Local Project Sponsor Agency Designation
Sponsored Project: Project 15: Advanced Meter Infrastructure (CII) Sponsor Agency: Valley County Water District
Agency Address: 5121 Lante St, Baldwin Park, CA 91706
Project Location: Baldwin Park, California (34.10583333, -117.94638889) v,�u rr"niu'rMw'��v � � � (^�7fY7� - nv wrr iu I�ffA %/f(1/fllr Lens IAAVFI
6 mrx N,
YI
,, u§
FY5T 5T..
4i1",^ ue�il(fs��P/4'" n w� n
%d ➢lJ/"Jn[C �;.
P'
a v�
n ry
_�.'�im urn„vb�� a
N
bE
JON
v` Ir.rvkruM1 ����1�
''P''a.cR ��. -,x, mn rvve N�G4M INYMY ' � - MF�FI CIW M6Wtl 'GU ar Pi IR¢MI MIWY_: : EJYRR„NN IIVlY AjY G
g"O
�� ' L tl.RES Si F' k16
Y J .a 'd �tl 91E9 k3T �� N 8:'YIF'RSE& 9T f V/
f U
V w ' t J. I, _ ENxIA
rt
R m
F MR WW,RMFRDlNo Roff..-.
4p FBONAN VIh1fY FE
MNW
7 r ,s, P ✓
0Ell
old 5 M -ff
anmiLur�sT Fl anror e,.
o °_ re mr wPra � gm � <. r w _ Y W �,ry„ /e E� ����rlv
.. 18 xY+Ary rn K^ad'W f TE AV/ .i/ "' "1.91 c o`WM PUEPNII�PV€ IIIFPI EMM_:;; ;;WIP.IB:M1L FAWR YR. JP3'. ( — I�1�
I
�K a �. w tKApC 6 a ,� _ iw .Mre ,r fdowf nrveo Fi.
Exhibit 2 340
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 Grant Agreement No. 4600015405
Local Project Sponsor Agency Designation
Sponsored Project: Project 16: Los Angeles County Rubber Dams Project Sponsor Agency: Los Angeles County Flood Control District Agency Address: 900 S Fremont Avenue, Alhambra, CA 91803 Project Location:Azusa, California (34.10972222, -117.89222222) F� s tlJ ,n 'N 6907NI,LL 54,NFf x .Llf.)CITMILL—'Ll g / RfJf}iiIIL11 BLVD f W F007HIILL BLVD IL I UU711 d Mvu V
E fl,S Imu F
r,
r r
IT IT
vn,L nd srnnvff� —IL EROUM W, FA,IJAME �srar I
J
U
1,4 NT ITve1ST Sii��X
FLw-., "�'p�'C'4r't71 'Y1/� 'PX e.I (awwg�'iy��',F�o�" [4 u c F 5
n we „5 r EeLarnT Ne sT � vs LP:osT wezT 1,1 Sue tl ,nB,�rl ue tiv.t
yv
011
EII l G r M
IV. AFkQYW rvIWV WAFT F'.4PN NiWY r -EAR HWIV
a
,r P w o1 ,_
z I
,T mre �� w rurii
z a
n '
0 Al,
FIS
L x�s��s mr ,�,...� wa R�4e�'T RE..9 ,,,"„ rih ECwPe,EsF 17 `
.y CFlr xlu4, w ` Ioar 1 Eh llrSt EE '. u�
I
FSANEt NAruvmaONUI, T,
wr AN Lvf ruw�.wul++a�U r u i y.. cl .r„ w.,n G + J L ,�eevoun oteut ' itl r 4M 99 ,,eHr er v Aiyr II i 10 W.:
_ rt,a
Al PWEMlE AVER ' �fI�11PPLIEMA£0.,AE� -;� .`.WM.6UDbl'I'4 NMff a i WWI MTF STEPJErvtE:IT— �.�..
RU
Exhibit 2 341
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 Grant Agreement No. 4600015405
Local Project Sponsor Agency Designation
Sponsored Project: Project 17: Plymouth Neighborhood Stormwater Capture Project Sponsor Agency: Amigos de los Rios
Agency Address: 908 E Altadena Dr, Altadena, CA 91001
Project Location:Monrovia, California (34.11583333, -118.00694444) wF
f F hVVIM 9CN TQM{It %� W MVWSIM4 i4 N® EH IrvliNGlf3M:VR G 21i
� r
A 1� St
Fcr2rt+LaRMu,,lv�'.✓'�d%/L/'17�b1%�f/�/+'JF�112,rurrur wJ"d,.GTr"J/,C10.fir"✓WSrgl ��� � A cn l
k AYE Rm
rrrw nroa ,.} � /
t
v�
nMP C
n v
a
w�
0 lea% ,
I1 nnNa` ,..v h' � ,nut ry F v MMYiq'N md ' tali. w
�7111 �
ll�lfl���ll�l�������
�11l1�'I
/ E �1
reoaFaNw Ot,
ry
�y i
I
xr„g
F�
4 hu Nu,tS Y � I $� � � ��
S
ELE
f c mw✓ 7 ..
� 5R
t
Exhibit 2 342
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 Grant Agreement No. 4600015405
EXHIBIT J
APPRAISAL SPECIFICATIONS
For implementation projects that include Land Acquisition Only:
For property acquisitions funded by this Grant Agreement, the Grantee shall submit an appraisal for review and approval by the Department of General Services or DWR's Real Estate Branch prior to reimbursement or depositing State funds into an escrow account. This information should be submitted at least 90 days prior to a reimbursement request to account for review time. All appraisal reports, regardless of report format, shall include all applicable Appraisal Specifications below. Appraisals for a total compensation of$150,000 or more shall be reported as a Self-Contained Appraisal Report. Appraisals for a total compensation of less than $150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive at the appraiser's conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be a narrative analysis regardless of the reporting format.
1. Title page with sufficient identification of appraisal assignment.
2. Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of value and date of report.
3. Table of contents.
4. Assumptions and Limiting Conditions, Extraordinary Assumptions, and Hypothetical Conditions as needed.
5. Description of the scope of work, including the extent of data collection and limitations, if any, in obtaining relevant data.
6. Definition of Fair Market Value, as defined by California Code of Civil Procedure, § 1263.320.
7. Photographs of subject property and comparable data, including significant physical features and the interior of structural improvements, if applicable.
8. Copies of Tax Assessor's plat map with the subject marked along with all contiguous assessor's parcels that depict the ownership.
9. A legal description of the subject property, if available.
10. For large, remote or inaccessible parcels, provide aerial photographs or topographical maps depicting the subject boundaries.
11. Three (3) year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value.
12. Discussion of any current Agreement of Sale, option, or listing of subject property. This issue required increased diligence since state agencies often utilize non-profit organizations to quickly acquire sensitive habitat parcels using Option Agreements. However, due to confidentiality clauses, the terms of the Option are often not disclosed to the State. If the appraiser discovers evidence of an Option or the possible existence of an Option, and the terms cannot be disclosed due to a confidentiality clause, then the appraiser is to cease work and contact the client.
13. Regional, area, and neighborhood analyses. This information may be presented in a summary format.
14. Market conditions and trends including identification of the relevant market area, a discussion of supply and demand within the relevant market area, and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. This information may be presented in a summary format.
Exhibit 2 343
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 Grant Agreement No. 4600015405
15. Discussion of subject land/site characteristics (size, topography, current use, elevations, zoning and land use issues, development entitlements, General Plan designation, utilities, offsite improvements, access, land features such as levees and creeks, offsite improvements, easements and encumbrances, covenants, conditions and restrictions, flood and earthquake information, toxic hazards, water rights, mineral rights, toxic hazards, taxes and assessments, etc.).
16. Description of subject improvements including all structures, square footage, physical age, type of construction, quality of construction, condition of improvements and/or identification of any permanent plantings. Discussion of construction cost methodology, costs included and excluded, accrued depreciation from all causes, remaining economic life, items of deferred maintenance and cost to cure, and incurable items. Construction cost data shall include cost data source, date of estimate or date of publication of cost manual, section and page reference of cost manual, copies of cost estimate if provided from another source, replacement or reproduction cost method used, and supporting calculations including worksheets or spreadsheets.
17. Subject property leasing and operating cost history, including all items of income and expense.
18. Analysis and conclusion of the larger parcel for partial taking appraisals. For partial taking appraisals, Appraisal Specifications generally apply to the larger parcel rather than an ownership where the larger parcel is not the entire ownership.
19. Include a copy of a recent preliminary title report (within the past year) as an appraisal exhibit.
Discuss the title exceptions and analyze the effect of title exceptions on fair market value.
20. For appraisals of partial takings or easements, a detailed description of the taking or easement area including surface features and topography, easements, encumbrances or improvements including levees within the subject partial take or easement, and whether the take area is characteristic of the larger parcel. Any characteristics of the taking area, including existing pre-project levees that render the take area different from the larger parcel shall be addressed in the valuation.
21. Opinion of highest and best use for the subject property, based on an in-depth analysis supporting the concluded use which includes the detail required by the complexity of the analysis. Such support typically requires a discussion of the four criteria of tests utilized to determine the highest and best use of a property. If alternative feasible uses exist, explain and support market, development, cash flow, and risk factors leading to an ultimate highest and best use decision.
22. All approaches to market value applicable to the property type and in the subject market. Explain and support the exclusion of any usual approaches to value.
23. Map(s) showing all comparable properties in relation to the subject property.
24. Photographs and plat maps of comparable properties.
25. In-depth discussion of comparable properties, similarities and differences compared to the subject property, adjustments to the comparable data, and discussion of the reliability and credibility of the data as it relates to the indicated subject property value. Improved comparable sales which are used to compare to vacant land subject properties shall include an allocation between land and improvements, using methodology similar to methodology used in item 16 above to estimate improvement value when possible, with an explanation of the methodology used.
26. Comparable data sheets.
a. For sales, include information on grantor/Grantee, sale/recordation dates, listed or asking price as of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source.
Exhibit 2 344
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 Grant Agreement No. 4600015405
b. For listings, also include marketing time from list date to effective date of the appraisal, original list price, changes in list price, broker feedback, if available. c. For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source. When comparing improved sales to a vacant land subject, the contributory value of the improvements shall be segregated from the land value.
27. For appraisals of easements, a before and after analysis of the burden of the easement on the fee, with attention to how the easement affects highest and best use in the after condition. An Easement Valuation Matrix or generalized easement valuation references may be used ONLY as a reference for a secondary basis of value.
28. For partial taking and easement appraisals, valuation of the remainder in the after condition and analysis and identification of any change in highest and best use or other characteristics in the after condition, to establish severance damages to the remainder in the after condition, and a discussion of special and general benefits, and cost to cure damages or construction contract work.
29. There are occasions where properties involve water rights, minerals, or salable timber that require separate valuations. If an appraisal assignment includes water rights, minerals, or merchantable timber that requires separate valuation, the valuation of the water rights, minerals, or merchantable timber shall be completed by a credentialed subject matter specialist.
30. For partial taking and easement appraisals, presentation of the valuation in California partial taking acquisition required format.
31. Implied dedication statement.
32. Reconciliation and final value estimate. Include analysis and comparison of the comparable sales to the subject and explain and support conclusions reached.
33. Discussion of any departures taken in the development of the appraisal.
34. Signed Certification consistent with the language found in Uniform Standards of Professional Appraisal Practice.
35. If applicable, in addition to the above, appraisals of telecommunication sites shall also provide:
a. A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. b. An analysis of other leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, back-up power, vault and site improvements description and location on site, other utilities; access, and road maintenance costs.
Exhibit 2 345
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 Grant Agreement No. 4600015405
EXHIBIT K
INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
For implementation projects that include Land Acquisition Only:
The Grantee shall provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents shall be submitted within the term of this Grant Agreement and after a qualified appraisal has been approved. • Name and Address of Title Company Handling the Escrow • Escrow Number
• Name of Escrow Officer
• Escrow Officer's Phone Number
• Dollar Amount Needed to Close Escrow
• Legal Description of Property Being Acquired
• Assessor's Parcel Number(s) of Property Being Acquired • Copy of Title Insurance Report
• Entity Taking Title as Named Insured on Title Insurance Policy • Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes • Copy of Final Escrow Instructions
• Verification that all Encumbrances (i.e., Liens, Back Taxes, and Similar Obligations) have been Cleared Prior to Recording the Deed to Transfer Title
• Copy of Deed for Review Purposes Prior to Recording • Copy of Deed as Recorded in County Recorder's Office • Copy of Escrow Closure Notice
Exhibit 2 346
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 Grant Agreement No. 4600015405
EXHIBIT L
PROJECT MONITORING PLAN GUIDANCE
Introduction
For each project contained in Exhibit A, please include a brief description of the project (maximum -150 words) including project location, implementation elements, need for the project (what problem will the project address) and responds to the requirements listed below.
