOR’s breach of this Agreement, including but not limited to VENDOR’s failure to perform the entertainment services contemplated under this Agreement in the time, place and/or manner contemplated herein. CITY’s termination right shall be cumulative with any other remedies it may pursue at law or in equity, and includes the right to withhold compensation to VENDOR for failure to perform the entertainment services contemplated herein.
3.2 The Parties acknowledge, understand and agree that circumstances beyond the CITY’s control may necessitate the rescheduling of the event where VENDOR’s services shall be performed. Such circumstances may include natural disasters, inclement weather or other emergencies, which pose reasonably foreseeable harm to persons and/or property or which otherwise, threaten the public’s health and safety. In the event of such circumstances, the VENDOR agrees to negotiate with CITY in good faith for the rescheduling of VENDOR’s services at no additional cost to CITY above the originally agreed upon contract price.
IV.
INDEMNIFICATION
4.1. VENDOR agrees to indemnify, defend and hold free and harmless the CITY and CITY’s elected or appointed officials, officers, employees, agents and volunteers from, any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the willful misconduct or negligent acts, errors or omissions of VENDOR, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a VENDOR, then all obligations, liabilities, covenants and conditions under this Se ction 4 shall be joint and several. This provision shall survive the expiration of this Agreement.
4.2. CITY agrees to indemnify, defend and hold free and harmless VENDOR from, any and all actions claims, damages to persons or property, penalties, obliga tions, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the willful misconduct or 113Exhibit 2
4 negligent acts, errors or omissions of CITY. In the event there is more th an one person or entity named in the Agreement as a VENDOR, then all obligations, liabilities, covenants and conditions under this Section 7 shall be joint and several.
This provision shall survive the expiration or termination of this Agreement.
V.
MISCELLANEOUS PROVISIONS
5.1 NOTICES: Notice given pursuant to this Agreement shall be served upon the person to be notified by personal service upon such party, or by the deposit of such written notice in the care and custody of the United States Postal Service, postage prepaid, addressed as follows:
CITY: CITY OF BELL GARDENS
Director of Recreation and Community Services
City of Bell Gardens
8000 Park Lane
Bell Gardens, CA 90201
VENDOR: INSERT NAME OF VENDOR
INSERT ADDRESS OF VENDOR
Notices hereunder shall be deemed to have been given on the day of personal service thereof upon the Party to be notified, or as of the second (2nd) day following the deposit of the same in the care and custody of the United States Postal Service.
5.2 COMPLIANCE WITH LAWS: VENDOR shall keep itself fully informed of and in compliance with all applicable laws, statutes, codes, rules, regulations and ordinances of the federal government of the United States of America, the State of California, the County of Los Angeles, the City of Bell Gardens and any other local governmental entity to the extent such laws, statutes, codes, rules, regulations or ordinances govern or affect the performance of the Services. If VENDOR performs any work knowing it to be contrary to such laws, statutes, codes, rules, regulations or ordinances, VENDOR shall be solely responsible for all costs arising there from.
5.3 INDEPENDENT CONTRACTOR STATUS: VENDOR’s relationship to CITY under this Agreement shall be that of an independent contractor and not as an official, officer, agent or employee of the City of Bell Gardens or any of their respective departments or divisions. VENDOR shall not be permitted to obligate CITY to any person for any purpose nor shall VENDOR be entitled to the receipt of any CITY benefits normally provided to CITY employees.
5.4 PERSONNEL: VENDOR represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by VENDOR and all personnel engaged in the work shall be qualified to perform such services.
VENDOR reserves the right to determine the assignment of its own employees to the performance of VENDOR’s services under this Agreement, but CITY reserves 114Exhibit 2
5 the right, for good cause, to require VENDOR to exclude any employee from performing services on CITY’s premises.
5.5 ASSIGNMENT: VENDOR shall not assign or transfer any interest in this Agreement nor the performance of any of VENDOR’s obligations hereunder, without the prior written consent of CITY, and any attempt by VENDOR to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
5.6 ATTORNEY’S FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.
5.7 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
5.8 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 Agreement inure exclusively to the Parties.
5.9 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
5.10 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5.11 AMENDMENT; MODIFICATIONS: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City Council approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
5.12 CAPTIONS: The captions of the various sections and subsections are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.
5.13 ENTIRE AGREEMENT: This Agreement shall constitute 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, or entered into between CITY and VENDOR prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding.
No amendment, modification or supplement to this Agreement shall be valid and 115Exhibit 2
6 binding unless in writing and duly executed by the parties pursuant to Section 5.11 above.
5.14 EXHIBITS: All exhibits referred to in this Agreement are incorporated herein by this reference. In the event of any conflict or inconsistency between the provisions of this Agreement and provisions of any exhibit attached hereto, the provisions of this Agreement shall control.
5.15 COUNTERPARTS: This Agreement shall be executed in two (2) original counterparts each of which shall be of equal force and effect. One counterpart shall be delivered to VENDOR, one counterpart shall be delivered to the City Clerk for the City of Bell Gardens. No handwritten or typewritten amendment, modification or supplement to any one counterpart shall be valid or binding unless made to all two counterparts in conformity with Section 5.11 above.
[SIGNATURE PAGE TO FOLLOW]
116Exhibit 2
7 IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the day and year first above written.
CITY OF BELL GARDENS
By:
Michael B. O’Kelly, City Manager
Date:
INSERT VENDOR NAME
By:
Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
117Exhibit 2
9 EXHIBIT “B”
VENDOR PROPOSAL
118Exhibit 2
Technology Meets Creativity
Innovation for Events
Production Services for Live - Hybrid – Virtual Events
Lasers * Holographs * Drones
TLC Creative Proposal for Laser Show
Event Date: July 1, 2023
City of Bell Gardens
Recreation & Community Services
8000 Park Lane | Bell Gardens, Ca 90201
Identification of Respondents:
Company name: TLC Creative Special Effects (Talking Laser Company) Contact: Jeff Ward
Web: TLCiscreative.com
Phone: 310 822-6790
Address: 13428 Maxella Ave #261 Marina Del Rey CA 90292 Background: TLC is an award-winning special effects provider as well as the longest continuously operating laser show company in the country. We have done 100’s of laser lights shows for both public and private over our 37 years in business.
(1) Vendor profile and qualifications including specific experience with multimedia laser shows in California.
Vendor Profile:
TLC Creative Special effects is the longest continually operated Laser light show company in the USA. Located in Los Angeles, TLC has done lasers for: Los Angeles Lakers, Los Angeles Kings, Los Angeles Sparks, city of Bell Gardens, City of Lynwood, and countless other concerts, corporate events, and parties. We specialize in multimedia laser shows.
(2) Recommended approach and specific steps to handling services requested, including the use of any subcontractors and/or partners. TLC is a self-contained multimedia company that will only subcontract if there are specific requests for show not included in the proposal that TLC does not provide. If such requests, TLC will make all effort to incorporate them into the show.
There are some items needed that are not included in the proposal such as Stage, band, security, bathrooms, Audio systems, and generators for power that should be supplied by city planners
3) Proposed schedule of work:
3/13- proposal submitted
6/1--------- Graphics and soundtrack submitted for approval 6/15-------- First version of show created and submitted for approval 6/30----------Set up and testing
6/30----------Rehearsal for City planners (after dark)
7/1----------Show and strike after event
119Exhibit 2
Technology Meets Creativity
Innovation for Events
Production Services for Live - Hybrid – Virtual Events
Lasers * Holographs * Drones
4) Expectations of the type and amount of tasks/support requested of City staff to assist in the process.
The City is expected to provide the location and staffing for the event. In addition, last year the city also provided the stage, sound system, band, power to location, video content, trussing and screen support, security overnight and at event.
5) Identification of the key staff members who will be assigned to the Bell Gardens Independence Day show; include the qualifications and relevant experience for the identified team members.
Owner: Kevin Bilida: Kevin has owned TLC Creative for 37 years and works on some of the biggest events in the world including: Super bowl pre-game and halftime shows, world cup, NBA playoffs and championship games and much more.
Sales/logistics: Jeff Ward; Jeff has been with TLC for 25 years and has been a laser light technician for most of that time. He has planned and coordinated countless events over th years including last year’s Bell Gardens Independence Day celebration.
Technician: Eric Grosshans: Eric is a systems engineer that has been involved with TLC for almost 10 years.
His expertise in all things technical has been a valuable asset to TLC abilities to adapt to new technologies.
(6) budget and total cost of service for the Independence Day multi-media and laser show, itemized to the extent possible and including a fee schedule for additional services.
Costs:
Year one: $25,000
Year two: $29,500
Year Three: $31,500
Option for two additional years (optional) at $33,500
Equipment:
6 – 30-watt to 40-watt full color laser beam systems with mounted scanners 6- smoke machines with fans
Video projector will be project video onto a screen provided by TLC and rigged from Trussing provided by client.
Additional options:
1. Cryo jets- thick plumes of white smoke that disappear instantly.
2. Geysers- Thick plume of white some that floats in the air.
3. White sparkle fountains- Cold spark simulated pyrotechnics.
4. Red, White, and blue air tubes- making it feel bigger and more patriotic.
5. Streamers- a Great finale moment s streamer shoot out at the end.
Client to Provide:
Stage, power distribution, sound system, and trussing
120Exhibit 2
Technology Meets Creativity
Innovation for Events
Production Services for Live - Hybrid – Virtual Events
Lasers * Holographs * Drones
(7) Complete contact information for a minimum of two recent clients for whom similar services described in the RFP have been performed.
Elizabeth Nava
City of Bell Gardens
Director | Recreation & Community Services
Tel: (562) 806-7650
Email: [email protected]
Mark Flores
Director of Recreation & community Serives
[email protected]
310 603-0220 x353
Email: [email protected]
Proposed Scope of Service:
20-minute Laser light show divided into 3 parts (opening, main body, grand finale) with added special effects choreographed to music approved by City of Bell Gardens. The laser lights show will include Americana graphics, city approved logos or other content, abstract shapes and kaleidoscopes of color, and laser beams projected out over guests’ heads.
The laser show will/can be supplemented with other SPFX such as:
smoke jets,
Smoke geysers
White sparkle fountains
Streamer cannons
http://reference.tlciscreative.com/private/technology-meets-creativity/
TLC will provide a project lead who is licensed that can attend all panning or pre -event meetings.
This lead will also pull all permits, provide insurance certificates, and will follow all regulations, laws, or wishes from the City.
121Exhibit 2
Technology Meets Creativity
Innovation for Events
Production Services for Live - Hybrid – Virtual Events
Lasers * Holographs * Drones
Work Plan
The city will have a dedicated TLC team member to address all of the City’s objectives.
Site plan:
A full site plan will be submitted to FAA for approval. TLC will provide a plan to the city planners for storage or equipment, site security, and logistical needs.
Program: After dark, sound system begins to play music creating anticipation. Once everyone is ready, sound volume increase and brilliant laser beams begin to dance to the beat of the music.
American and other laser graphics timed to the music begin to tell a story. The theme is patriotism, but other city related graphics. The laser show runs for about 15-20 minutes ending in a dramatic finale moment.
Point of Contact:
Jeff Ward- Sales/logistics
TLC Creative Technology
Technology meets Creativity
Design - Production - Technical - Special Effects
Creative Minds / Dynamic Results “Everytime"
Los Angeles Office: 310-822-6790
http://www.TLCisCreative.com
[email protected]
310 822-6790
122Exhibit 2
CIT Y OF BE LL GARDE NS
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 City C ouncil Members
F RO M : Michael B . O'K elly, City Manager
B Y:Douglas B enash, P.E . City E ngineer
S UB J E C T:P RO G RE S S AND NE X T S T E P S - E VAL UAT IO N O F C IT Y 'S WAT E R S Y S T E M WAT E R
Q UAL I T Y
D AT E:A pril 24, 2023
RE C O M M E ND AT I O N:
I t is recommended that the C ity Council by motion:
1. Receive and f ile the report regarding the City’s Water Quality I mprovement E ngineering S tudy containing evaluated options to restore the well to operation and explore alternative groundwater sources;
2. A uthorize staff to issue a Request for Services (R F S ) to I nfrastructure E ngineers to initiate and complete the design of the I on E xchange P FA S Treatment P lant, upon the S tate Water Board approving the C ity’s requested grant amendment or City appropriating necessary funding; and
3. A uthorize staff to issue a R equest for Services (R F S ) to I nfrastructure E ngineers to initiate the P rop 218 study for a new water rate adjustment in F Y 24-25, upon State Water B oard approving the City’s requested grant amendment or City appropriating necessary funding.
B AC K G RO UND/D IS C US S I O N:
I n September of 2020, the S tate Water R esources C ontrol Board – Division of Drinking Water (S W R C B -D D W ) required the C ity of B ell Gardens to collect quarterly samples for a series of 18 different per- and poly-fluorinated alkyl substances (P FA S ), under General Order No. D W 2020-0003-D D W. Part of a large family of chemicals known as per- and polyf luoroalkyl substances (P FA S ), P F O A and P F O S were introduced in the 1940’s and widely used in f irefighting f oams and in grease and stain-resistant, non-stick coatings in a variety of consumer products such as food paper packaging, carpets, f urniture and cookware. T he main route of exposure to P F O A and P F O S is through ingestion. W hile consumer products have been a large source of exposure to these chemicals f or most people, drinking water has become an increasing concern due to the persistence of P FA S chemicals in the environment and their tendency to accumulate in groundwater.
T he S tate Water B oard D ivision of Drinking Water has established an interim “response level” f or P F O S and P F O A f or water agencies. T hese interim levels are an advisory level because currently there are no federal and state standards for P FA S . T he City f ollows these state guidelines f or notifying our water customers.
On September 10, 2021, the C ity turned of f the City water system’s only operating well #1 due to the exceedances of the R esponse L evels for P F O A.
W ith the well turned of f , the C ity water system will utilize water f rom the Metropolitan Water District of S outhern Calif ornia (MW D ) at a monthly cost increase of $120,000 or $1.5 million annually. F or comparison, the City well costs to extract water f rom the underground aquifer is approximately 1/3 of the MW D costs at $39,600 per month or $475,200 annually.
T he City is taking a proactive step to notif y all the City customers via information provided in the next water billing statement. T his information will also be included in the next annual C onsumer Confidence R eport as required by the State.
123
D ue to the high costs involved, the City’s dependency on imported water is not sustainable. I n light of the P FA S levels in the City’s existing well and the need to identify available groundwater sources for reliability, staf f presents the f ollowing action items and options to be evaluated f or f easibility and cost/benefit to help the C ity develop a plan that ensures the long-term viability of the City’s water system.
T he City’s engineering f irm began well inspection and well prof iling in December 2021. T he results of the inspection and prof iling are included in the completed Water Q uality I mprovement E ngineering Study.
Based on the study’s finding, the C ity’s engineering firm has concluded that P FA S /P F O A and others in this family are in the Well #1 water column. T his results in the City to consider several options to address the P FA S /P F O A impacts on the well and customers.
T he primary objective of the Water Quality I mprovement E ngineering Study was to evaluate the options available to the C ity to improve the water quality of Well # 1 to comply with the State Water Resources C ontrol B oard (S W R C B ) regulations & requirements and get the well back into production. T his study evaluated the following items:
B est available technology f or treatment for per- and polyfluoroalkyl substances (P FA S ) in the Well # 1 water B lending of Well # 1 water with Metropolitan Water District (MW D)’s water to maintain all P FA S compounds below 80% of the California Water Resources Control B oard’s R esponse L evel (R L ) Use of MW D water during the design and construction of Well # 1 P FA S Treatment System Use of Well # 1 water without P FA S treatment during design and construction of Well # 1 P FA S Treatment S ystem
Use of MW D Water B ef ore and A fter the Construction of Reservoir and B ooster Station (P FA S Treatment S ystem not included)
Costs to construct the P FA S treatment systems and water blending options Costs of operation and maintenance of each P FA S Treatment System option I nactive Well 3F on Gage Avenue
A djacent agencies’ water systems to acquire surrounding water quality information.
Well # 1 site constraints and areas f or f uture expansion Water R ates Adjustment necessary to cover the anticipated costs of each option.
T he City’s engineering firm began the analysis of the best options to address P FA S. C osts for construction of the various options along with maintenance and operations were obtained. T hese were then placed into a rate study carried out 15 years f rom F Y 21-22. Combining all this inf ormation formulated several options f or analysis as follows:
1. Use M WD water During Design and C onstruction of Ion Exchange (IE ) P FAS T reatment System Option:
P rovide 100% MW D’s water to the distribution system during the design and construction of the I on Exchange P FA S Treatment S ystem. Once the design and construction of the I on E xchange P FA S Treatment S ystem S tation is completed, the City’s water system will be provided water from the I on Exchange P FA S Treatment S ystem. T he base line costs are as f ollows:
C apital C osts $6,521,000 Maintenance and operation C osts $1,289,503
Water Costs $1,436 / Acre F oot (A F ) T he water rate analysis for this option shows the City paying off the debt and being fiscally positive in 14 years. 124
2. Use M WD Wate r During De sign and Construction of Granular Activ ated Carbon (G AC) Tre atme nt Sy ste m Option:
Provide 100% M WD’s water to the distribution system during the design and construction of the Granular Activated Carbon P FAS Treatment System. Once the design and construction of the Granular Activated Carbon P FAS Treatment System is completed, the City’s water system will be provided water from the Granular Activated Carbon PFAS Treatment System. T he base line costs are as follows:
Capital C osts $8,678,000
Maintenance and operation C osts $1,285,837
Water C osts $1,562 / Acre F oot (A F ) T he water rate analysis for this option shows the City paying off the debt and being fiscally positive in 15 years.