Project Monitoring Plan Requirements
The Project Monitoring Plan shall contain responses to the following questions:
What are the anticipated project physical benefits?
What are the corresponding numeric targets for each project benefit? How will proposed numeric targets be measured?
What are baseline conditions?
When will the targets be met (e.g., upon project completion, five years after completion)? How often will monitoring be undertaken (e.g., monthly, yearly).
Where are monitoring point locations (e.g., meter located at..., at stream mile...)? Include relevant maps.
How will the project be maintained (e.g., irrigation, pest management, weed abatement)? What will be the frequency and duration of maintenance proposed activities? Are there any special environmental considerations (e.g., resource agency requirements, permit requirements, CEQA/NEPA mitigation measures)?
Who is responsible for collecting the samples (i.e., who is conducting monitoring and/or maintenance)?
How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, public meetings)?
What adaptive management strategies will be employed if problems are encountered during routine monitoring or maintenance?
What is the anticipated life of the project?
Exhibit 2 347
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 Grant Agreement No. 4600015405
EXHIBIT M
INVOICE GUIDANCE FOR ADMINISTRATIVE AND OVERHEAD CHARGES The funds provided pursuant to this Agreement may only be used for costs that are directly related to the funded Project. The following provides a list of typical requirements for invoicing, specifically providing guidance on the appropriate methods for invoicing administrative and direct overhead charges.
Administration Charges
Indirect and General Overhead (i.e., indirect overhead) charges are not an allowable expense for reimbursement. However, administrative expenses that are apportioned directly to the project are eligible for reimbursement. Cost such as rent, office supplies, fringe benefits, etc. can be "Direct Costs" and are eligible expenses as long as:
• There is a consistent, articulated method for how the costs are allocated that is submitted and approved by the Grant Manager. The allocation method must be fully documented for auditors. • A "fully-burdened labor rate" can be used to capture allowable administrative costs. • The administrative/overhead costs can never include:
o Non-project specific personnel and accounting services performed within the Grantee or an LPS' organization
o Markup
o Tuition
o Conference fees
o Building and equipment depreciation or use allowances • Using a general overhead percentage is never allowed Labor Rates
The Grantee must provide DWR with supporting documentation for personnel hours (see personnel billing rates letter in example invoice packet). The personnel rate letter should be submitted to the DWR Grant Manager prior to submittal of the first invoice. The supporting documentation must include, at a minimum, employee classifications that will reimbursed by grant funds and the corresponding hourly rate range. These rates should be "burdened"; the burdened rate must be consistent with the Grantee's/Local Project Sponsors standardized allocation methodology. The supporting documentation should also provide an explanation of what costs make up the burdened rate and how those costs were determined. This information will be used to compare against personnel hours summary table invoice back up documentation. Periodic updates may be needed during the life of the grant which would be handled through a revised billing rate letter.
Exhibit 2 348
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 �,�of Los qti S
u°off **cF�F
� r �
DEPARTMENT OF PUBLIC WORKS
k "To Enrich Lives Through Effective and Caring Service" �°gttFORN�P�
900 SOUTH FREMONT AVENUE
ALHAMBRA,CALIFORNIA 91803-1331
MARK PESTRELLA,Director Telephone:(626)458-5100 http://dpw.lacounty.gov ADDRESS ALL CORRESPONDENCE TO:
P.O.BOX 1460
May 22, 2019 ALHAMBRA,CALIFORNIA 91802-1460
IN REPLY PLEASE
REFER TO FILE: A-0
Mr. Arthur Hinojosa, Chief
California Department of Water Resources
Division of Integrated Regional Water Management
P.O. Sox 942836
Sacramento, CA 95814
Dear Mr. Hinojosa:
INTEGRATED REGIONAL WATER MANAGEMENT GRANT PROGRAMS
LETTER OF DESIGNATION
As the Director of Public Works, I serve as the Chief Engineer for the Los Angeles County Flood Control District and Director of Public Works overseeing the Los Angeles County Waterworks Districts. I am authorized by the Board of Supervisors to assign a designee to negotiate, execute, and amend the grant agreements and all necessary grant documents from the California Department of Water Resources Integrated Regional Water Management Grant Programs. This authorization is hereby granted to the individuals holding the following titles:
® Deputy Director
® Assistant Deputy Director
® Principal Engineer
® Senior Civil Engineer (Invoices only)
All notices related to the Los Angeles County Flood Control District should be directed to Mr. Matthew Frary of Stormwater Planning Division, at (626) 458-6503 or [email protected]_v. Any items related to the Los Angeles County Waterworks District should be directed to Mr. Adam Ariki of Waterworks Division, at (626) 300-3300 or aariki(d)-mlacounty.gov.
Very truly yours
MARK PESTRELLA
Director of Public Works
DJL:abc
D:IAPRIUMemos\Letter of Designation Grants.docx
Exhibit 2 349
DocuSign
Certificate Of Completion
Envelope Id: E79AF50EFD4847449BF82896DD200960 Status: Completed Subject: Complete with DocuSign:4600015405 Agreement.pdf,2019_05_22 Letter of Designated PW Authority...
FormID:
Optional 1:
Source Envelope:
Document Pages: 120 Signatures: 3 Envelope Originator:
Certificate Pages:6 Initials:2 Graber,Lana
AutoNav: Enabled 715 P Street
Enveloped Stamping: Enabled Sacramento,CA 95814 Time Zone: (UTC-08:00)Pacific Time(US&Canada) [email protected] IP Address: 136.200.53.19
Record Tracking
Status: Original Holder: Graber, Lana Location: DocuSign 2023/11/21 1 14:01 [email protected]
Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status: Connected Pool: Department of Water Resources Location: DocuSign Signer Events Signature Timestamp
Zaffar Eusuff Sent:2023/11/21 1 14:27
[email protected] NLf Viewed:2023/11/21 1 14:28 Supervising Engineer Signed:2023/11/21 1 14:35 Department of Water Resources
Signature Adoption: Pre-selected Style
Security Level: Email,Account Authentication
(None) Using IPAddress: 107.208.184.121
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carmel Brown / Sent:2023/11/21 1 14:35
[email protected] CI°J Viewed:2023/11/22 1 11:36 Financial Assistance Branch Manager/Program Signed:2023/11/22 1 11:37 Manager
Department of Water Resources Signature Adoption: Pre-selected Style Using IPAddress: 76.126.190.77
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Grace Chang Sent:2023/11/22 1 1 1:37
[email protected] D Resent:2023/12/04 1 1 1:23 Security Level: Email,Account Authentication Viewed:2023/12/04 1 14:24 (None) Signed:2023/12/04 1 14:24
Signature Adoption: Pre-selected Style
Using IPAddress: 136.226.65.90
Electronic Record and Signature Disclosure:
Accepted:2023/12/04 1 14:24
ID:ee34e183-Of46-4469-93f3-e09454a1f8c3
Matthew J Frary Sent:2023/12/04 1 14:24
[email protected] Viewed:2023/12/05 1 10:01 Principal Engineer Signed:2023/12/05 1 10:04
Security Level: Email,Account Authentication
(None) Signature Adoption: Pre-selected Style Using IPAddress: 136.226.66.255
Electronic Record and Signature Disclosure:
Exhibit 2 350
Signer Events Signature Timestamp
Accepted:2023/12/05 1 10:01
ID:fc5d1e64-ec82-4f24-a9fc-40b9440c2553
Arthur Hinojosa Sent:2023/12/05 1 10:04
[email protected] 7� Viewed:2023/12/05 1 10:08 Manager, Division of Regional Assistance Signed:2023/12/05 1 10:22 Department of Water Resources
Signature Adoption: Drawn on Device
Security Level: Email,Account Authentication
(None) Using IPAddress: 12.40.109.44
Electronic Record and Signature Disclosure:
Accepted:2019/02/13 1 12:04
ID:06486c94-6b1f-485f-a887-d0624ad04d23
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 Desiree Ramirez Sent:2023/11/21 1 14:26
[email protected] Viewed:2023/11/21 1 14:27 senior Environmental Scientist
Department of Water Resources Using I Address: 136.200.53.18 Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Joelin Nordine OPIED Sent:2023/12/05 1 10:22 [email protected]
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Pavel Zakusilo OPIED Sent:2023/12/05 1 10:22 [email protected] Viewed:2023/12/05 1 10:24 Engineer,Water Resources
Department of Water Resources
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Amanda Guzman-Perez Sent:2023/12/05 1 10:22
[email protected] L COPIED
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Exhibit 2 351
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2023/11/21 1 14:26 Envelope Updated Security Checked 2023/1 1/28 1 09:40 Envelope Updated Security Checked 2023/1 1/28 1 09:40 Envelope Updated Security Checked 2023/1 1/28 1 09:40 Envelope Updated Security Checked 2023/12/04 1 11:23 Certified Delivered Security Checked 2023/12/05 1 10:08 Signing Complete Security Checked 2023/12/05 1 10:22 Completed Security Checked 2023/12/05 1 10:22 Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Exhibit 2 352
Electronic Record and Signature Disclosure created on:2018/10/17 1 11:08 Parties agreed to:Grace Chang, Matthew J Frary,Arthur Hinojosa
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Department of Water Resources (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 your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions,please confirm your agreement by clicking the 'I agree' button at the bottom of this document.
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. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account 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. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account 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 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account 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 Department of Water Resources:
Exhibit 2 353
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 phone call: (916) 653-5791
To contact us by paper mail,please send correspondence to:
Department of Water Resources
P.O. Box 942836
Sacramento, CA 95236-0001
To advise Department of Water Resources of your new e-mail address To let us know of a change in your e-mail 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 e-mail address, your new e-mail address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from Department of Water Resources 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 e-mail to [email protected] and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Department of Water Resources To inform us that you no longer want to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account 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
Operating Systems. Windows2000? or WindowsXP?
SS):
Internet Explorer 6.0? or
S):rowsers (for above
SI 11 GNERS Internet Explorer 6.0 Mozilla FireF.... p (for
11 ?, ox 1.0,NetSca e 7.2 (or above)
_ )
Email: Access to a valid email account
Exhibit 2 354
Screen Resolution: 800 x 660 minimum
• Allow per session cookies
Enabled Security Settings: . Users accessing the internet behind a Proxy Server must enable HTTP
1.1 settings via proxy connection
These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent.
Acknowledging your access and consent to receive materials 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 verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an 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 on the terms and conditions described above,please let us know by clicking the 'I agree'button below.
By checking the 'I Agree' box, I confirm that:
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and
• Until or unless I notify Department of Water Resources as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Department of Water Resources during the course of my relationship with you.
Exhibit 2 355
EXHIBIT B
DISTRICT MOU
Exhibit 2 356
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "Agreement"), is made and entered into as of the date of the last Parry, signature set forth below between the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (hereinafter referred to as "LACFCD"), and Los Angeles Gateway Region Integrated Regional Water Management Authority (GWMA) (hereinafter referred to as "Local Project Sponsor" or "LPS"). LACFCD and LPS are hereinafter referred to as "Parties" or, each individually, as "Parry" for the following project(s): Regional Recycled Water Expansion Project (hereinafter referred to as "Project(s)"). The requested grant amount for the Project(s) is $3,372,600.00.