3.Use We ll # 1 Wate r Without PFA S Treatme nt Option:
Turn on Well # 1 to provide water to the City’s distribution system without P FAS treatment T his option will require approval from the SWRCB and notification to customers before turning on Well # 1 to the system. This is NOT the re comme nded course of action, but an option that w as conside red. T he base line costs are as follows:
Capital Costs $0 Maintenance and operation Costs $1,835,430
Water Costs $411 / Acre Foot (AF) T he water rate analysis for this option shows the City paying off the debt and being fiscally positive in 9 years.
4.Use MWD Wate r Without P FAS Tre atment Option:
Provide 100% MWD water to the distribution system without P FAS Treatment System. This is NOT the re comme nded course of action, but an option that was considere d. T he Rate Study determined that the costs for using M WD water is not sustainable as long term water supply. T he base line costs are as follows:
Capital C osts $0
Maintenance and operation C osts $589,878
Water C osts $1,422 / Acre F oot (A F )
T he water rate analysis for this option shows the City paying off the debt and being fiscally positive in 16 years.
5.B lending of Well # 1 Water with M etropolitan Water D istrict (M WD) Water Option:
P rovide 100% MW D’s water to the distribution system during the design and construction of a new water mainline from the MW D main to the Well # 1 site, Reservoir and B ooster Station. Once the design and construction of the new water mainline, Reservoir and Booster S tation are completed, the City’s water system will be provided an approximate blend of 52% MW D water and 48% Well # 1 water via the new R eservoir and B ooster Station. Currently, construction funding is not available to build the reservoir and booster station. T his is NO T the recommended course of action, but an option that was considered. T he Rate Study determined that the costs f or MW D water are not sustainable as long term water supply. The base line costs are as follows:
Capital C osts $5,145,000
Maintenance and operation C osts $2,136,089
Water C osts $2,041 / Acre Foot (A F )
125
T he water rate analysis for this option shows that it will take the City more than 15 years to pay off the debt and be fiscally positive. At year 15 the future accumulated shortfall would be $ 8,357,112.
6.Use G olden S tate Water C ompany (G S WC ) O ption:
P rovide water f rom G S W C or other surrounding water purveyors. Staff reached out to G S W C , C ommerce Water and Downey Water. At this time, these purveyors are not interested in purchasing the C ity system due to P FA S . G S W C has turned off the B ell Gardens wells affected by P FA S. T his is NO T the recommended course of action, but an option that was considered.
7.Use of Well 3F Option:
Based on the Well 3F poor water quality f indings and shallow depth during the evaluation, the Study recommends the permanent destruction and disconnection of Well 3F from the C ity’s water system. T he total cost to destroy and disconnect the Well 3F is $158,300.00. This project can be scheduled as part of the annual C I P program utilizing Water S ystem Capital I mprovement f unds.
C onclusion of S tudy:
D esigning and constructing an I on E xchange P FA S treatment is the most viable option to consider. T he timeframe f or completing this treatment project consists of the following:
6 months of design and coordination/approval from the State Water R esources Control Board 12-18 months of construction
3 months post construction for Sample testing/analysis and approval f rom State Water R esources Control Board I f the C ity began the I on exchange treatment design in J uly 2023, it is estimated that Well 1 and its new treatment plant will be operational by D ecember 2026.
T he City last completed a P roposition 218 Water Rate study in 2020, which resulted in water rates being approved for an increase starting in F Y 21-22 through F Y 25-26. T he C ity should proceed with completing a new updated Water R ate Proposition 218 S tudy that proposes a new increase to the water rates starting in F Y 24-25 through the next 5 years to capture increased costs of design, construction and maintenance/operation costs f or the I on E xchange treatment plant, as follows:
F Y 24-25 20% increase in consumption rate, 25% increase in meter rate Annual Revenue $ 3,123,653
F Y 25-26 20% increase in consumption rate, 25% increase in meter rate Annual Revenue $3,809,360
F Y 26-27 10% increase in consumption rate, 15% increase in meter rate Annual Revenue $ 4,266,515
F Y 27-28 10% increase in consumption rate, 15% increase in meter rate Annual R evenue $ 4,780,819
F Y 28-29 10% increase in consumption rate, 15% increase in meter rate Annual Revenue $ 5,359,702
T he C ity will need to continue updating a P rop 218 study every 5 years to continue capturing costs of the Water system operations, maintenance and capital improvements needed.
Staff is continuing to research and secure potential grant funding f or construction costs through the State Water 126
R esources Control B oard and Water R eplenishment District. At this time, staff has not secured any grant f unds f or construction costs. T he City submitted an amendment request to the S tate Water Resources C ontrol B oard in December 2022, to request an amendment to the C ity’s $500,000 Well 1 planning grant f or the reservoir/pump station. T he request was for an additional $1.2 million dollars to fund the City’s P FA S water quality study; additional reservoir/pump station design scope; design of the P FA S I on exchange system; and a new updated P rop 218 study. The C ity anticipates receiving a response from the Water Board by J une 2023. I f the City receives an approved amendment, the City will proceed with using grant funds to complete the design of the P FA S I on Exchange treatment and updating the P rop 218 study for increased water rates. I f the State Water B oard does not approve the amendment, the C ity will proceed to request Council appropriate funds to cover the costs f or design and the study.
C O NC L US ION:
Based on all options, the most viable option is to consider I on E xchange P FA S treatment. I f design begins J uly 2023, it is estimated that Well and its new treatment plant will be operational by D ecember 2026.
F I S C AL I M PAC T:
T he City will receive up to $1.7 million in grant funding f rom the S tate Water B oard to f und the Water Quality improvement engineering study and related P FA S design costs, if the grant amendment is approved.
AT TAC HM E NT S :
D escription
Exhibit 1 - Staff P resentation
AP P RO V E D E L E C T RO NIC AL LY B Y:
Michael B . O'K elly, City Manager
S tephanie Vasquez, Assistant City A ttorney f or Rick R . Olivarez, City Attorney Manuel Carrillo, Director of F inance and A dministrative S ervices 127
City’s Water System Water Quality
Improvement Engineering Study
Presentaton and Recommendation
Planning Commission | March 16, 2011City Council | April 24, 2023 128Exhibit 1
BACKGROUND
❖In September 2020, the State Water Resources Control Board- Division of Drinking Water required the City to obtain quarterly samples of PFAS substances
❖PFAS were introduced in the 1940’s in firefighting foams, stain resistance, non-stick coatings in a wide variety of consumer goods from carpets, furniture and cookware
❖On September 10, 2021 the City turned off Well #1 water due to the excedences and began to purchase Metropolitan Water District (MWD) water to supply water to the City water customers ❖On September 25, 2021 the City Council approved the water system evaluation to be conducted by the City’s engineering firm to identify options for feasibility and cost/benefit to help the City develop a plan that ensures the long-term viability of the City’s water system City Council | April 25, 2022129Exhibit 1
BACKGROUND
❖Work was initiated in January 2020 to video inspect and profile the water column
❖As the micro camera was lowered into the well, the camera became stuck and could not be retrieved due to the lack of clearance between the well casing and pump assembly
❖Based on the Study’s findings, we concluded that PFAS/PFOA and others in this family are in the Well #1 water column. ❖The primary objective of the Water Quality Improvement Engineering Study was to evaluate available options to improve the water quality of Well #1.
City Council | April 25, 2022130Exhibit 1
Study Items to Evaluate
❖Best available technology to treatment of PFAS/PFOA substances in Well #1 water
❖Blending of Well #1 water with MWD water to maintain PFAS compounds below 80% of State Response levels.
❖Use of MWD water during the design and construction of PFAS Treatment system
❖Use of Well #1 water without PFAS treatment during design and construction of PFAS Treatment system
❖Use MWD Water before and after construction of reservoir and booster without PFAS treatment system installed
❖Costs to construct the PFAS treatment systems and water blending options
City Council | April 25, 2022131Exhibit 1
Study Items to Evaluate
❖Costs of operation and maintenance of each PFAS treatment system ❖Inactive Well 3F on Gage Avenue
❖Adjacent Agencies water systems to acquire surrounding water quality
❖Well #1 site constraints and areas for future expansion ❖Water rates adjustment necessary to cover the anticipated costs of each option
City Council | April 25, 2022132Exhibit 1
Options to Consider
❖No.1 -Use MWD Water During Design and Construction of Ion Exchange (IE)PFAS Treatment System Option
Capital Costs $6,521,000
M/O Costs $1 ,289,503
Water Costs $1 ,436 /Acre Foot
Recommended,Payoff in 14 years
❖No.2 -Use of MWD Water During Design and Construction of Granular Activated Caron Treatment System Option
Capital Costs $8,678,000
M/O Costs $1 ,285,837
Water Costs $1 ,562 /Acre Foot
Not Recommended,Payoff in 15 years
City Council | April 25, 2022133Exhibit 1
Options to Consider
❖No.3 -Use of Well #1 Water Without PFAS Treatment Option Capital Costs $0
M/O Costs $1 ,835,430
Water Costs $411 /Acre Foot
Not recommended,payoff in 9 years
❖No.4 -Use of MWD Water Without PFAS Treatment Option
Capital Costs $0
M/O Costs $589,878
Water Costs $1 ,422 /Acre Foot
Not recommended as there is no second source of water as the Well #1 is turned off
City Council | April 25, 2022134Exhibit 1
Options to Consider
❖No.5 –Blending of Well #1 Water with MWD Water Option
Capital Costs $5,145,000
M/O Costs $2,136,089
Water Costs $2,041 /Acre Foot
Not Cost Effective,after 15 yrs,accumulated short fall in excess of $8 mil
❖No.6 -Use of Golden State Water Company Option
Other water agencies were contacted and none were interested in the purchase of the City’s water system due to PFAS
❖No.7 –Use of Well 3F Option
Due to poor water quality in the well,destruction of the well is recommended.Cost is $158,300 and can be incorporated into the Annual Water CIP
City Council | April 25, 2022135Exhibit 1
Conclusion of Study
❖The Ion Exchange PFAS Treatment is the most viable
option to consider.
❖Time frame to complete the treatment project
consists of the following:
1.6 months of design and coordination/approval from State Water Resources Control Board; and
2.12-18 months for construction; and
3.3 months post construction of sample testing/analysis and approval from State Water Resources Control Board.
If the City began the design in July 2023, it is estimated that Well #1 and the treatment plant will be operational by December 2026 City Council | April 25, 2022136Exhibit 1
Rate Study Impacts
❖Rate Study adopted in 2020 and end FY 25 -26.
FY 24-25 20% increase in Consumption and 25% meter rate FY 25-26 20% increase in Consumption and 25% meter rate ❖Proposed Rates for FY 26-27 through FY
FY 26-27 10% Increase in Consumption and 15% meter rate FY 27-28 10% Increase in Consumption and 15% meter rate FY 28-29 10% Increase in Consumption and 15% meter rate The City will need to continue updating a Prop 218 study every five years with above noted rate increases to continue to capture the costs of the water system operations, maintenance and capital improvements.
City Council | April 25, 2022137Exhibit 1
Recommendations
❖Receive and file the report regarding the City Water Quality Improvement Engineering Study containing evaluated options to restore the well to operation and explore alternative
groundwater sources.
❖Authorize staff to issue a Request for Services (RFS) to Infrastructure Engineers to complete the design of the Ion Exchange Treatment plans, upon the State Water Board
approving the City’s requested grant amendment or City
appropriating necessary funding.
❖Authorize staff to issue a RFS to Infrastructure Engineers to initiate the Prop 218 rate study for a new water rate adjustment in FY 24-25, upon the State Water Board approving the City’s requested grant amendment or City appropriating necessary funding.
City Council | April 25, 2022138Exhibit 1
139Exhibit 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 9.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Veronica Sanchez, Management Analyst
S UB J E C T:PARK I NG P O L I C IE S AND P RO G RAM S D AT E:April 24, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council by motion receive and file this report.
B AC K G RO UND/D IS C US S I O N:
T he B ell Gardens P ublic Works D epartment has received input from residents expressing concerns regarding limited parking availability in residential locations. I n a 2020 Parking S urvey it was discovered that nearly 73% of the residents have experienced a lack of available on-street parking. As part of an effort to address these concerns the following policies and programs have been implemented to provide residents with the resources to address their needs:
Driveway Parking Permit
I n September 2019, C ity C ouncil adopted Ordinance No. 897 to allow for the issuance of parking permits f or parking in f ront of private driveways to single family homes. F or B ell Gardens, this means a potential to free up 1,000 parking spaces within the City.
To be eligible f or the permit, a driveway must provide access to a single family home, it is f or the use of one household but can be transf erred between vehicles registered to the same address. T he permit application is available online and at Public Works.
Policy for Installation of Parking “T”s in Residential Areas I n S eptember 2020 City Council adopted the T Marking Policy and Petition. The term “T ” markings are commonly used when referring to on-street pavement markings that delineate parallel parking spaces. T Markings provide and encourage a more orderly and efficient use of parking spaces. They tend to prevent encroachment into fire hydrant zones, bus stops, loading zones, approaches to intersections and curb ramps. T he P olicy is only f or on-street parking in residential areas and requires a 50% plus 1 of the residents on the block to be in f avor of installing T marking.
Each marked space shall have a minimum distance of 18’ f eet long. S triping of curbside parking in residential areas will require increasing parking distances f rom corners, crosswalks, and f ire hydrants because the striping would have to f ollow the legal requirements of the Manual on Uniform Traffic Control D evices, which means it could result in a net loss of parking f or residents.
T he process for applying requires that a P etition be submitted to the P ublic Works D epartment. Upon receipt it will 140
require a field review, detailed measurements, striping plans by the Traffic E ngineer and the Police D epartment f or enf orcement.
Residential Parking Permit District Program
On J une 14, 2021 C ity C ouncil adopted Ordinance No. 913 establishing the Residential Parking P ermit District Program. T he P arking P ermit District can only be established in residential streets and a district is defined as whole blocks, the entire portion of a street block from intersection to intersection and would include both sides of the street. Multifamily properties consisting of 5 units or more (apartment complexes) shall be excluded from the parking district. T he process for establishing the district is by submitting a petition with the support of 70% of the dwelling units within the proposed district.
T hree quarters of the proposed district needs to be single-family residential and 25% of the vehicle parking spaces must be registered to non-residents of the proposed district. T he process requires the review of the Traffic Engineer, the P olice D epartment input and ultimately City Council approval by R esolution.
Once established, the Public Works Department can issue permits. One parking permit may be issued to each single-family dwelling unit and one temporary guest parking permit. A n additional parking permit can be issued in special hardship cases, but no guest parking permit can then be issued.
Once 50% of the residents obtain their permits, signage and Police enforcement can begin.
Other Efforts
Other efforts to address these concerns have also been reviewed. I n November 2020, City Council adopted Ordinance No. 911 to allow the reduction of local fire hydrants red curbing from 15 feet at each direction to 10 feet.
T he City has 540 f ire hydrants and an average of 2 f ire hydrants per block. A dopting this Ordinance allows the City to consider the reduction on a case by case basis, where the reduction of such could provide at least (1) on street parking space.
C urrently staff is performing a colored curb audit. Staf f will be revisiting yellow, white and blue curbs and were feasible and no longer needed, the colored curb can be removed and made available for regular on street parking.
C O NC L US I O N:
T hese programs and policies are available on the City's website. Staff will also work on outreach to inform the community that these programs are available.
F I S C AL I M PAC T:
None.
AT TAC HM E NT S :
D escription
Exhibit 1 - S taff P resentation
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 141
April 24, 2023
1 142Exhibit 1
On September 9, 2019 City Council adopted Ordinance No. 897 to allow for the issuance of parking permits for parking in front of private driveways.
2 143Exhibit 1
3 Driveway Parking Permits are address and location specific. They may be transferred between vehicles registered to the same address; A Driveway Parking Permit will only be issued for single family homes and is exclusive to that household;
Driveway Parking Permits are issued by Department of Public Works on calendar year basis and are renewed annually.
For Bell Gardens, this means a potential to free up 1,000 parking spaces in the City.
144Exhibit 1
On September 28, 2020, the T Marking Policy and Petition was adopted by City Council.
T markings provide and encourages more orderly and efficient use of parking spaces.
They tend to prevent encroachment into fire hydrant zones, bus stops, loading zones, approaches to intersections, curb ramps. 4 145Exhibit 1
5 T Markings are only for on-street parking in residential areas. 50% +1 of the residents on the block must be in favor of installing T Markings.
Each parking space shall have a distance of 18' long.
The area for two on-street parking spaces shall be a minimum of 36' in length.
18’ feet
146Exhibit 1
6 On June 14, 2021, City Council adopted
Ordinance No. 913 establishing a Residential
Parking Permit District Program.
147Exhibit 1
7 Three quarters of the proposed district need to be single-family residential and 25% of the vehicle parking spaces must be registered to non-residents of the proposed district.
Multifamily properties consisting of 5 units or more (apartment complexes) shall be excluded from the parking district.
148Exhibit 1
8 The Parking Permit District can only be
established in residential streets.
A district is defined as whole blocks, the entire portion of a street block from intersection to intersection and would include both sides of the street.
The process for establishing the district is by submitting a petition with the support of 70% of the dwelling units within the proposed district.
It requires the review of the Traffic Engineer and the Police Department input and ultimately City Council approval by Resolution. 149Exhibit 1
9 Once established the Public Works Department can issue permits. • One permit is issued to each single family dwelling and one temporary guest parking permit. An additional parking permit can be issued in hardship cases, but no guest or visitors parking permit can be issued. • Parking permits must be issued to at least fifty percent (50%) of the residential units in the district before signage and enforcement can begin. 150Exhibit 1
10 In November 2020, City Council adopted Ordinance 911 to allow the reduction of local fire hydrants red curbing from 15 feet at each direction to 10 feet. Adopting this Ordinance allows the City to consider the reduction on a case by case basis, where the reduction of such could provide at least (1) on street parking space.