WITNESSETH
WHEREAS, in November 2014, the voters of California enacted the Water Quality, Supply, and Infrastructure Improvement Act of 2014, (hereinafter referred to as Proposition 1), adding provisions to the California Public Resources Code; and WHEREAS, Proposition 1 amended the Public Resources Code to include Section 79740 et seq., which authorizes the Legislature to appropriate Five hundred and ten million Dollars ($510,000,000.00) for Integrated Regional Water Management (hereinafter referred to as "IRWM") water resources-related projects that address water supply, water quality, and habitat/open space needs in a region; and
WHEREAS,the intent of the IRWM concept is to encourage integrated regional strategies for the management of water resources and to provide funding through competitive grants for projects that protect communities from drought, improve water reliability, protect and improve water quality, and improve local water security by reducing dependence on imported water; and WHEREAS, the California Department of Water Resources (hereinafter referred to as "DWR") issued Proposition 1 IRWM Grant Program Guidelines and Implementation Grant Proposal Solicitation Package (hereinafter referred to as "Guidelines") in May 2022 to establish the process and criteria to solicit applications, evaluate proposals, and award Proposition 1 grants under the IRWM Grant Program; and
WHEREAS, eligible grant recipients under the Guidelines are public agencies defined as any state agency or department, special district,joint powers authority, a City, County, City and County, District, or other political subdivision of the State, nonprofit organizations defined as any corporation qualified to do business in California and qualified under United States Code, Title 26, §501(c)(3),public utilities, federally recognized Tribes listed on the Native American Heritage Commission's Tribal Consultation list, and mutual water companies. Entities that are part of a regional water management group and responsible for applying for the grant may also perform work funded by the grant; and
WHEREAS, under the Guidelines, IRWM Implementation grant proposals must be submitted by an IRWM Region that was accepted into DWR's IRWM Grant Program through the 2009 Region Acceptance Process and must: (1) include projects that are consistent with an Page I 1
Exhibit 2 357
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
adopted IRWM Plan (hereinafter referred to as "Plan"), (2)require project proponents to adopt the latest updated Plan (3) describe specific implementation projects for which funding is being requested, and(4) identify matching funding; and
WHEREAS, the IRWM Plan for the Greater Los Angeles County Region (hereinafter referred to as "Region"), amended in 2017, and approved on May 19, 2020 by DWR, will facilitate a regional approach to watershed management by establishing collaborative efforts across the watersheds within the Region; and
WHEREAS,the Region was accepted into DWR's IRWM Grant Program through the 2009 Region Acceptance Process in September 2009; and
WHEREAS, the Region's IRWM Group, which includes the Region's participating local entities and the LPSs identified in Exhibit I of the Grant Agreement, designated LACFCD as the regional entity to apply for grant funds on behalf of all proposed projects for the Region through the IRWM process; and
WHEREAS, the implementation grant proposal for the Region included several proposed projects sponsored by the following local entities, solely or jointly, (the projects are identified in Exhibit I to the Grant Agreement between DWR and LACFCD, which Grant Agreement, including all Exhibits thereto, is attached hereto and incorporated herein as Attachment A):
Amigos De Los Rios, City of Burbank, City of Calabasas, City of Malibu, City of Manhattan Beach, City of South Gate, City of Torrance, Los Angeles County Public Works, Los Angeles Region Gateway Integrated Regional Water Management Authority, Las Virgenes Municipal Water District, Los Angeles County Flood Control District, Los Angeles County Waterworks District No. 29 Malibu, Los Angeles Department of Water and Power, Los Angeles Neighborhood Land Trust, The Nature Conservancy, Valley County Water District, and West Basin Municipal Water District, and (collectively, the "Projects"); and WHEREAS, the Projects are identified in Exhibit I to the Grant Agreement between DWR and LACFCD, which Grant Agreement, including all Exhibits thereto, is attached hereto and incorporated herein as Attachment A; and
WHEREAS,for IRWM projects funded under the grant involving the participation of more than one entity, it is the intention of the Parties that the LPS be a single entity responsible for implementation of the Project(s) and having the authority to enter into this Agreement on behalf of all entities participating in the Project(s); and
WHEREAS, LPS assumes all responsibilities and liabilities for the Project(s)under this Agreement(including Grant Agreement responsibilities allocated to LPS under this Agreement).
LPS will be the entity that invoices LACFCD and provides any documentation and information requested or required under this Agreement or the Grant Agreement by LACFCD with respect to the implementation of the Project(s), including supporting documentation, reports, and notices.
In the event that the Proj ect(s)will be implemented by more than one entity, LPS shall ensure that it has entered into appropriate written agreement(s)with each of the other Project- Page l 2
Exhibit 2 358
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
implementing entities to confirm the authority of LPS to enter into this Agreement on their behalf, and shall ensure that each of the other Project-implementing entities agrees to defend, indemnify and hold harmless LACFCD to the same extent that LPS provides to LACFCD under this AGREEMENT. Further, each entity participating in a Project acknowledges full responsibility for the implementation of the Project(s), including all responsibilities identified in this Agreement as well as the Grant Agreement and commits to the fulfillment of their respective obligations with respect to the Project(s). As to LACFCD, LPS remains solely responsible for all aspects of the Project(s); and
WHEREAS, DWR has indicated that it will award an implementation grant of up to Twenty Million, Three Hundred and Thirty-Five Thousand Dollars ($20,335,000.00) to the LACFCD on behalf of the Region's LPSs; and
WHEREAS, DWR has indicated that it will enter into an agreement(hereinafter referred to as Grant Agreement) with LACFCD, for the administration of the implementation grant funds with respect to the seventeen (17)projects, including LPS's Project(s); and WHEREAS, LPS desires that LACFCD execute the anticipated Grant Agreement with DWR and perform the role of Grantee therein on LPS's behalf so that LPS can receive and benefit from the Proposition 1 grant funds for its Project(s) in the amount to be identified in Exhibit B to the Grant Agreement; and
WHEREAS, LACFCD and LPS desire to enter into this Agreement to clarify their respective responsibilities with respect to the anticipated grant from DWR and the Parties' responsibilities pursuant to the Grant Agreement; specifically, the Parties intend that LACFCD's role will be to administer the grant funding and submit documentation required under the Grant Agreement to DWR on behalf of LPS, for which LACFCD will be reimbursed pursuant to this Agreement. LPS will be responsible for all other activities required under the Grant Agreement related to its Project(s), including, but not limited to construction, monitoring, project management, operations and maintenance and legal compliance; and WHEREAS,the LPS was awarded a project grant of$3,372,600.00. This amount includes the administrative fee in the LPS's requested grant amount to cover the LACFCD's costs for grant administration and oversight and reflected in Exhibit B of the Grant Agreement. The Parties intend by this Agreement to establish that LACFCD will seek reimbursement of up to four and one-half percent(4.5%) administrative costs directly from the DWR reimbursement for these costs; and WHEREAS, the LPS previously agreed to pay West Basin Municipal Water District $5,012.60 for the cost of preparing and processing the LPS's grant application(s) for its project(s) and
WHEREAS the Parties acknowledge that LACFCD will not approve any aspect of the Project(s) or provide any resources related to implementation of the Project(s) outside of grant funding, if any, which is provided to LACFCD from DWR, specifically for the Project(s).
Page l3
Exhibit 2 359
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
NOW, THEREFORE, LACFCD and LPS hereby agree as follows:
LACFCD'S RESPONSIBILITIES
Section (1) LACFCD AGREES TO, for as long as the Grant Agreement remains in effect:
(1) Provide staff to oversee grant administration, manage grant funds and provide Project oversight, as related to the grant.
(2) Establish an independent account to manage the grant funds for each Project and provide routine updates to the LPS of balance and activities of each account. (3) Receive from LPS and submit to DWR the reports and information prepared and provided by LPS for each Project as requested by LACFCD and/or as required under the Grant Agreement. (4) Negotiate and execute amendments to the Grant Agreement on behalf of LPS, upon written request and approval by LPS.
(5) Process grant reimbursement requests submitted by LPS, including, submission of such requests to DWR and, only upon receipt of funds from DWR related to the invoices submitted, provide reimbursement to LPS within thirty (30) days of receipt by LACFCD of funds from DWR.
(6) Submit grant reimbursementrequest(s)to DWR,for atotal amount not to exceed$3,372,600.00 to reimburse LACFCD's administrative costs, management, and project oversight efforts with respect to the IRWM grant, as authorized by DWR and pursuant to Section (2)(8).
LPS'S RESPONSIBILITIES
Section (2) LPS AGREES TO:
(1) Retain sole and full responsibility for all aspects of LPS's Project(s) as identified in the Grant Agreement, including any approved amendments, including, but not limited to: planning, design, review and approval of plans, specifications, bid documents and construction documents, implementation; construction; management; Project oversight; monitoring; inspections; operation and maintenance; submission of Project reimbursement billing requests;provision of reports, notifications and notices; compliance with all legal requirements related to the Project(s) such as lead agency responsibilities, and all other applicable local, State and Federal statutes and regulations related to the Project(s) for the lifetime of the Project(s)notwithstanding any early termination of this Agreement. (2) Plan, design, construct, and continuously operate and maintain LPS's Project(s) pursuant to LPS's Work Plan as identified in Exhibit A to the Grant Agreement. LPS agrees to notify LACFCD and receive LACFCD's written approval as well as that of DWR in advance of implementing any proposed changes to LPS's Project(s), including proposed future changes to the Work Plan.
(3) Comply with all terms, provisions and commitments contained in the Grant Agreement, including all exhibits and attachments thereto, applicable to LPS or to LACFCD as Grantee or to representatives of Grantee under the Grant Agreement, whether or not herein specifically
Exhibit 2 360
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
referenced, (with the exception of responsibilities identified in Section (1)(1) above which are solely responsibilities of LACFCD) for the lifetime of the Project(s). The Parties agree that responsibilities of LPS, Grantee, representatives of Grantee or activities for which LACFCD (as Grantee) and LPS may be listed as jointly responsible under the Grant Agreement, shall remain the sole responsibility of LPS, with the exception of activities herein listed as LACFCD'S RESPONSIBILITIES.
(4) Comply with all applicable environmental requirements pertaining to the Project(s), including but not limited to the California Environmental Quality Act(CEQA), the State CEQA Guidelines and, if applicable, the National Environmental Policy Act(NEPA). Submit documents that satisfy the CEQA and NEPA process as well as any mitigation agreements, and environmental permits, including but not limited to DWR's Environmental Information Form. LACFCD is not responsible for any aspect of environmental compliance with respect to the Project(s), including any proposed future changes to LPS's Project(s), and no Project may be implemented absent LPS's compliance with CEQA and other environmental laws and regulations. Prior to submission of each invoice to LACFCD under this Agreement, LPS must submit written confirmation to LACFCD, in a format to be specified by LACFCD, that it has complied with all requirements of the Grant Agreement, including, but not limited to compliance with CEQA and, as applicable, NEPA for LPS's Project(s), including all work covered under the invoice, and shall provide appropriate evidence of its compliance. In addition, LPS agrees to submit written confirmation of CEQA and applicable NEPA compliance prior to implementing any future changes to its Project(s). (5) Demonstrate availability of funds to complete the Project by submitting the most recent three (3)years of audited financial statements and provide cost share funding match for the LPS's Project in the amount identified in Exhibit B of the Grant Agreement. (6) Ensure that any and all permits, licenses and approvals required for its Project(s) are obtained in a timely manner and maintained in effect as legally required. (7) Submit not more than one reimbursement request per quarter to LACFCD, in the format specified by LACFCD, executed by an authorized individual at LPS who is knowledgeable of the information and certifies and warrants the accuracy of the information contained in the reimbursement request.
(8) Allow LACFCD to be reimbursed by DWR in an amount not to exceed $151,767.00, representing up to four and a half percent(4.5%) of LPS's requested grant amount for grant administrative costs, management, and project oversight efforts with respect to the IRWM, which will be subtracted from the LPS's requested grant amount, as reflected in Exhibit B of the Grant Agreement. LPS thereby agrees that it will be reimbursed$3,220,833.00 by LACFCD under this Agreement.
(9) Prepare,provide, and ensure accuracy of all deliverables, reports, documentation, notifications, notices, and information related to the Project(s), as required under the Grant Agreement and/or requested by LACFCD to assist LACFCD and to enable LACFCD or LPS
Exhibit 2 361
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
to provide information required under the Grant Agreement to DWR in a prompt and timely manner, in accordance with the provisions of the Grant Agreement. (10)Inform LACFCD within fifteen (15) days of any material changes related to the Project(s) including but not limited to, the progress of construction, Project budget(s), and Project benefits, through reporting process or other methods established by LACFCD. (11)Repay the LACFCD any amount owed to DWR within thirty (30) days of written notification, if for any reason DWR determines that LPS's Project(s) is no longer entitled to grant funds.
(12)Provide regular and ongoing inspections of construction work in progress and be responsible to keep work under control. Authorize LACFCD to inspect the Project(s), at LACFCD's discretion, to review the progress of the Project(s).
(13)Accept all liabilities and hold LACFCD legally and financially harmless if it is determined by court of law that LPS's allocation and use of the grant and matching funds is in violation of any applicable statutes, regulations, ordinances, guidelines, or requirements, including, but not limited to, grant requirements, and/or requirements governing contracting, and subcontracting, unless such violation(s) is due to LACFCD's active negligence or willful misconduct.
(14)Accept sole responsibility for persons performing work related to the Project(s), including, but not limited to, employees, contractors, subcontractors, suppliers, and providers of services.
(15)Accept sole responsibility for any, and all disputes arising out of contracts for implementation of the Project(s), including, but not limited to,payment disputes involving representatives of LPS, contractors and subcontractors. LPS acknowledges that LACFCD will not mediate or be involved with disputes between LPS and any other entity concerning responsibility for performance of work related to the Project(s). (16) Comply with all Basic Conditions, conditions for disbursement, Continuing Eligibility requirements, and Standard Conditions set forth in the Grant Agreement at all times. (17)Designate in writing a Project Manager with the full authority to act on behalf of LPS on any matter related to the Project(s) and advise LACFCD and DWR immediately in writing of any change in Project Manager.
Section (3) TERMINATIONS/SUSPENSIONS
(1) Termination of Agreement
This Agreement shall remain in effect while the Grant Agreement or any provision of the Grant Agreement remains in effect. LPS's indemnification will remain in effect for the
Exhibit 2 362
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
lifetime of the Project(s). Following termination of the Grant Agreement, LPS shall remain solely responsible for any liability, costs or expenses related to its Project(s), including any request for repayment by DWR related to LPS's Project(s) and/or any other costs, fees and/or penalties, such as costs related to allegations of default under Section 12 of the Grant Agreement, which may be asserted against LACFCD by DWR related to the LPS's Project(s). LPS acknowledges that in no event shall LACFCD be responsible for any liability, costs, or expenses related to LPS's Project(s) or for the performance of work on, or the operation or maintenance of, the completed Project(s), as a result of the termination of the Grant Agreement or for any other reason.
(2) Termination for Noncompliance with Child Support Requirements LPS shall maintain compliance with requirements of LACFCD's Child Support Compliance Program as certified in LPS's Child Support Compliance Program Certification and as set forth in this Agreement. Failure of LPS to maintain compliance with these requirements will constitute a default under this Agreement. Failure to cure such a default within ninety (90) days of notice by LACFCD shall be grounds upon which LACFCD may give notice of termination and terminate this Agreement.
(3) Termination/Suspension for Convenience
This Agreement may be suspended or terminated, in whole or in part, from time to time, when such action is deemed by LACFCD, in its sole discretion, to be in its best interest.
Suspension or termination of work hereunder shall be effected by notice of suspension or termination to LPS specifying the extent to which performance of work is suspended or terminated and the date upon which such suspension or termination becomes effective. The date upon which such suspension or termination becomes effective shall be no less than ten (10) days after the notice is sent.
After receipt of a notice of suspension or termination and except as otherwise directed by LACFCD, LPS shall:
a. Stop work under this Agreement on the date and to the extent specified in such notice. b. Complete performance of such part of the work as shall not have been suspended or terminated by such notice.
All material including books,records, documents, or other evidence bearing on the costs and expenses of LPS under this Agreement shall be maintained by LPS in accordance with Exhibit D of Grant Agreement.
Consistent with the above, if this Agreement is suspended or terminated, LPS shall complete within the LACFCD's suspension or termination date contained within the notice of suspension or termination,those items of work which are in various stages of completion, which the LACFCD has advised the LPS are necessary to bring the work to a timely, logical, and orderly end. Reports, samples, and other materials prepared by LPS under this Agreement
Exhibit 2 363
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
shall be delivered to LACFCD upon request and shall be in public domain as outlined in Exhibit D of Grant Agreement.
(4) Termination/Suspension for Default
LACFCD may, by written notice to LPS, suspend or terminate the whole or any part of this Agreement, if, in the judgment of LACFCD:
a. LPS has materially breached this Agreement; or
b. LPS fails to timely provide and/or satisfactorily perform any task, deliverable, service, or other work required under this Agreement; or
c. LPS fails to demonstrate a high probability of timely fulfillment of performance requirements under this Agreement,or of any obligations of this Agreement and in either case, fails to demonstrate convincing progress toward a cure within five (5) working days (or such longer period as LACFCD may authorize in writing) after receipt of written notice from LACFCD specifying such failure.
In the event LACFCD suspends or terminates this Agreement in whole or in part pursuant to this paragraph,LACFCD may procure,upon such terms and in such manner, as LACFCD may deem appropriate, goods and services similar to those so suspended or terminated. LPS shall be liable to LACFCD for any and all excess costs incurred by LACFCD, as determined by LACFCD, for such similar goods and services. LPS shall continue the performance of this Agreement to the extent not suspended or terminated under the provisions of this paragraph.
Except with respect to defaults of any Subcontractor, LPS shall not be liable for any excess costs of the type identified above, if its failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of LPS. Such causes may include, but are not limited to, acts of God or of the public enemy, acts of LACFCD in either its sovereign or contractual capacity, acts of the Federal or State government in its sovereign capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of LPS. If the failure to perform is caused by the default of a Subcontractor, and if such default arises out of causes beyond the control of both LPS and Subcontractor, and without the fault or negligence of either of them, LPS shall not be liable for any such excess costs for failure to perform, unless the goods or services to be furnished by the Subcontractor were obtainable from other sources in sufficient time to permit LPS to meet the required delivery schedule.
If, after LACFCD has given notice of termination or suspension under the provisions of this paragraph, it is determined by LACFCD that LPS was not in default under the provisions of this paragraph or that the default was excusable under the provisions of this paragraph, the rights and obligations of the parties shall be the same as if the notice of termination or suspension had been issued pursuant to this Exhibit's Termination/Suspension for Convenience.
Exhibit 2 364
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
a. The rights and remedies of LACFCD provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
b. As used herein,the terms "Subcontractor" and"Subcontractors" mean Subcontractor at any tier.
(5) Termination/Suspension for Improper Consideration
LACFCD may, by written notice to LPS, immediately terminate the right of LPS to proceed under this Agreement if it is found that consideration, in any form, was offered or given by LPS, either directly or through an intermediary, to any LACFCD officer, employee, or agent with the intent of securing this Agreement or securing favorable treatment with respect to the award, amendment, or extension of this Agreement or the making of any determinations with respect to LPS performance pursuant to this Agreement. In the event of such termination, LACFCD shall be entitled to pursue the same remedies against LPS as it could pursue in the event of default by LPS.
LPS shall immediately report any attempt by a LACFCD officer or employee to solicit such improper consideration. The report shall be made either to LACFCD manager charged with the supervision of the employee or to the Auditor-Controller's Employee Fraud Hotline at(800) 544-6861.
Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel, entertainment, or tangible gifts. (6) Termination/Suspension for Insolvency
LACFCD may suspend or terminate this Agreement forthwith in the event of the occurrence of any of the following:
a. Insolvency of LPS. LPS shall be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business or cannot pay its debts as they become due,whether or not a petition has been filed under the Federal Bankruptcy Code, and whether or not LPS is insolvent within the meaning of the Federal Bankruptcy Code.
b. The filing of a voluntary or involuntary bankruptcy petition relative to LPS under the Federal Bankruptcy Code.
c. The appointment of a bankruptcy Receiver or Trustee for LPS. d. The execution by LPS of a general assignment for the benefits of creditors. e. The rights and remedies of LACFCD provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
Exhibit 2 365
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
(7) Termination/Suspension for Nonadherence to County Lobbyists Ordinance Each LACFCD lobbyist, as defined in the Los Angeles County Code Section 2.160.010, retained by LPS shall be in full compliance with Chapter 2.160 of the Los Angeles County Code. LPS's signature on the Agreement is its certification that it is in full compliance with Chapter 2.160. Failure on the part of any LACFCD lobbyist retained by LPS to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement upon which LACFCD may immediately terminate or suspend this Agreement.
Section (4) GENERAL INDEMNIFICATION
(1) LPS shall indemnify, defend, and hold harmless LACFCD, the County of Los Angeles, Special Districts for which the Board of Supervisors for the County of Los Angeles and LACFCD acts as the governing body, elected and appointed officers, officials, employees and agents from and against any and all liability, including, but not limited to, defense costs, demands, claims, allegations of default or breach of the Grant Agreement or this Agreement, actions, fees, costs and expenses (including attorney and expert witness fees) arising from or relating to: acts or omissions of the LPS related to its Project(s) and/or any acts or omissions of LACFCD made on behalf of or for the benefit of LPS pursuant to this Agreement, including, but not limited to, LACFCD's actions or activities in administering the grant funding and other LACFCD responsibilities set forth in Section (1)(1),but not including any acts or omissions of the LACFCD that involve the LACFCD's active negligence or willful misconduct. LPS liability arising from the active negligence or willful misconduct of LACFCD is excluded under this paragraph. This indemnity section shall remain in effect while the Grant Agreement, or any of its terms, is in effect and shall survive the termination, for any reason, of the Grant Agreement or this Agreement and shall remain in effect during the lifetime of the Project(s).
(2) If, for whatever reason, DWR fails to fund any part of the grant commitment related to the Project(s), LPS shall hold LACFCD harmless for that failure to fund and shall not seek any funding from LACFCD other than funds actually provided by DWR to LACFCD and specifically identified for LPS's Project(s). If, for whatever reason, DWR demands repayment of any part of the grant commitment related to the Project(s), LPS shall indemnify, defend, and hold LACFCD harmless for that repayment demand and shall not seek any funding from LACFCD in connection therewith.
(3) LPS shall comply with the requirements set forth in CEQA and the CEQA Guidelines for its Project(s). LPS is ultimately and solely responsible for compliance with all applicable CEQA and NEPA requirements, including any mitigation measures required for the Project(s). LPS shall indemnify, defend, and hold harmless LACFCD, the County of Los Angeles, Special Districts for which the Board of Supervisors for County of Los Angeles and LACFCD acts as the governing body, elected and appointed officers, employees, and agents from and against any and all claims and/or actions related to the Project(s) that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines, NEPA and/or
Exhibit 2 366
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
other Federal, State, and local environmental laws, rules, and regulations, guidelines, and requirements for the Proj ect(s). This indemnity section shall remain in effect while the Grant Agreement, or any of its terms, is in effect and shall survive the termination,for any reason, of the Grant Agreement or this Agreement and shall remain in effect during the lifetime of the Proj ect(s).
Section (5) CHILD SUPPORT LAWS
(1) LACFCD's Policy on Child Support Laws
LPS acknowledges that LACFCD places a high priority on the enforcement of child support laws and the apprehension of child support evaders. LPS understands that it is LACFCD's policy to encourage all LACFCD contractors to voluntarily post LACFCD'S Los Angeles Most Wanted: Delinquent Parents List, in a prominent position at LPS's place of business. (2) Child Support Compliance Program
As required by LACFCD's Child Support Compliance Program (Los Angeles County Code Chapter 2.200), and without limiting LPS's duty under this Agreement to comply with all applicable provisions of law, LPS warrants that it is now in compliance and shall during the term of this Agreement maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement lawfully served Wage and Earnings Withholding Orders or District Attorney Notice of Wage Earnings Assignment for Child or Spousal Support, pursuant to Code of Civil Procedure, Section 706.031 and Family Code, Section 5246(b).
Section (6) NOTICE TO EMPLOYEES REGARDING THE FEDERAL EARNED INCOME CREDIT
LPS shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws.
Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice No. 1015.
Section (7)PROHIBITION AGAINST USE OF CHILD LABOR
(1) LPS shall:
a. Not knowingly sell or supply to LACFCD any products, goods, supplies or other personal property manufactured in violation of child labor standards set by the International Labor Organization through its 1973 Convention Concerning Minimum Age for Employment and,
b. Upon request by LACFCD, identify the country/countries of origin of any products, goods, supplies, or other personal property LPS supplies to LACFCD; and
Exhibit 2 367
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
c. Upon request by LACFCD, provide to LACFCD the manufacturer's certification of compliance with all international child labor conventions. (2) Should LPS discover that any products, goods, supplies, or other personal property sold or supplied by LPS to LACFCD are produced in violation of any international child labor conventions, LPS shall immediately provide an alternative, compliant source of supply. (3) Failure by LPS to comply with provisions of this section will be grounds for immediate suspension or termination of this Agreement.
Section (8)NOTIFICATION
(1) Any notices, bills, invoices, or reports relating to this Agreement, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and a. shall be delivered to the representatives of the Parties at the addresses set forth below, except that any Party may change the address for notices by giving the other Party at least ten (10) days written notice of the new address:
LACFCD:
Matthew Frary, Principal Engineer
Stormwater Planning Division
Los Angeles County Flood Control District
County of Los Angeles Department of Public Works
900 South Fremont Avenue
Alhambra, CA 91803-1331
LPS:
Grace Kast, Executive Officer
Los Angeles Gateway Region Integrated Regional Water Management Authority 16401 Paramount Boulevard
Paramount, CA 90723
b. or when LACFCD establishes a process to electronically upload some of the above stated information via the Web, the LPS shall submit the information accordingly as directed by LACFCD.
Section (9) MUTUAL COVENANTS
(1) Governing Laws, Jurisdiction, and Venue: This Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. To the maximum extent permitted by applicable law, LPS and LACFCD agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes concerning with or arising out of this Agreement, shall be exclusively in the County of Los Angeles.