Currently, staff is performing a colored curb audit. Staff will be revisiting yellow, white and blue curbs, where feasible and no longer needed, the colored curb can be removed and made available for regular on street parking.
Staff will also work on outreach to inform the community that these programs and policies are available.
151Exhibit 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 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
S UB J E C T:S ID E WAL K V E ND ING C O M P L I ANC E RE P O RT D AT E:April 24, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council receive and file this report. T he City Council may also provide staff with direction, if desired, on added alternative regulations available to administer and enforce the City’s Sidewalk Vending Ordinance.
B AC K G RO UND/D IS C US S I O N:
O n S eptember 17, 2018, former G overnor B rown signed S B 946, thus adding sections 51036-51039 to the Government C ode, and thereby decriminalizing sidewalk vending throughout the State of C alif ornia. T he law limits local regulations to those expressly provided for in S B 946 or those that are otherwise "directly related to objective health, safety, or welfare concerns."
On F ebruary 13, 2023, staff provided the C ity Council with an update on the existing sidewalk vending regulations and recommended that the City C ouncil consider revisions to Ordinance No. 914 on account of recent changes to the state law and to remove language pertaining to enf orcement abatement of violation practices. T he City A ttorney recommended an amendment to remove lien and impoundment language with a redacted administrative violation protocol.
On March 13, 2023, the amendment was introduced to the City Council through Ordinance No. 932 and approved for first reading. The second reading was conducted on A pril 10, 2023, and the O rdinance was adopted. T he City C ouncil also requested a f uture compliance report for sidewalk vending and directed staff to take on a proactive stance on citing violators, but also educating them on obtaining health permits and a business license.
On March 16, 2023, Code E nf orcement O f f icers Elvin Galindo and L uis L egazpi conducted follow-up sidewalk vending enforcement and addressed eleven (11) sidewalk vendors that were locating or located in the B ell Gardens’ public rights-of-way. Staf f addressed each sidewalk vendor and asked for their County permits and City business license. None were f ound in compliance with Bell Gardens Municipal Code (“B G MC”) operational requirements.
Staf f observed and documented the sidewalk vendors and sidewalk vending carts in violation at each location.
F lyers identif ying assistance with the permitting process were handed to all vendors with links for more inf ormation and guidance to obtain the necessary permits. All of the vendors contacted by staff cooperated in removing their equipment and vacated the locations. However, members of staff were later informed by local businesses and residents in the f ollowing days that many of the vendors returned within an hour or so af ter staf f had lef t f or the day.
T he f ollowing locations were identif ied during the enf orcement activity:
152
L oc a on S treet Vendor
1 6391 Flo rence A ve N o nam e
2 6125 Flo rence A ve N o nam e
3 6039 Flo rence A ve N o nam e
4 5985 Flo rence A ve N o nam e
5 7100 Eastern A ve N o nam e
6 6434 Eastern A ve N o nam e
7 6627 Flo rence A ve N o nam e
8 6200 Clara A ve N o nam e
9 5724 Shull Street N o nam e
10 8330 Eastern A ve Cabezo n Taco s
11 7507 J abo neria Road N o nam e
T he process to obtain a Bell Gardens business license first begins with having received the appropriate County of L os Angeles Department of Public Health, Environmental Health D ivision (“Health”) permit. L os A ngeles C ounty Health annual permit fees range f rom $393 to $772 for low-to-high risk operations, and food cart requirements vary based on limited food preparation guidelines. T he L os Angeles County Department of Public Health also requires a one-time plan check evaluation for a f ee of $746 and $167 f or additional plan checks if the initial plan check is not approved.
T he City of Bell Gardens annual business license f ee is $154 plus $10 f or an additional employee and $72 for a plan check fee once a L os Angeles County Health permit is obtained. Currently, there are five (5) issued business licenses f or sidewalk vending.
S idewalk Vending Business L ic enses I ssued S ince 2019 Perm itted fruit vendors 3
Perm itted flo wer vendo rs 2
R egular sidewalk vending enf orcement has always been enforced prior to the S tate’s adoption of S B 946. S taff received complaints from local businesses concerned about like-businesses locating in front of their business.
W hen the C ity adopted the S idewalk Vending Ordinance to comply with S tate law on May 24, 2021, the City initially ref rained from enforcement in order to provide vendors an opportunity to obtain necessary health permits and assist them towards that goal in support of the State’s ef f orts to support vendors. B ased on the C ity Council’s direction on March 13, 2023, staff has been issuing notices of violation f ollowed by administrative citations to gain compliance from vendors who have not followed through with C ounty health permits and a C ity business license as evidenced by the numbers below:
2023 C ode E nforcement A c v ity for S idewalk Vending Ordinanc e C omplianc e N otices o f V iolation issued 17
A dm inistrative C itations 1
Education Flyers 22
Sale o f fo od, fo od products, ice cream 54
Sale o f go ods or m erchandise 15
C O NC L US I O N:
Staf f have taken, and continues to take, steps towards enf orcing the state, county, and B ell G ardens ordinances to protect the public health, saf ety, or welf are of Bell Gardens residents and businesses. S hould the C ity C ouncil consider continued enforcement activity in the manner presented, additional alternative methods may be considered that address concerns of pedestrian access, public rights-of-way encroachment, and/or trespass concerns, and provide local entrepreneurs with the path toward legal and safe operations as identified in this report.
153
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 154
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:Gustavo R omo, Community D evelopment Director
Veronica J aramillo, Housing S pecialist
S UB J E C T:UP D AT E O N C IT Y 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
O RD I NANC E
D AT E:April 24, 2023
RE C O M M E ND AT IO N:
I t is the recommended that the C ity C ouncil receive and file this report.
B AC K G RO UND/D IS C US S I O N:
T he City’s R ent Stabilization and Tenant Eviction Protections Ordinance No. 925 (“R S T E P O”) became effective on October 12, 2022, and is codified in the B ell Gardens Municipal C ode (“B G MC”) Chapter 5.62 (“Rent Stabilization”) and C hapter 5.63 (“Tenant Eviction Protections”). The R S T E P O established an annual rent increase cap at 50% of the C onsumer P rice I ndex (C P I ), or f our percent (4%), whichever is less (S ection 5.62.040.A ). I n addition, the R S T E P O established several protections f or tenants to prevent no-cause evictions, including anti-harassment protections and relocation assistance, as well as other provisions either not covered or partially covered by State law.
R ental units subject to rent stabilization include residential dwelling units in the jurisdictional boundaries of the City, unless exempt. Covered units include those in any multi-family property containing over three units that are not owner-occupied and units that were built prior to 1995. Mobile homes and mobile home spaces are subject to the ordinance as well.
I mplementation A ctivities
Since adoption of the R S T P O, C ommunity D evelopment staf f have assisted over ninety (90) residents at the counter and on the phone to help them understand their rights as it pertains to the new ordinance. A total of thirty (30) applications to contest rent increases have been submitted, and a total of thirty (30) applications for f air market rent increases have been submitted by landlords (three (3) coming f rom mobile home owners). S taff is working diligently to process the applications. An interim rent registry database has been established and a total of 175 rental units have registered and have been entered into the interim registry database.
Staf f held two educational public workshops in 2022 following the adoption of the ordinance to explain the ordinance and assist the public with tenant/landlord concerns. B eginning May 2023, staf f will be hosting standing hybrid (in- person and virtual) workshops twice per month in an effort to continue educating the public about the R S T E P O. I n addition, an informational flyer has been prepared and will be mailed to all property owners and tenants, and placed on the City’s social media outlets, C ity website, and upcoming summer brochure that the Department of Recreation and C ommunity S ervices publishes every quarter (Exhibit 2). 155
Staf f has also referred over 50 residents to the "S tayHousedL A" organization f or free legal eviction guidance and defense as covered under the C ity’s Permanent L ocal Housing Allocation funds that were received f rom the State.
As identif ied in the Council agenda report when the ordinance was introduced, a cost study must be conducted to fully implement all elements of the R S T E P O. S oon after the adoption of the ordinance, a Request f or P roposals f or the R S T P O cost study was circulated. S everal firms were interviewed. A prof essional services agreement f or consultant Revenue & Cost S pecialists was approved by the City Council at the April 10, 2023, meeting. Work will commence at the end of April, 2023. T he cost study should be ready to bring to Council bef ore the end of September, 2023.
C O NC L US I O N:
T he Housing Division will continue providing updates, support, resources, and information to tenants and property owners to ensure compliance with the R S T E P O . T he rental registry will continue to be developed to comply with the requirements of the ordinance, and the cost study will be presented f or review and action to the City Council by September, 2023.
F I S C AL I M PAC T:
No fiscal impact.
AT TAC HM E NT S :
D escription
Exhibit 1 - Ordinance No. 925
Exhibit 2 - Rent I ncrease Contest F orm
Exhibit 3 - Rental Registry F orm
Exhibit 4 - B elow F air Market I ncrease F orm
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 156
157Exhibit 1
158Exhibit 1
159Exhibit 1
160Exhibit 1
161Exhibit 1
162Exhibit 1
163Exhibit 1
164Exhibit 1
165Exhibit 1
166Exhibit 1
167Exhibit 1
168Exhibit 1
169Exhibit 1
170Exhibit 1
171Exhibit 1
172Exhibit 1
173Exhibit 1
174Exhibit 1
175Exhibit 1
176Exhibit 1
177Exhibit 1
178Exhibit 1
179Exhibit 1
180Exhibit 1
181Exhibit 1
182Exhibit 1
183Exhibit 1
184Exhibit 1
185Exhibit 1
186Exhibit 1
187Exhibit 1
188Exhibit 1
189Exhibit 1
190Exhibit 1
191Exhibit 1
192Exhibit 1
193Exhibit 1
194Exhibit 1
195Exhibit 1
196Exhibit 1
197Exhibit 1
198Exhibit 1
199Exhibit 1
200Exhibit 1
201Exhibit 1
202Exhibit 1
203Exhibit 1
204Exhibit 1
7100 Garfield Avenue, Bell Gardens, CA 90201
562-806-7700 | [email protected] | https://www.bellgardens.org/government/city-departments/community-development/faqs
CITY OF BELL GARDENS
Tenant Petition to Contest Increase Form
Tenant Name: _____________________________________________________ Tenant Email: _____________________________________________________ Tenant Phone No.: _____________________________________________________ Tenant Property Address: ___________________________________________________ Property Owner(s) Name: ___________________________________________________ Property Owner(s) Email: ___________________________________________________ Property Owner(s) Phone: ___________________________________________________ Does Owner live on the property? Yes No
If yes, percentage of ownership: _______
Move in Date: _______________ Term of rental (please circle): Lease | Monthly If lease, how long: _______________
What was your current rent: _________ What is the proposed new rent: __________ When did you receive written notice of rental increase: _____/_____/__________
MM DD YYYY
Please check any that you believe may apply:
Unlawful Rent and/or Fees or Charges Decrease in Housing Services Failure to Maintain Habitable Premises
Please explain the reason(s) you are filing this petition to dispute the rent increase (attach supportive documentation to substantiate your statements, such as copy of rental agreement, copies of rent increase notices or rent checks, etc.):
____________________________________________________________________________________ ____________________________________________________________________________________ I declare under penalty of perjury under the laws of the State of California that the information provided on this petition and any attachments are true and correct to the best of my knowledge and belief.
______________________________ ______________________________ ______________ Applicant Name Signature Date
205Exhibit 2
7100 Garfield Avenue, Bell Gardens, CA 90201
562-806-7700 | [email protected] | https://www.bellgardens.org/government/city-departments/community-development/faqs
OFFICE USE ONLY:
Date Received: __________ Petition No: __________ Reviewed by: _______
Notes: Date: _______
Final Determination:
Approved Denied
____________________________________________ ________________________ City Planner Signature Date
____________________________________________ ________________________ CDD Signature Date
206Exhibit 2
INTERIM ANNUAL RENT REGISTRY FORM
RENTAL UNITS SUBJECT TO RENT STABILIZATION ORDINANCE NO. 925 INSTRUCTIONS:
Property Information
10 Digit APN:
Property Details
Street Number Street Name
PROPERTY OWNER(s):
Contact Information
First Name Last Name
DBA, if applicable Percent of ownership / interest in registered property Street Number Street Name
City State Zip Code
Area Code & Phone Number
Email Address
Contact Information
First Name or Business Name Last Name
Percent of ownership / interest in registered property
Street Number Street Name
City State Zip Code
Area Code & Phone Number
Email Address
If more than two owners, please provide complete list on separate sheet.
TOTAL NUMBER OF RENTAL UNITS ON PROPERTY:
City of Bell Gardens: 7100 Garfield Avenue, Bell Gardens, CA 90201 Page 1 Please complete the form. If additional unit forms are needed, please make copies of Page 3 of this form. Do not write outside the text box, or outside the check box. 207Exhibit 3
Pursuant Bell Gardens Municipal Code 5.62.030 (Exemptions), this propery (or listed units) is exempt for the following reason(s) - please check box:
PROPERTY MANAGER:
Contact Information
First Name or Business Name Last Name
Street Number Street Name
City State Zip Code
Area Code & Phone Number
Email Address
City of Bell Gardens: 7100 Garfield Avenue, Bell Gardens, CA 90201 Page 2 Certificate of occupancy or equivalent permit for Residential occupancy issued after February 1, 1995
Alienable separate from the title to any other dwelling unit, including single family residences, condominiums and townhomes
Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low or moderate income, as defined in Health and Safety Code section 0093, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low or moderate income, as defined in Health and Safety Code section 50093 or comparable federal statutes, but excluding any dwelling unit for which a Landlord receives federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 line 9 (42 U.S.C. Sec. 1437f)
Owner-occupied residential real property containing no more than three (3) rental units in which the owner occupied one of the units as the owner’s principal place of residence since the beginning of the tenancy, so long as the owner continues in occupancy
Accommodations in hotels, motels, inns, tourist homes and boarding houses, and rooming houses, or other facilities, for which the City has received or is entitled to receive payment of transient occupancy tax pursuant to Chapter 3.24 of the Code (Transient ccupancy Tax) and California Civil Code section 1940 subdivision (b) Accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly (as defined in Health and Safety Code Section 159.2), or any other facility licensed by the State to provide medical care for residents
Exemptions are not automatic but shall be granted by the Department upon application by the Landlord as set forth in Section 5.62.090.
208Exhibit 3
RENTAL REGISTRY:
Name of Contract Holder(s)
Phone No. and Email of Primary Contract Holder
Unit Number Street Number Street Name Year Built
# of Bedrooms # of Bathrooms # of Tenants Move in Date (MM/YYYY) Date of Last Rent Increase (MM/YYYY):
Owner Occupied _____ Vacant _____ Occupied _____
Utilities Paid By Tenant ("x" those that apply):
Gas _____ Electricity _____ Water _____ Trash _____ Additional Housing Services included:
Insurance Repairs Laundry Facilities Recreational Area Window Shades Furnishings Internet/Cable/Satellite Storage Elevator Services Pets Allowed Security Services Parking Maintenance Painting Janitorial Services Right to have specified number of tenants or occupants
Other service(s) not listed:
Base Rent (April 11, 2022) or any date thereafter:
Name of Contract Holder(s)
Phone No. and Email of Primary Contract Holder
Unit Number Street Number Street Name Year Built
# of Bedrooms # of Bathrooms # of Tenants Move in Date (MM/YYYY) Date of Last Rent Increase (MM/YYYY):
Owner Occupied _____ Vacant _____ Occupied _____
Utilities Paid By Tenant ("x" those that apply):
Gas _____ Electricity _____ Water _____ Trash _____ Additional Housing Services included:
Insurance Repairs Laundry Facilities Recreational Area Window Shades Furnishings Internet/Cable/Satellite Storage Elevator Services Pets Allowed Security Services Parking Maintenance Painting Janitorial Services Right to have specified number of tenants or occupants
Other service(s) not listed:
Base Rent (April 11, 2022) or any date thereafter:
City of Bell Gardens: 7100 Garfield Avenue, Bell Gardens, CA 90201 Page 3209Exhibit 3
Name of Contract Holder(s)
Phone No. and Email of Primary Contract Holder
Unit Number Street Number Street Name Year Built
# of Bedrooms # of Bathrooms # of Tenants Move in Date (MM/YYYY) Date of Last Rent Increase (MM/YYYY):
Owner Occupied _____ Vacant _____ Occupied _____
Utilities Paid By Tenant ("x" those that apply):
Gas _____ Electricity _____ Water _____ Trash _____ Additional Housing Services included:
Insurance Repairs Laundry Facilities Recreational Area Window Shades Furnishings Internet/Cable/Satellite Storage Elevator Services Pets Allowed Security Services Parking Maintenance Painting Janitorial Services Right to have specified number of tenants or occupants
Other service(s) not listed:
Base Rent (April 11, 2022) or any date thereafter:
Signature Date
City of Bell Gardens: 7100 Garfield Avenue, Bell Gardens, CA 90201 Page 4 I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct.