Exhibit 2 368
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
(2) Amendment: No variation, modification, change, or amendment of this Agreement shall be binding upon any Parry unless such variation,modification,change,or amendment is in writing and duly authorized and executed by both Parties. This Agreement shall not be amended or modified by oral agreements or understandings between the Parties or by any acts or conduct of the Parties. Notwithstanding the above, the Parties agree that any amendment to the Grant Agreement(including any amendment to LPS's grant amount and corresponding change to the dollar amount of LACFCD's 4.5 percent administrative fee) shall become part of this Agreement upon the provision of written notice to the LPS without the necessity of further written agreement between the Parties absent the immediate provision of written objection by LPS to LACFCD.
(3) Entire Agreement: This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings.
(4) No Third-Parry Beneficiary/Successors and Assigns: This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provisions of this Agreement. (5) Waiver: No waiver of any breach or default by any Parry shall constitute a waiver of any other breach or default,nor shall any such waiver constitute a continuing waiver.Failure of any Parry to enforce at any time or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity.
(6) Covenant: All provisions of this AGREEMENT, whether covenants or conditions, on the part of LPS shall be deemed to be both covenants and conditions. (7) Assignment: No Parry shall assign this Agreement or any of such Parry's interest, rights, or obligations, under this Agreement without the prior written consent of the other Parry, which consent shall not be unreasonably withheld except that any Parry may assign the Agreement, or any part thereof, to any successor governmental agency performing the functions of the assigning Parry as its successor.
(8) Relationship of Parties: The Parties are, and at all times shall remain as to each other, wholly independent entities. No Parry to this Agreement shall have the power to incur any debt, obligation, or liability on behalf of any other Parry unless expressly provided to the contrary by this Agreement. No employee, agent, or officer of a Parry shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another Parry. (9) Successors: This Agreement shall be binding upon and shall insure to the benefit of the respective successors, heirs and assigns of each Parry.
Exhibit 2 369
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
Section (10)NEGOTIATION OF PARTNERSHIP
(1) Nothing in this Agreement shall be construed to render LACFCD in any way or for any purpose a partner,joint venturer, or associate in any relationship with LPS,nor shall this Agreement be construed to authorize either Parry to act as agent for the other Party unless expressly provided in this Agreement.
Section (11) SAVINGS CLAUSE
(1) If any provision or provisions of this Agreement shall be determined by any court to be invalid, illegal or unenforceable to any extent, the remainder of the Agreement shall continue in full force and effect and this Agreement shall be construed as if the invalid, illegal or unenforceable provision(s) had never been contained in this Agreement.
Section (12) AUTHORITY TO ENTER INTO AGREEMENT
(1) Each of the persons signing below on behalf of a Parry represents and warrants that he or she is an authorized agent who has actual authority to bind LPS to each, and every term, condition, and obligation to this Agreement and that all requirements of LPS have been fulfilled to provide such actual authority.
H
Exhibit 2 370
Memorandum of Understanding Between
Los Angeles Gateway Region Integrated
Regional Water Management Authority and
Los Angeles County Flood Control District
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective officers, duly authorized by the LPS on 2024, and by the LACFCD on , 2024.
By
MARK PESTRELLA, PE Date
Director of Public Works
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By
Deputy Date
LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER
MANAGEMENT AUTHORITY
ATTEST:
By
ADRIANA FIGUEROA Date
Chair
APPROVED AS TO FORM:
By
NICOLAS GHIRELLI Date
Legal Counsel
114 0""II II I¢M I:�I C J I I A6:; I I ;w_',l,.Jl' ;I AI4'l l l' II A I;I IV 1::;l!I S AVw;I C J I I
Exhibit 2 371
EXHIBIT C
GRANT BUDGET
Exhibit 2 372
O o p" o O O O O O 'o" O O O O p o o I:y} w p '. w o o w o O' o 0 o p GO co O W O O in O in O ap
Q O O N : O O N O N N
I, M 10 M tfT Ln O 10
H Vf w w w
V
m
O
F
y} io� WOII
L
s
W �^
� m
a
L
S Q'
s
0 O
W
J
UAoa o c.......... o;, o a,
+Pr +Pr +d* +Pr O O o
V Q' O O
w Ln
O
d
c/) d m m
Z 's CA
0 S � §
Lu
LL O
a
(D _
J ;Q-, O . .. , o „r . o 0 0 -O „Q,„ . o o .,�„ J C O O rR ar O ar O O ar O p; O O O o m L U W cc O W O O in ul O in O Cp m :O o^ MM N 10 MM w ID Ln o - L :C .� w p w w O .� .� O W O
C N tfT � N to to nl W U C N tfi N a
V 0 w' in
w a °
� r o
O C v M
i M
C
' _
a
g E 0 O O
G H t N C rn O wLn
C7 :,E �' f0 i W C O c O p i 0- J W o0 ~ 4 w `o L v O O'r'
'� e O
JU °
u a u
F m
cri
.. .. u (A u
co
Lu
01 0 a Y Y J Y a Y1 Y1 Y V Y Y10 z
N
L
X
W
CITY OF BELL GARDENS
Ill Ifr� OFFICE OF THE CITY MANAGER
inrar�a�ra AG E N DA RE P O RT
Item 8.
TO. Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo I niguez, Director of Public Works/Facilities Douglas Benash, P.E., City Engineer
SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE FY 2022-2023 VARIOUS RESIDENTIAL STREET IMPROVEMENTS (CIP NO. 3919)
DAT E: March 11, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Approve the plans and specifications for the FY 2022-2023 Various Residential Street Improvements; and
2. Authorize staff to solicit competitive bids and publish the Notice Inviting Sealed Bids.
BACKGROUND/DISCUSSION:
Engineering Staff has completed the design and construction documents for the FY 2022-2023 Various Residential Street Improvements (the "Project"). The Project scope of work consists of excavation and/or cold milling of existing AC Pavement, removing AC Pavement, reconstruction of AC Pavement, reconstruction of sidewalk, driveway, curb ramp, alley intersection, curb and gutter, cross gutter, adjust utility manhole frames and covers to finished grade, striping and markings, construction survey, material testing, and all items not mentioned but indicated in the Plans and Specifications. The construction documents, which include plans, specifications, and engineer estimate (PS&E) have been completed in accordance with the City's internal procurement policies and the Public Contract Code. The total contract period for this project is forty(40)working days.
The general location and limit of the work is as follows:
• Granger Avenue from Florence Avenue to Florence Place • Foster Bridge Boulevard and Scout Avenue Intersection • Otto Street from Emil Avenue to Cut-de-sac
• Emil Avenue from Suva Street to Foster Bridge Boulevard • Florence Avenue from Garfield Avenue to Granger Avenue • (Additive "A") Watcher Street from Jaboneria Road to Darwell Avenue • (Additive "B") Lanto Street from Jaboneria Road to Darwell Avenue • (Additive "C") Foster Bridge Boulevard from Charner Street to Emil Avenue Upon authorization by the City Council, staff will proceed with the bid phase of the Project, publishing the Notice Inviting Sealed Bids (NISB) in a local newspaper of general circulation and other electronic media, and posting the plans and specifications on the City's website. Bids will be publicly opened and a contract will be awarded to the lowest responsive and responsible bidder at a future City Council meeting. The published NISB will state the time and place for receiving and opening of sealed bids, and will distinctly describe the Project. The NISB will be published in accordance with Public Contract Code § 20164. 374
The Tentative Bid Schedule is as follows:
• Bid Period March 13, to March 28, 2024
• Mandatory Pre-Bid Meeting: March 21, 2024 at 10:00 AM • Bidder Information Sheet Deadline March 21, 2024 at 5:00 PM • Request for Information Deadline March 21, 2024 at 5:00 PM • Bid Opening March 28, 2024 at 11:00 AM
•Anticipated Award of Contract April 22, 2024
DESIGN IMMUNITY:
Government Code section 830.6 states in part, "Neither a public entity nor a public employee is liable for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved." In order to bid the Project and provide California design immunity, per Government Code section 830.6, the City Council must approve the plans and specifications prior to the construction bidding process. The intent of Section 830.6 is to prevent a judge or jury from second-guessing discretionary approvals made by the public agency and its employees regarding a plan or design for a construction project.
The plans and specifications for the Project are consistent with the City's standards and the General Plan. Staff's recommendation for City Council approval of the plans and specifications is intended to avail the City of the immunities set forth in Government Code section 830.6, prior to proceeding with construction of the Project. Through the City Council's approval, the Director of Public Works/Facilities, as the City's project manager, would be authorized to act on the City's behalf in approving any necessary alterations or modifications of the plans and specifications throughout the course of the Project.
ENVI RONMENTAL ANALYSIS:
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the Project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 — Existing Facilities). A Notice of Exemption for the Project will be prepared and filed with the L.A. County Registrar Recorder's Office.
CONCLUSION:
Upon authorization by the City Council, staff will proceed with the bid phase of the project.
FISCAL IMPACT:
The City's CI P budget included $1,064,678 for the Project, of which $39,765 is funded by TDA Article 3; $599,913 i funded by Measure R; $175,000 is funded by Measure M; and $250,000 is funded by Prop C.
The estimated project expenditures are as follows:
Design (9%) $61,500
Geotechnical Work $30,850
375
roje t anagement (4%) M:000
Construction Management& Inspection (7.5%) $67,500
Funding Administration (2%) $5,625
Estimated Construction Cost (Base Bid Without Additives) $800,000 Labor Compliance (actual cost) N/A
Contingency(5%) $45,495
Publication & Misc. Costs $2,000
TOTAL ESTIMATED PROJECT COST $1,064,678
The total estimated project cost above does not include additive bids items. Additive "A" is estimated at $140,000; Additive "B" is estimated at$208,000; and Additive "C" is estimated at$243,000.
ATTACHMENTS:
Exhibit 1 - Notice Inviting Sealed Bids
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano,Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 376
NOTICE INVITING SEALED BID
FOR
FY 2022-2023 VARIOUS RESIDENTIAL STREET IMPROVEMENTS
CIP NO. 3919
IN THE CITY OF BELL GARDENS
PUBLIC NOTICE IS HEREBY GIVEN that the City of Bell Gardens as AGENCY, invites sealed bids for the above-stated project and will receive such bids in the offices of the City Clerk, City Hall, 7100 South Garfield Avenue, Bell Gardens, California 90201, up to the hour of 11:00 AM on March 28, 2024, at which time they will be publicly opened.
Copies of the Plans, Specifications, and contract documents are available on the City's website at https://www.beligardens.org/i-want to/view-bid nd®bids. To be on the Plan Holders List for this project, each bidder must submit a Bidder's Information Sheet which is also available on the City's website, to enas infen r.com. Bids will not be accepted unless the bidder is on the Plan Holder List. All Bidder Information Sheets are required to be submitted no later than 5:00 PM on March 21, 2024. Bids will not be accepted unless the Bidder Information Sheet is submitted and logged onto the plan holders list. Failure to submit the Bidder Information Sheet by the deadline noted above will result in declaring any submitted bids as non-responsive.
To comply with SB 854, beginning January 1, 2015 the following applies:
1. No contractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.
3. The project is subject to compliance monitoring and enforcement by the DIR.
4. Require the prime contractor to post job site notices prescribed by regulation (regulation not created yet) or the City must post the notices itself.
The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in Appendix "B" and submit it with the sealed Bid.
Exhibit 1 377
Attendance at a pre-bid meeting is mandatory and will be held on Thursday, March 21 2024 at 10:00 AM at the City Hall Council Chambers (7100 Garfield Avenue, Bell Gardens, California 90201.) All Prime Contractors are required to have a representative attend and sign in at the pre-bid meeting. Failure to comply with this attendance and sign-in requirement will result in Bidder's proposal being found non-responsive to the required procedures.
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing rate of per hourly wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the City Hall, City of Bell Gardens, 7100 South Garfield Avenue, Bell Gardens, California 90201, and are available to any interested party on request.
Attention is directed to the provisions of Section 1777.5 (Chapter 1141, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any such subcontractor under him. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, or handicap will also be required.
The AGENCY will deduct 5 percent retention from all progress payments as specified in Section 9-3.2 of these specifications. The Contractor may substitute an escrow holder surety of equal value to the retention. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. Contractor shall provide AGENCY with weekly payroll reports.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, sexual orientation or handicap in any consideration leading to the award of contract.
In entering into a public works contract, or a subcontract, to supply goods, services, or material pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.
Bids must be prepared on the approved Proposal forms or copies thereof in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside as follows:
Exhibit 1 378
FY 2022-2023 VARIOUS RESIDENTIAL STREET IMPROVEMENTS
CIP NO. 3919
The bid must be accompanied by cash, a certified or cashier's check, or bidder's bond, issued by an "admitted surety insurer" made payable to the AGENCY for an amount no less than 10 percent of the total base bid amount.