210Exhibit 3
7100 Garfield Avenue, Bell Gardens, CA 90201
562-806-7700 | [email protected] | https://www.bellgardens.org/government/city-departments/community-development/faqs RESOURCE: https://www.huduser.gov/portal/datasets/fmr/smallarea/index.html#2023
CITY OF BELL GARDENS
Below Fair Market Increase Request Form
Owner and Property Information
Owner(s) Name: _____________________________________________________ Applicant/ Agent: _____________________________________________________ Owner(s) Address: _____________________________________________________ Owner(s) Email: _____________________________________________________ Owner(s) Phone: _____________________________________________________ Assessor's Parcel Number: __________________________________________________ Does Owner live on the property? Yes No
If yes, percentage of ownership: ______
Property Address(es): _____________________________________________________ Total Number of Units: __________
Unit
Number /
Address
# of
Bedrooms
Current
Rent
Date of Last
Increase
80% of FMR
(Office Only)
Allowable
4% Increase
(Office Only)
Fair Market
Increase
(Office Only)
Allowable
Rent
(Office Only)
I declare that each rental unit included in this petition has been properly enrolled and registered with the City of Bell Gardens, I am in compliance with the City of Bell Garden’s rent ordinances and regulations, I have paid all rent program fees and business license tax for this rental unit (if applicable), and the unit complies with applicable state and city health, safety, building, and housing codes. I declare under penalty of perjury under the laws of the State of California that the information provided on this petition and any attachments are true and correct to the best of my knowledge and belief. ______________________________ ______________________________ ______________ Print Owner Name Signature Date
211Exhibit 4
7100 Garfield Avenue, Bell Gardens, CA 90201
562-806-7700 | [email protected] | https://www.bellgardens.org/government/city-departments/community-development/faqs RESOURCE: https://www.huduser.gov/portal/datasets/fmr/smallarea/index.html#2023
OFFICE USE ONLY:
Date Received: __________ Petition No: _________
Fair Market Rate
(based on https://www.huduser.gov/portal/datasets/fmr/smallarea/index.html#2023o – Department of Housing and Urban Development PD&R, Small Area Fair Market Rent as of October 1, 2022)
Efficiency One-Bedroom Two-Bedroom Three-Bedroom Four-Bedroom $1,300 $1,480 $1,880 $2,440 $2,680
____________________________________________ ________________________ Reviewed by Date
Approved Denied
____________________________________________ ________________________ City Planner Signature Date
____________________________________________ ________________________ CDD Signature Date
212Exhibit 4
City’s Water System Water Quality
Improvement Engineering Study
Presentation and Recommendation
Planning Commission | March 16, 2011City Council | April 24, 2023 Item No. 8
BACKGROUND
In September 2020, the State Water Resources Control Board- Division of Drinking Water required the City to obtain quarterly samples of Per- and polyfluoroalkyl substances (PFAS)
PFAS were introduced in the 1940’s in firefighting foams, stain resistance, non-stick coatings in a wide variety of consumer goods from carpets, furniture and cookware
On September 10, 2021 the City turned off Well #1 water due to the exceedance and began to purchase Metropolitan Water District (MWD) water to supply water to the City water customers On September 25, 2021 the City Council approved the water system evaluation to be conducted by the City’s engineering firm to identify options for feasibility and cost/benefit to help the City develop a plan that ensures the long-term viability of the City’s water system City Council | April 24, 2023
BACKGROUND
Work was initiated in January 2020 to video inspect and profile the water column
As the micro camera was lowered into the well, the camera became stuck and could not be retrieved due to the lack of clearance between the well casing and pump assembly
Based on the Study’s findings, we concluded that
PFAS/Perfluorooctanoic acid (PFOA) and others in this family are in the Well #1 water column
The primary objective of the Water Quality Improvement Engineering Study was to evaluate available options to improve the water quality of Well #1
City Council | April 24, 2023
Study Items to Evaluate
Best available technology to treatment of PFAS/PFOA substances in Well #1 water
Blending of Well #1 water with MWD water to maintain PFAS compounds below 80% of State Response levels
Use of MWD water during the design and construction of PFAS Treatment system
Use of Well #1 water without PFAS treatment during design and construction of PFAS Treatment system
Use MWD Water before and after construction of reservoir and booster without PFAS treatment system installed
Costs to construct the PFAS treatment systems and water blending options
City Council | April 24, 2023
Study Items to Evaluate
Costs of operation and maintenance of each PFAS treatment system Inactive Well 3F on Gage Avenue
Adjacent Agencies water systems to acquire surrounding water quality
Well #1 site constraints and areas for future expansion Water rates adjustment necessary to cover the anticipated costs of each option
City Council | April 24. 2023
Options to Consider
No. 1 - Use MWD Water During Design and Construction of Ion Exchange (IE) PFAS Treatment System Option
Capital Costs $6,521,000
M/O Costs $1,289,503
Water Costs $1,436 / Acre Foot
Recommended, Payoff in 14 years
No. 2 - Use of MWD Water During Design and Construction of Granular Activated Caron Treatment System Option
Capital Costs $8,678,000
M/O Costs $1,285,837
Water Costs $1,562 / Acre Foot
Not Recommended, Payoff in 15 years
City Council | April 24, 2023
Options to Consider
No. 3 - Use of Well #1 Water Without PFAS Treatment Option Capital Costs $0
M/O Costs $1,835,430
Water Costs $411 / Acre Foot
Not recommended, payoff in 9 years
No. 4 - Use of MWD Water Without PFAS Treatment Option Capital Costs $0
M/O Costs $589,878
Water Costs $1,422 / Acre Foot
Not recommended as there is no second source of water as the Well #1 is turned off
City Council | April 24, 2023
Options to Consider
No. 5 – Blending of Well #1 Water with MWD Water Option Capital Costs $5,145,000
M/O Costs $2,136,089
Water Costs $2,041 / Acre Foot
Not Cost Effective, after 15 years, accumulated short fall in excess of $8 million
No. 6 - Use of Golden State Water Company Option
Other water agencies were contacted and none were interested in the purchase of the City’s water system due to PFAS
No. 7 – Use of Well 3F Option
Due to poor water quality in the well, destruction of the well is recommended, cost is $158,300 and can be incorporated into the Annual Water CIP
City Council | April 24, 2023
Conclusion of Study
The Ion Exchange PFAS Treatment is the most viable
option to consider.
Time frame to complete the treatment project
consists of the following:
1.6 months of design and coordination/approval from State Water Resources Control Board;
2.12-18 months for construction; and
3.3 months post construction of sample testing/analysis and approval from State Water Resources Control Board.
If the City began the design in July 2023, it is estimated that Well #1 and the treatment plant will be operational by December 2026 City Council | April 24, 2023
Rate Study Impacts
Rate Study adopted in 2020 and end of FY 25-26
FY 24-25 20% increase in Consumption and 25% meter rate FY 25-26 20% increase in Consumption and 25% meter rate Proposed Rates for FY 26-27 through FY
FY 26-27 10% Increase in Consumption and 15% meter rate FY 27-28 10% Increase in Consumption and 15% meter rate FY 28-29 10% Increase in Consumption and 15% meter rate The City will need to continue updating a Prop 218 study every five years with above noted rate increases to continue to capture the costs of the water system operations, maintenance and capital improvements.
City Council | April 24, 2023
Recommendations
Receive and file the report regarding the City Water Quality Improvement Engineering Study containing evaluated options to restore the well to operation and explore alternative
groundwater sources.
Authorize staff to issue a Request for Services (RFS) to Infrastructure Engineers to complete the design of the Ion Exchange Treatment plans, upon the State Water Board
approving the City’s requested grant amendment or City
appropriating necessary funding.
Authorize staff to issue a RFS to Infrastructure Engineers to initiate the Prop 218 rate study for a new water rate adjustment in FY 24-25, upon the State Water Board approving the City’s requested grant amendment or City appropriating necessary funding.
City Council | April 24, 2023
April 24, 2023
Item No. 9
1 On September 9, 2019 City Council adopted Ordinance No. 897 to allow for the issuance of parking permits for parking in front of private driveways.
2 3
Driveway Parking Permits are address and location specific. They may be transferred between vehicles registered to the same address; A Driveway Parking Permit will only be issued for single family homes and is exclusive to that household;
Driveway Parking Permits are issued by Department of Public Works on calendar year basis and are renewed annually.
For Bell Gardens, this means a potential to free up 1,000 parking spaces in the City.
On September 28, 2020, the T Marking Policy and Petition was adopted by City Council.
T markings provide and encourages more orderly and efficient use of parking spaces.
They tend to prevent encroachment into fire hydrant zones, bus stops, loading zones, approaches to intersections, curb ramps. 4 5
T Markings are only for on-street parking in residential areas. 50% +1 of the residents on the block must be in favor of installing T Markings.
Each parking space shall have a distance of 18' long.
The area for two on-street parking spaces shall be a minimum of 36' in length.
18’ feet
6 On June 14, 2021, City Council adopted
Ordinance No. 913 establishing a Residential
Parking Permit District Program.
7 Three quarters of the proposed district need to be single-family residential and 25% of the vehicle parking spaces must be registered to non-residents of the proposed district.
Multifamily properties consisting of 5 units or more (apartment complexes) shall be excluded from the parking district.
8 The Parking Permit District can only be
established in residential streets.
A district is defined as whole blocks, the entire portion of a street block from intersection to intersection and would include both sides of the street.
The process for establishing the district is by submitting a petition with the support of 70% of the dwelling units within the proposed district.
It requires the review of the Traffic Engineer and the Police Department input and ultimately City Council approval by Resolution.
9 Once established the Public Works Department can issue permits. •One permit is issued to each single family dwelling and one temporary guest parking permit. An additional parking permit can be issued in hardship cases, but no guest or visitors parking permit can be issued. •Parking permits must be issued to at least fifty percent (50%) of the residential units in the district before signage and enforcement can begin.
10 In November 2020, City Council adopted Ordinance 911 to allow the reduction of local fire hydrants red curbing from 15 feet at each direction to 10 feet. Adopting this Ordinance allows the City to consider the reduction on a case by case basis, where the reduction of such could provide at least (1) on street parking space.
Currently, staff is performing a colored curb audit. Staff will be revisiting yellow, white and blue curbs, where feasible and no longer needed, the colored curb can be removed and made available for regular on street parking.
Staff will also work on outreach to inform the community that these programs and policies are available.
Sidewalk Vendor
Ordinance Enforcement Update
City Council | April 24, 2023
Background
Senate Bill No. 946 was approved on
September 17, 2018, and became
effective on January 1, 2019.
SB 946 decriminalized sidewalk vending,
allowing limited regulation.
Ordinances No. 914 and 932 “directly
relate to objective health, safety, or
welfare concerns”
City Council | April 24, 2023
City Council | April 24, 2023
Purpose
To regulate the sale of sidewalk vendor
products such as hot foods, ice cream,
and general merchandise from a
pushcart or stand in the public sidewalk.
To provide regulations protecting the
public health, safety, or welfare of the
public and vendors.
City Council | April 24, 2023
Examples of Enforcement Activity
Los Angeles County Department of Public
Health.
Bell Gardens Business License.
Notices of violation and administrative
citations
City Council | April 24, 2023
Sidewalk Vendors Types
- Tricycle Carts, Push Carts, Floor Displays, Containers, etc.
2023 CODE ENFORCEMENT ACTIVITY
Sidewalk Vending Ordinance Compliance
Notices of Violation 17
Administrative Citations 1
Education Flyers 22
Sale of food, food products, ice cream 54
Sale of goods or merchandise 15
Flyer
City Council | April 24, 2023
City Council | April 24, 2023
Permits and Fees
County of Los Angeles Health
permit (for food vendors)
$393 to $772 and $746 OR $167/hr.
Bell Gardens approximate license
fees (annual renewal)
$72 and $154 + $10/worker
City Council | April 24, 2023
Receive and file.
Provide direction.
Recommendation
City Council | April 24, 2023
Questions & Answers
UPDATE ON THE CITY’S
RENT STABILIZATION AND
TENANT EVICTION
PROTECTIONS ORDINANCE
City of Bell Gardens |April 24,2023
Item No. 11
RENT STABILIZATION AND TENANT
EVICTION PROTECTIONS
(“RSTEP”) ORDINANCE NO. 925
On October 12, 2022, Ordinance No. 925 became
effective, creating two chapters within BGMC Title
5, Chapter 5.62 Rent Stabilization and Chapter
5.63 Tenant Eviction Protections.
Limits residential rent increases by no more than
4% per year, or 50% of Consumer Price Index
(CPI), which ever is less.
Provides no-cause eviction protections with
voluntary agreements and re-location costs.
Includes Mobile Home Parks that are rented or
leased for Mobile Home occupancy, including
space rent.
SERVICES
PROVIDED
Since the ordinance inception, the following
requests have been submitted and processed:
30 applications contesting rent increases
30 applications for fair market rent increases
175 rental unit registrations
Consultations with over 90 residents requesting
information to understand their rights
Over 50 referrals to StayHousedLA for free legal
eviction defense
Two public workshops to educate tenants and
landlords on the ordinance
Standing workshops will begin in May 2023 to provide
further education and guidance
STAFFING &
COST STUDY
Shortly after Ordinance adoption, staff created,
recruited and hired a new full-time Housing
Specialist position and part-time office assistant.
On April 10, 2023, the City Council approved a
professional services agreement with RCS
Consulting to prepare the required cost study,
which will be ready to be presented to Council for
action before the end of the year.
STANDING WORKSHOPS
Staff to host standing hybrid virtual/in-person
workshops for tenants and property owners
2x/month.
When:Third Tuesday and Wednesday of
each month. Begins on May 16, 2023, for
Property Owners and on May 17, 2023, for
Tenants, from 4:00 PM to 5:00 PM
Location:City Hall EOC room -2nd floor
7100 Garfield Ave, Bell Gardens, CA
CITY OF BELL GARDENS:RENT STABILIZATION AND TENANT EVICTION PROTECTIONS ORDINANCE NO.925 UPDATE THE CITY OF BELL GARDENS CITY COUNCIL ADOPTED TWO NEW ORDINANCES ON OCTOBER 12, 2022TO HELP PROTECT RENTERS.
RENT STABILIZATION AND TENANT EVICTION PROTECTIONS
LIMITS RESIDENTIAL RENT INCREASES TO NO MORE THAN 4% PER YEAR, OR 50% OF CONSUMER PRICE INDEX (CPI), WHICHEVER IS LESS.
MOBILE HOME PARKS AND SPACES ARE INCLUDED IN THE ORDINANCE AND ARE NOT EXEMPT.
LIMITS THE ALLOWED REASONS FOR WHICH A RENTER CAN BE EVICTED.
STANDING ORDINANCE WORKSHOPS:HELD ON THE 3RD TUESDAY AND WEDNESDAY OF EVERY MONTH FROM 4:00 PM TO 5:00 PM. HOSTED VIA ZOOM AND IN
PERSON,
MAY 16, 2023, FOR PROPERTY OWNERS.
MAY 17, 2023, 04:00 PM FOR TENANTS
ZOOM ID: WEBINAR ID: 833 4595 8141
HTTPS://US02WEB.ZOOM.US/J/83345958141
LEARN ALL ABOUT THE CITY’S NEW RENTER PROTECTIONS:
SCAN TO VISIT [INSERT QR CODE]
CITY’S WEBSITE:
HTTPS://WWW.BELLGARDENS.ORG/GOVERNMENT/CITY-DEPARTMENTS/COMMUNITY-DEVELOPMENT/FAQS ENGLISH • ESPAÑOL
MORE QUESTIONS, CONTACT US:
EMAIL US: [email protected]
GIVE US A CALL: (562) 806-7724
Pending Flyer: Staff is currently working on
informational flyer containing the following
information:
LEARN ALL ABOUT THE CITY’S
NEW RENTER PROTECTIONS:
City’s Website: BellGardens.org/government/city-departments/community-development/FAQs ENGLISH • ESPAÑOLContact Us:
Email: [email protected] OR Call: (562) 806-7731
UPDATE ON THE CITY’S
RENT STABILIZATION AND
TENANT EVICTION
PROTECTIONS ORDINANCE
City of Bell Gardens |April 24,2023
athensservices.com1
BELL GARDENS
Amanda Mejia
Government Affairs Director
April 24 , 2023
02 Table Of Contents
2 . Our Team
1. About Athens Services
4 . Year in Review - 2023
5 . Coming Up
athensservices.com
6 . Contact Us
3 . SB 1383 Update
03 Our Team
athensservices.com
Amanda Mejia
Director of Government
Affairs
Rodolfo Baca -Lopez
Bell Gardens Route
Supervisor
About Athens Services
04 Athens Services is a local, family-owned waste collection and recycling company that has been a fixture in the greater Los Angeles community for the past 60 years. We provide innovative, consistent, and quality environmental services to our more than 250,000 customers in the 50+ communities we serve. Through reuse, recycling, and composting, Athens diverts valuable resources from landfills.
athensservices.com
Recycling
Organics Diversion
Solid Waste Collection
C&D Recovery
Special Waste
Street Sweeping
Porter Services
SB 1383 Update: Lid Flippers
05 Due to SB 1383, municipalities are required to monitor and audit the separation of organic waste from trash.
The Lid Flippers are designed to help identify and
reduce contamination, by allowing drivers to sit on the right-hand side of the vehicle to flip lids and check for contamination.
With the addition of the Lip Flipper vehicles, Athens
will not only help communities reduce contamination
but also meet new recycling laws from the state.
Visit AthensServices.com/SB1383 to learn more!
athensservices.com
1. Driver sits on the right -
hand of the vehicle
2. Flips the lid of
the container
3. Checks for
contamination
06 athensservices.com
Environmental Impact
•Diverted 7,686 Tons of Solid Waste
•Collected 5.6 Tons of Christmas Trees
•Distributed 20 Tons of Compost
•Curbside Clean-up 126.09 tons
Social Impact
•Small Business Community
•Youth Programming
•Sports Programming
•Community Events
Athens Services in Bell Gardens
Year in Review - 20 22
Coming Up
07 ⚬Annual Curbside Cleanup
■Saturday, May 20th, 2023
•Place items at the curb by 6:00 am on the
scheduled event date⚬Compost and Mulch Giveaway
■Saturday, June 17th, 2023
•Ford Park - 8000 Park Lane, Bell Gardens
•8:00 am - 11:00 am
•Self-Service Event
•Bring Shovels and Sturdy Containers
•ID or Bill Required
•Drive -Up Only (No Walk-Ins)
•No Container Larger than 32 Gallons athensservices.com
08 Contact Us
Customer Service
(888) 336-6100
athensservices.com
Social Media
@athensservices
09 THANK
YOU.
athensservices.com