All bidders shall be licensed in accordance with the provisions of the Business and Professions Code and shall possess a State Contractor's License, Class A, at the time of bid submittal. The successful Contractor and each of his subcontractors will be required to possess a Business License from the City.
The liquidated damages for this project is five hundred dollars ($500.00) per calendar day the project is not completed within the contract time.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advertisement for a period of sixty (60) days.
The Contractor shall complete all work in every detail within forty (40)working days (for Base Bid) comprised of five (5) working days for mobilization and thirty-five (35) working days for construction, after the effective date in the Notice-to-Proceed with the Work to be issued by the CITY. If the Base Bid and Additive Bids are awarded, the city allows seven (7) additional working days for each Additive Bid.
BY ORDER OF the City of Bell Gardens, California.
Dated: March 11, 2024
Exhibit 1 379
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
u
m
AG E N DA RE P O RT
Item 9.
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: LOCAL COMMISSIONS APPOINTMENT LIST
DATE: March 11, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
BACKGROUND/DISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state- mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Roster with Notice of Vacancy
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 380
CITY OF BELL GARDENS
NOTICE OF COMMISSION VACANCIES
The City Council is seeking applications for the following vacancies:
APPOINTEDNAME
POSTED DATE
/// J I f
Kristina Paulo Barcena 1/9/2023
Miguel Flores Chavez 3/22/2021
Victoria Mirembe Gomez 11/13/2023
Jeanette Beltran Pulido 12/11/2023
Armando Barcena Barcena 1/9/2023
Miguel De La Rosa Chavez 1/11/2021
Gustavo Mendez Gomez 8/28/2023
Oscar Boado De Leon Sanchez 9/11/2023
Andrew Leon Pulido 11/13/2023
Isabel Duron Barcena 1/9/2023
Katel nn Cabrera Gomez 10/23/2023
Cecilia Diaz-Jimenez De Leon Sanchez 1/23/2023 Ci dv Alvarado Pulido 2/27/2023
ff
l
l i
Ana Maria Sanchez Flores Barcena 1/9/2023
Diana Rivera Chavez 1/9/2023
Monica Kakimoto Gomez 1/22/2024
Stephanie Perez De Leon Sanchez 1/23/2023 Ernesto Ramirez Pulido 12/11/2023
f �
1 David Hei Barcena 1/9/2023
Carlos Jose Barrera Chavez 1/11/2021
Raul Velasco Gomez 10/9/2023
Hugo Alvarado De Leon Sanchez 1/9/2023
Jayson Gavilanes Pulido 1/11/2021
Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk's Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made. Please call the City Clerk's Office at(562) 806-7705 for more information.
Daisy Gomez, City Clerk
lWdl 3/7/2024 381
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
u
m
AG E N DA RE P O RT
Item 10.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Assistant to the City Manager
SUBJECT: RESOLUTION AFFIRMING SUPPORT FOR THE CONGRESSIONAL AND WORLDWIDE
CALLS FORAN IMMEDIATE CEASEFIRE IN GAZA
DATE: March 11, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council adopt the attached resolution supporting the congressional and worldwide calls for an immediate ceasefire in Gaza.
BACKGROUND/DISCUSSION:
Since October 8th, 2023, following the Hamas attack on Israel, elected officials have publicly acknowledged the ongoing violence and humanitarian crisis impacting Israel and Gaza. On November 17th, Bell Gardens representative, Congressman Robert Garcia, published a statement supporting efforts to secure a lasting ceasefire in Israel and Gaza, affirming the value of Palestinian and Israeli lives and ensuring the delivery of humanitarian assistance and the protection of civilian lives in Gaza.
The Bell Gardens City Council has previously adopted statements, proclamations and resolutions on statewide, national, and international affairs deemed important to the diverse residents and constituencies that the council represents. For example, at the April 24, 2023 City Council meeting, the Council proclaimed May 1, 2023 as "Global Love Day' in Bell Gardens which honors the public cause for Global Love, World Peace, and Universal Joy.
Furthermore, at the May 22, 2023 City Council meeting, the Council proclaimed June 2023 as "LGBTQIA+ Pride Month" in the City of Bell Gardens and encouraged all residents to eliminate prejudice wherever it exists and celebrate our LGBTQIA+ community. Finally, at the February 12, 2024 City Council meeting, the Council adopted a resolution declaring a climate emergency because the repercussions of climate change are disproportionately affecting the most vulnerable individuals in disadvantaged communities.
Several other cities across Los Angeles County have approved or are actively considering statements calling for a range of actions including an unimpeded humanitarian pause, the protection of civilians, the release of hostages, and a lasting ceasefire, including Long Beach, Pomona, Montebello and Cudahy. Nationally, other major U.S. cities including San Francisco, Oakland, Sacramento, Seattle, Detroit, Providence, and Atlanta have adopted similar statements.
International organizations like the United Nations, the World Health Organization, the US Agency for International Development, and the International Rescue Committee, among others, have also made calls for immediate action to prevent the further loss of all civilian lives, and to be in accordance with international humanitarian law.
CONCLUSION:
The City Council recognizes that the current humanitarian crisis takes place within a long history and affirms the root 382
causes of the crisis needs to be addressed for a pathway to lasting peace and justice to be developed.
FISCAL IMPACT:
None.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2024-15
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 383
RESOLUTION NO. 2024-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, AFFIRMING SUPPORT FOR THE
CONGRESSIONAL AND WORLDWIDE CALLS FOR AN IMMEDIATE
CEASEFIRE IN GAZA
WHEREAS, the City of Bell Gardens believes that all people regardless of race, color, national origin, sex, and religion should be able to live in dignity, freedom, and equality without fear of destruction;
WHEREAS, the City of Bell Gardens condemns the recent rise of Antisemitic, Islamophobic, racist, homophobic, and xenophobic attacks across the nation; WHEREAS, the City of Bell Gardens recognizes that the current crisis takes place within a long history and affirms the root causes of the crisis needs to be addressed for a pathway to lasting peace and justice to be developed;
WHEREAS, the current assault on Gaza, which started October 7, 2023 after Hamas killed 1,200 people and kidnapped 240 people, has resulted in over 30,000 Palestinians killed, including 13,000 children, and over 1.9 million Palestinians displaced by the State of Israel;
WHEREAS, the United Nations called for an immediate ceasefire and urged Israel and the United States to take actions to prevent further loss of civilian life; WHEREAS, the Federal Government holds immense diplomatic power to save Israeli and Palestinian lives.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED BY THE CITY COUNCIL OF BELL GARDENS, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City of Bell Gardens support local programs that combat Antisemitism, Islamophobia, racism, homophobic and xenophobic attacks.
SECTION 2. The City of Bell Gardens supports U.S. Congress Resolution H.R. 786, and joins other cities in calling on our Congressional Representatives and Senators to demand: a permanent ceasefire; the release of all hostages and unlawful prisoners; the unrestricted entry of humanitarian assistance into Gaza; the restoration of food, water, electricity, and medical supplies to Gaza; conditioning military aid to the State of Israel; and an immediate respect for international law by Israel and Hamas.
Exhibit 1 384
Resolution No. 2024-15
SECTION 3. That a copy of this resolution be sent to the offices of Assemblymember Blanca Pacheco, State Senator Lena Gonzalez, Governor Gavin Newsom, U.S. Representative Robert Garcia, U.S. Senator Laphonza Butler, U.S.
Senator Alex Padilla, Secretary of Defense Lloyd Austin, Secretary of State Antony Blinken, and U.S. President Joe Biden, urging them to take immediate action to use their position and influence to end violence.
PASSED, APPROVED and ADOPTED this 11t" day of March 2024.
THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
2of3
Exhibit 1 385
Resolution No. 2024-15
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
3of3
Exhibit 1 386
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
u
m
AG E N DA RE P O RT
Item 11.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo J. Romo, Deputy City Manager/Community Development Director SUBJECT: COMMERCIAL CANNABIS PERMIT APPLICATIONS UPDATE DATE: March 11, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council consider the following actions:
1. Receive and file this report, with no further action; or
2. Direct staff to bring back an ordinance amending Title 9 (Zoning and Planning Regulations)of the Bell Gardens Municipal Code ("BGMC")to permit staff to regulate the ability to accept applications for processing; or
3. Direct staff to bring back an ordinance amending Title 9 (Zoning and Planning Regulations) of the BGMC to establish a maximum number of conditional use permits ("CUP")to be issued based on a per capita ratio; or
4. Direct staff to bring back an ordinance amending Title 5 (Business Licenses, Regulations and Taxes) of the BGMC to establish a maximum number of permissible business regulatory permits for a cannabis retail use.
BACKGROUND/DISCUSSION:
On June 26, 2023, the City Council approved Ordinance No. 934, which (1) repealed the City's prohibition on all adult-use cannabis activities in the City of Bell Gardens ("City'); and (2) established regulations and discretionary review process to conditionally permit cannabis retail activities in the M-U (Mixed Use Residential/Commercial, C-S (Commercial Service and Professional), C-3 (Medium Commercial, C-4 (Heavy Commercial, C-M (Commercial- Manufacturing), and M-1 (Light Industrial) Zones. In addition to zoning requirements, cannabis retail locations are subject to Iocational siting requirements, including a 600-foot buffering requirement from schools, day cares, youth centers, and parks and a 500-foot buffering requirement from other retail cannabis locations. They are also prohibited in the Civic Center Overlay District (portion of Garfield Avenue from Florence Avenue on the south to Gage Avenue on the north) and a portion of the City's Downtown bounded by Interstate 710 (1-710) Freeway to the west, Lubec Avenue to the north, Ajax Avenue to the east (between Lubec Avenue and E. Florence Avenue), Florence Avenue to the south (between Ajax Avenue and Eastern Avenue), Eastern Avenue to the east (between E.
Florence Avenue and Live Oak Street), and from the southwest corner of Eastern Avenue and Live Oak Street due west to the 1-710 Freeway. The life span of a CUP is 18 months unless a development agreement with the City is executed. Cannabis retail operators must also obtain a Business Regulatory Permit pursuant to Title 5 of the BGMC prior to commencing operations. While the Iocational siting requirements limit the number of viable sites available for cannabis retail, in particular as projects are approved, Ordinance No. 934 does not contain a hard cap on the number of CUPs or Business Regulatory Licenses that may be issued.
At the regularly scheduled City Council meeting of February 26, 2024, the City Council directed staff to return with a report identifying the number of active cannabis retail applications, their locations, and options for the City Council to consider limiting the total number of retail locations, along with a potential option for the City to open and close the application process.
387
Application Processing:
Since the enactment of Ordinance No. 934, a total of seven applications have been submitted. Two applications have been presented to the City's Planning Commission for consideration of approval of a Conditional Use Permit ("CUP") and recommendation to the City Council to execute a development agreement. At the February 19th Planning Commission meeting, the two items were continued until the next regularly scheduled meeting. The proposed locations as of the writing of this report are demonstrated in Figure 1. Current Retail Cannabis Applications.
Applications for a cannabis retail use are highly scrutinized during staff review to ensure regard for character of the surrounding area and protection of nearby persons or occupants in the neighborhood. If found to be justified and supported by evidence of neighborhood disruption, added conditions may be placed upon the project to increase compatibility.
The ordinance to conditionally permit and regulate cannabis retail activities within the City limits permit staff's ability to impose conditions of approval on the implementation and operation of a cannabis retail use. Typical conditions of approval include strict adherence to all applicable local, state, and federal regulations, hours of operation, a duty to keep the property free of debris and graffiti, the prohibition of on-site consumption, and other conditions that address site specific concerns.A sample of what conditions of approval my look like are contained in Exhibit 1, for discussion purposes only and are necessarily full and exhaustive list of what conditions may apply. The applicable conditions of approval may vary from site to site depending on the neighborhood context and specific concerns applicable to a subject site to buffer the use from sensitive receptors and/or vulnerable populations.
Options to Limit Cannabis Retail:
As stated above, the Bell Gardens Municipal Code places the following Iocational siting requirements for a cannabis retail use:
(1) Permitted in the M-U (Mixed Use Residential/Commercial, C-S (Commercial Service and Professional), C-3 (Medium Commercial, C-4 (Heavy Commercial, C-M (Commercial-Manufacturing), and M-1 (Light Industrial)Zones only;
(2) Must be located a minimum of 600 feet from a school, day care center, youth center, or park; (3) Must be located a minimum of 500 feet from any existing cannabis retail location at the time of application; (4) May not be located in the Civic Center Overlay District ("CCOD"); and (5) May not be located within the a portion of the City's Downtown between Interstate 710 (I-710) Freeway to the west, Lubec Avenue to the north, Ajax Avenue to the east (between Lubec Avenue and E. Florence Avenue), Florence Avenue to the south (between Ajax Avenue and Eastern Avenue) and Eastern Avenue to the east (between E. Florence Avenue and Live Oak Street), and from the southwest corner of Eastern Avenue and Live Oak Street due west to the I-710 Freeway, irrespective of the zoning.
Due to the 500-foot buffering requirements between cannabis retail uses, the number of viable sites shall be reduced as projects are approved, but Ordinance No. 934 does not establish a hard cap on the number of CUPs or Business Regulatory Licenses that may be issued.
Pursuant to the City Council's request, staff is presenting the following options for the City Council to consider:
388
1. Receive and File this Report
Upon consideration of this report, the City Council may take no further action and receive and file this report.
Application processing pursuant to the requirements of Ordinance No. 934 would continue and be subject to Planning Commission review prior to City Council.
2. Open and Closed Application Processing Periods
One option for the Council's consideration is to amend Title 9 (Land Use and Regulations) of the BGMC to provide an open and closed application period. Opening and closing the application period process could limit the number of applications submitted to the City. However, the opening and closing of an application period would not place a definitive number on the number of retail storefronts that could ultimately be approved. During an open application period, the City could not necessarily limit the number of applications, and ultimately would not achieve the desired goal to limit the number of cannabis retail approvals. Additionally, staff would require further direction on what criteria would trigger opening and closing the application process. Implementing such a process may also present additional burdens and costs in terms of monitoring the process and advertising the availability of application processing.
Alternatively, City Council could direct staff to bring back an ordinance that amends Title 9 with a definitive application closure date to prohibit the submittal of any more cannabis retail applications after a date certain.
3. Limit the Number of CUPs on a Per Capita Basis
Another option for the City Council's consideration would be to amend the BGMC to limit the number of CUPs on a per capita basis. Limiting the number of licenses within the City at any given time could address concentration concerns based on population of the City or the region's census tracts based on the U.S. Census 2020 population estimates. The U.S. Census Bureau categorizes the City's geographic area by population and land area in square miles in which there are nine (9) census tracts assigned that could be used to create certain thresholds that promote compatible commercial development. However, the credibility of data presented in the 2020 U.S. Census has been largely questioned due to challenges in collecting responses during the COVI D-19 pandemic. Ultimately, this formula may work contrary to the City Council's desire if the City's population continues in a downward trend, due to the population drop presented between the 2010 Census (42,072 population) and the 2020 Census (39,501 population).
4. Limit the Number of Business Regulatory Permits
Market saturation, the City's ability to regulate and enforce ordinance provisions, and quality control could be contained within the intent and purpose of an ordinance that would amend BGMC Title 5 (Business Licenses, Regulations and Taxes) for the Council's consideration to further regulate the cannabis retail industry within Bell Gardens and permit only a certain number of cannabis retail licenses. In addition to the requirement to obtain a CUP, prospective cannabis retailers must also obtain a Business Regulatory Permit pursuant to Title 5 of the BGMC.
Limiting the number of Business Regulatory Permits would also accomplish the same goal of ultimately limiting the number of retailers within the City limits.
ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act ("CEQA") (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), this report is categorically exempt pursuant to CEQA Guidelines Section No. 15306 (Class 6, Information Collection). This report consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded.
Any subsequent action to consider and approve a future ordinance may be subject to the requirements of CEQA. 389
CONCLUSION:
Staff recommends the City Council receive and file the report or direct staff to draft an ordinance pursuant to the one of the foregoing options to regulate the number of approval cannabis retail uses within the City limits.
ATTACHMENTS:
Exhibit 1 - Sample of Conditions of Approval
Figure 1 - Current Retail Cannabis Applications
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 390
EXHIBIT 1
SAMPLE CONDITIONS OF APPROVAL
(For discussion purposes only, the actual conditions of approval may vary from project to project)
General Operating Conditions
1. The Subject Site shall be improved, maintained, and operated in accordance with:
a. The application on file in the Community Development Department and Exhibits through included in the staff report which are attached and incorporated herein by this reference.
b. All applicable laws, including but not limited to, the BGMC, the Bell Gardens Zoning Ordinance, the Business and Professions Code, Los Angeles County Department of Public Health, and the California Department of Cannabis Control (DCC).
c. All the conditions of approval as set forth in this Planning Commission Resolution for CUP No.
d. The terms and conditions set forth in DA No.
2. All conditions stated herein shall be binding upon the Applicant, their successors-in- interest, and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy, and shall restrict and limit the construction, location, and conditional use and maintenance of all land and structures adjacent to or within the vicinity of the Subject Site. Failure to adhere to these conditions of approval may result in revocation pursuant to the process set forth in Section 9.62.010 of the BGMC.
The conditions herein shall run with the land. However, any successor-in-interest must obtain the proper approvals to assign or transfer the rights, interests, and obligations pursuant to the DA No. in order to effectuate the rights and obligations set forth in this CUP and obtain a business regulatory permit pursuant to BGMC Chapter 5.12 and Chapter 5.64.
3. CUP No. shall be valid strictly for a state DCC Type 10 license as defined by the DCC . Prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card or equivalent sign off from the Building and Safety Division for the Subject Site, the Applicant shall submit a copy of its business regulatory permit and Type 10 license as approved by DCC to the City of Bell Gardens Community Development Department. Cannabis cultivation, cannabis manufacturing, cannabis laboratory testing, and cannabis distribution are strictly prohibited and shall constitute grounds for revocation and termination of all rights hereunder.
All rights hereunder shall terminate within eighteen (18) months from the date of issuance of the first building permit for the Subject Site after the approval of CUP No. unless DA No. is approved for a longer period of time, not to exceed ten (10) years. For the purposes of this condition, "building permit" shall have the same Exhibit 1 391
definition as BGMC Section 9.20.160(D).
CUP No. shall be valid strictly in compliance with DA No. ; any privileges granted hereunder shall become null and void should there be a violation hereof.
4. The abandonment or non-implementation of the conditions stated in this CUP No. for a period of one (1) year from the effective date of the CUP shall terminate the CUP, and any privileges granted there under shall become null and void; unless a written time extension for a period not to exceed one (1) year is granted by the Planning Commission. A written request to extend the time to comply with the conditions of approval stated in the CUP must be submitted to the Bell Gardens Community Development Department at least thirty (30) days prior to the expiration of the one (1)-year period.
5. Consistent with Condition No. 2, in the event of a transfer of ownership, rights, interests, obligations and/or privileges of the Subject Site involved with this CUP No. , the transferee shall be fully informed and consent to the conditional use and development of Subject Site as setforth by this CUP togetherwith all conditions, which are stated herein.
6. The Applicant shall comply with all applicable City, county, DCC, and other state regulations as they pertain to the sale of cannabis. Violation of any of the conditions of CUP No. or of any city, county and/or state law or regulation pertaining to the sale of cannabis shall be cause for revocation and termination of all rights hereunder.
7. The Applicant shall obtain all necessary permits and licenses from the state, City, and county agencies, including but not limited to, Fire Department and Industrial Waste for the proposed improvements and business operations on the Subject Site.
8. Prior to issuance of a building permit, the Applicant shall submit payment for the Bell Gardens Development Impact Fee(s) pursuant to BGMC Chapter 3.27. For the purposes of this condition, "building permit" shall have the same definition as BGMC Section 9.20.160(D).
9. Prior to issuance of a building permit, the Applicant shall submit design or payment for the Bell Gardens Art in Public Places pursuant to BGMC Chapter 9.71. For the purposes of this condition, "building permit" shall have the same definition as BGMC Section 9.20.160(D).
10. City staff, including but not limited to, the City Manager, Community Development Department, Bell Gardens Police Department, Los Angeles County Fire Department, and DCC shall have the right-of-entry at any time to inspect the Subject Site to verify compliance with these conditions of approval, terms set forth in DA No. and the BGMC, including but not limited to the operating requirements set forth in Section
5.64.040 and all state and county laws and regulations.
Exhibit 1 392
11. Prior to commencing operations, owner/operator must possess a valid retail license, issued by the Department of Cannabis Control, pursuant to Division 10, commencing with Section 26000, of the California Business and Professions Code.
12. Prior to commencing operations, the owner/operator must obtain a business regulatory permit pursuant to BGMC Chapter 5.12 and Chapter 5.64. Consistent with the requirements Section 5.64.020 of the BGMC, the owner/operator shall commence operations within one (1) year of issuance of a business regulatory permit. Failure to commence operations within one (1) year of the issuance of a business regulatory permit shall constitute grounds for revocation and termination of all rights hereunder.
13. The Director of Community Development and/or their designee(s) shall be authorized to make minor modifications to this CUP No. or any of the conditions specified herein if the modifications shall achieve substantially the same results as would strict compliance with the approved conditional use permit and conditions.
14. The Subject Site shall be developed, maintained, and used in a neat, quiet, and orderly condition and all uses on the Subject Site shall be operated in a manner that shall not disturb or be detrimental to adjacent properties, surrounding land uses, or occupants.
15. Hours and days of exterior building construction and site improvements shall be as follows: Monday through Saturday, not before 8.00 A.M. and not after 7.00 P.M. on the same day. No construction or grading shall take place on Sundays and City observed holidays.
16. The Applicant shall ensure that the Subject Site is properly maintained, secured, and free of debris at all times/phases of construction.
17. Prior to commencing the construction of the Project, the Applicant shall submit a site plan indicating on-Subject Site vehicular and pedestrian traffic circulation during all stages of construction to the Community Development Department for review and approval.
18. The Subject Site and surrounding area shall be maintained in a manner free of graffiti. Any graffiti that should appear on buildings, walls, or other private property on the Subject Site shall be removed within forty-eight (48) hours of being observed or reported. If painting is required, the paint shall be identical to the existing color.
19. During operations, the Subject Site and adjacent public rights-of-way(ROW), inclusive of the alley adjacent north of the Subject Site, shall be maintained in a clean and well- kept condition, free of debris and litter at all times.
20. The Subject Site's landscaping areas shall be fully planted pursuant to the approved Landscape Plan (incorporated by reference herein as Exhibit ) and always maintained (free from debris, litter, and wilted or dead live scape removed and Exhibit 1 393
replaced) for the life of the permit.
21. The Applicant and/or their designee shall ensure that any existing public telephones located on the premises be removed from the Subject Site. The installation of any outside public telephone shall be prohibited on the Subject Site and the public ROW.
22. The hours of operation at the Subject Site shall be restricted as follows: 10.00 a.m. until 10.00 p.m. Monday through Sundays, with the last delivery order to be placed by 9.00 p.m. and all delivery vehicles returned no later than 10.00 p.m.
23. The installation of signs on the Subject Site shall be in accordance with the provisions in BGMC Chapter 9.48. The Applicant shall obtain approval from the Community Development Department in this conditional use permit site plan update and a building permit for the installation of any signs on the property shall be obtained prior to the installation. Temporary signs, such as banners, pennants and flags shall be prohibited, except for any traffic/safety signs specific to construction activity.
24. Signs prohibiting loitering, smoking, and vaping on or around the Subject Site shall be posted and maintained to the satisfaction of the Bell Gardens Police Department prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof.
25. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, the Applicant shall work closely with the Bell Gardens Police Department in updating the Security Plan (Exhibit ) to guarantee adequate security measures are provided on the Subject Site, inclusive of the surface parking lot, at all times.
26. There shall be no outdoor storage permitted on the Subject Site at anytime.
Cannabis Retail — Conditional Use Operating Conditions
27. These conditions of approval must be posted in a conspicuous location for public viewing within the establishment on a continuous basis for the life of the Project beginning on the date that operations at the Subject Site commence.
28. The establishment shall only allow patrons of the age twenty-one (21) and older, with presentation of a valid government-issued identification card or eighteen (18) and older with a physician's recommendation.
29. No persons under the age of twenty-one (21) shall be employed to sell cannabis or cannabis products at the Subject Site.
30. An electronic age verification device shall be purchased and retained at the Subject Site to determine the age of any individual and shall be installed at each point-of-sale location prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof.
Exhibit 1 394
31. The electronic age verification device shall be maintained in operational condition at all times, at each point-of-sale location, and all employees shall be instructed in its use. If an age verification device fails to operate at any point-of-sale location, no sales shall take place at that point-of-sale location until the age verification device is repaired and operational.
32. Owner/operator shall abide by all laws applicable to cannabis retailers pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Bus. & Prof. Code § 26000 et seq.) and related Medicinal and Adult-Use Commercial Cannabis Regulations (Cal. Code Regs., tit. 4, § 15000 et seq.).
33. Signs advertising cannabis brands or the availability of cannabis or cannabis products for sale at the Subject Site shall not be visible from the exterior of the building at all times.
34. The display of cannabis and cannabis products shall be interior only (no outdoor display) at all times.
35. Other than limited amounts of cannabis used for interior display purposes or immediate sale, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss at all times.
36. There shall be no food, beverage, video or pinball games, televisions, or similar loitering attractions accessible to customers, persons engaged in sales or any transactions, and/or patrons, on the Subject Site at all times.
37. There shall be no samples provided for the on-site consumption of cannabis and cannabis products at any time.
38. There shall be no sale or display of cannabis products that is in the form of an alcoholic beverage, including, but not limited to, an infusion of cannabis or cannabinoids derived from industrial hemp into an alcoholic beverage at any time.
39. There shall be no sale of cannabis and cannabis products over the daily legal limit to any single patron at any time, pursuant to California Health and Safety Code Section 11357.
40. All cannabis and cannabis products purchased by patrons shall not leave the Subject Site unless they are placed in an opaque packaging at any times.
41. Consumption of cannabis and cannabis products on-site is strictly prohibited, outside of the building either on the public ROW or anywhere on the Subject Site at all times.
42. Pursuant to California Labor Code Section 6404.5(c), smoking in the facility shall be strictly prohibited at all times. There shall be no display of ashtrays, or other Exhibit 1 395
receptacles for the purpose of collecting smoke-related debris within the interior or exterior of the building at the Subject Site.
43. Cover charges, entry fees, or minimum purchases for patrons visiting the facility shall be strictly prohibited.
44. The authorized conditional use shall be conducted at all times with due regard for the character of the surrounding neighborhood, and the right is reserved to the City Manager, Community Development Director, or their designee(s)to impose additional corrective conditions, if, it is determined that such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent or nearby properties.
45. The facility shall operate in accordance with the Security Plan, incorporated by reference and attached hereto as Exhibit at all times. Surveillance recordings shall be maintained for a minimum period of sixty (60) days and are intended for use by the Bell Gardens Police Department.
46. The facility shall operate in accordance with the Lighting Plan, incorporated by reference and attached hereto as Exhibit , at all times. All exterior portions of the site shall be adequately illuminated in the evening so as to make discernable the faces and clothing of persons utilizing the space. Lighting shall be directed onto the Subject Site without being disruptive to uses at the adjacent properties.
47. The facility shall operate in accordance with the Odor Mitigation Plan, incorporated by references and attached hereto as Exhibit at all times.
48. The Bell Gardens Police Department shall be notified within twenty-four (24) hours of any diversion, theft, loss, or other criminal activity on the premises that occurs at any point after the approval of this CUP.
Building/Site Improvements
49. The proposed site improvements on the Subject Site shall be subject to review and approval by the Planning and Building and Safety Divisions. All proposed improvements shall be completed in accordance with the provisions of the California Building Code as amended by Title 26 of the Los Angeles County Building Code. All required permits from the Building and Safety Division shall be secured prior to commencing the construction of the Project. For the purposes of this CUP, the term "construction" includes any demolition, grading, and construction activities, inclusive of tenant improvements.
50. All improvements at the Subject Site shall comply with all Americans with Disabilities Act (ADA) requirements as part of the Building and Safety plan check process.
51. The Applicant shall be responsible for submitting plans for Building and Safety plan check and obtain permits for all the work proposed on the Subject Site.
Exhibit 1 396
52. Vehicles associated with the construction activities at the Subject Site shall not be permitted to park on the public ROW, inclusive of the alley adjacent of the Subject Site.
53. Temporary storage of building materials shall be contained within the Subject Site and shall be properly secured and screened during all stages of construction.
54. During all stages of construction, the Subject Site shall maintain a six-foot (6') high chain-link fence and gates around the entire perimeter of the Subject Site. The gates shall be closed and locked after construction hours.
55. Contractors and subcontractors engaged in the construction activities at the Subject Site shall obtain a business license and all required permits from the City of Bell Gardens.
56. The Project does not include any consideration or approvals for signage. Prior to the installation of any signs at the Subject Site, the Applicant shall submit three (3) sets of sign plans for review and approval to the Community Development Department. Sign plans shall include elevations, lettering, colors, dimensions, and installation methods.
57. Prior to submittal of plans to Building and Safety plan check, the Applicant shall submit a color and material sample board for the exterior building materials and paint colors for trims, wall surfaces, moldings, decorative awnings, frame and glass for all windows and doors, and other exterior building elements shall be subject to review and approval by the Community Development Department. Subsequent construction of the Project shall substantially comply with the approved exterior building elements.
58. Prior to issuance of a building permit, the Applicant shall submit for review and approval to the Community Development Department a sample of the window frame and glass that shall be utilized on the door and windows of the building. Pursuant to Section 9.20.160(B)(3) of the BGMC windows facing the street frontage shall be clear, untinted glass. Mirror, reflective, or tinted glass may only be permitted as an architectural or decorative accents and shall comprise no more than twenty percent (20%) of the window. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.
59. Decorative railings and grilles that are placed in front of or behind windows shall be at least 75 percent (75%) open to perpendicular view and no more than six feet (6') in height. Security gates and grilles shall be prohibited on the exterior of any structure.
60. Pursuant to Section 9.38.110 of the BGMC, a minimum loading space of 250 SF is required. Parking depicted on the Subject Site shall be iterated to provide a loading space prior to submittal of plans to Building and Safety plan check.
Exhibit 1 397
61. Prior to submittal of plans to Building and Safety plan check, the Applicant shall submit to the Community Development Department, pursuant to Section 9.48.030 of the BGMC, signage specifications for approval.
62. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, the roof drainage system shall be integrated into the walls of the building so that there are no visible downspouts to the satisfaction of the Building and Safety Division.
63. Any new roof mounted mechanical equipment, including any air compressor units, shall be installed a minimum of six inches (6") below the lowest building parapet in order to prevent the visibility from public ROW. Compliance shall be demonstrated to the satisfaction of the Building and Safety Department prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof.
64. The rolling gates located along the public alley ROW shall remain closed at all times, with the exception of trash service days.
65. The following construction practices shall be implemented by all Project contractors to reduce construction noise levels:
a. Ensure that construction equipment is properly muffled according to industry standards, and all equipment shall utilize noise shielding and muffling devices. b. Locate the construction staging area and noise-generating equipment away from adjacent residents as much as feasible.
66. The Applicant shall work closely with City staff to coordinate appropriate accommodations for commercial waste service on the Subject Site prior to issuance of any Project building permit. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.
67. Proposed and required on-Subject Site and off-Subject Site improvements shall be completed by the Applicant prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof by the City on the Subject Site.
68. Water heater enclosures, vents, flashings, pipes, and conduits for solar or other wall- mounted equipment shall be painted the same color as the surface to which they are attached to the satisfaction of the Building and Safety Department, prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, or equivalent thereof by the City on the Subject Site.
69. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, all cable television service connections to the Project shall be installed underground. All cable and connectors shall be screened completely from view and within the building served.
Exhibit 1 398
Visible cabinets and boxes shall be treated to match the materials and colors of the buildings. The Applicant is responsible for contacting the cable company and arranging cable installation at the appropriate stage of construction. The type and location of cable installation is subject to approval of the Community Development Department and the construction coordinator of the cable television company servicing the area prior to issuance of Project building permits.
70. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, all electrical service connections to the Project shall be installed underground. All surface or ground mounted mechanical equipment including terminal boxes, pull boxes and electric meter cabinets shall be screened from public view and treated to match the materials and colors of the adjacent building. The Applicant is responsible for contacting Southern California Edison and arranging electrical service at the appropriate stage of construction. Installation of mechanical equipment is subject to approval by the Community Development Department and the customer service planner at Southern California Edison Company prior to issuance of Project building permits. For the purposes of this condition, "building permit" shall have the same definition as Section
9.20.160(D) of the BGMC.
71. The trash enclosure on the Subject Site shall be constructed with a six-foot (6') high split face concrete masonry unit block wall. A six-foot (6') high metal gate shall be installed and provided with a self-closing and self-latching mechanism. The top of the structure shall be protected with a decorative metal trellis.
Landscaping
72. All designated landscaping areas, including but not limited to parkway areas shall be fully planted to the satisfaction of the Building and Safety Division prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card or equivalent thereof by the City.
73. Landscaped areas shall always be maintained by the Applicant at all times.
Public Works Department
74. The Applicant shall designate an ADA path of travel in ROW, and complete repairs to concrete sidewalks and drive approaches for ADA compliance.
Parking Lot/Site Maintenance
75. The Subject Site and adjacent public ROW shall be cleared of all construction debris prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent approval by the Community Development Department.
Exhibit 1 399
76. All parking spaces, drive aisles, walkways, shall be free of gouges, ruts, and/or gaps in the paved surface area and shall be maintained in good working order to not constitute a safety hazard to the public.
77. The proposed parking lot area including but not limited to vehicle maneuvering areas within the Subject Site shall be improved with asphalt pavement to the satisfaction of the Community Development Department. Parking lot and public ROW, inclusive of sidewalk areas immediately adjacent to the Subject Site shall be pressure washed quarterly to remove oil stains and maintained clear of trash, debris, and outside storage at all times.
78. All designated parking spaces shall be stripped in accordance with the BGMC and provided with concrete wheel stops at the front end of each parking space.
79. Any required ADA truncated domes shall be composed of stamped concrete and shall be a dark gray color.
80. The repair or maintenance of any vehicles on the Subject Site, public ROW such as a street or alley, including but not limited to oil change or adding fluids to vehicles, shall be strictly prohibited. Signs shall be posted throughout the parking lot area stating that repair and maintenance activities at the Subject Site are prohibited.
81. Inoperable vehicles shall not be parked within any designated parking spaces, drive aisle, or public ROW adjacent to the Subject Site at any time.
82. Prior to issuance of a building permit, the Applicant shall submit fence/walls plans to the Community Development Department, Planning Division for review and approval in accordance with BGMC Chapter 9.32 (Fence, Walls, and Hedges).
83. Prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, a suitable, functional design of a new perimeter fence surrounding the Subject Site shall be installed, where applicable, to the satisfaction of the Community Development Department. The existing metal fence at the front and rear property lines of the Subject Site shall be refurbished with materials and colors compatible with the overall Project design. The type and color of the metal fence shall be subject to review and approval by the Community Development Department. All fences and walls on the Subject Site shall be maintained and in good condition at all times.
84. The heights of all new fences shall be measured from the highest finished grade level on either side of the Subject Site's property line.
85. The existing recycling collection facility located at the Subject Site shall cease operations on the Subject Site. Prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card or equivalent approval by the Community Development Department all structures, containers and equipment supporting the recycling collection facility shall be Exhibit 1 400
removed from the Subject Site to the satisfaction of the Building and Safety Division.
Miscellaneous
86. The installation of outside public telephones shall be prohibited on the Subject Site and the public ROW.
87. The owner of the Subject Site, the Project Applicant, if different from the property owner, and each of their heirs, successors in interest, and assigns, shall defend, indemnify, and hold harmless the City and its officials, agents, officers, and employees from any and all claims, actions, or proceedings brought by any party to attack, set aside, void or annul, rescind, or otherwise challenge the approval of the Project or the approval of any entitlement related to the Project by the City Council, Planning Commission, or its staff, including but not limited to, environmental determinations.
Such indemnification and hold harmless shall include damages, judgments, settlements, penalties, fines, and defensive costs and expenses, incurred by, or ordered against the City in connection with or arising out of such claims, actions, or proceedings, including but limited to, interest, reasonable attorneys' fees and costs, or expert witness fees, incurred by the City. The City shall promptly notify the Applicant of any claim, action or proceeding and the City and Applicant shall mutually cooperate fully in the defense thereof.
88. The Applicant shall sign, notarize, and return to the Community Development Department an affidavit accepting all conditions of approval of this CUP No. within fifteen (15) days from the approval of Resolution #PC and CUP No. . The Applicant acknowledges and understands that all conditions set forth in this Resolution are conditions precedent to the Commission's grant of approval and failure to comply with any condition contained herein shall render this CUP non- binding as against the City and shall confer the Applicant no legal rights under the law. This conditional use permit shall not become effective unless and until the Applicant returns the fully executed, notarized affidavit to the Community Development Director within the time stated. Failure to comply with this condition within the prescribed time period above shall render this CUP null and void.
Exhibit 1 401
N rl CD a) rl CY) (1)
z N
O 6 6M C7 (3 cE
Z Z Z _ z 6 Z c,
F- E E E Z E Q
a Q o c- " E o cL
= = Ca = � � m
co co C\j cc> O
C► Lo Lo � z � o r-- Z
a) ai
cu ,
co Ca
O
C QAV
1116,
CL
Oil' c
K
0 Qn
1a u
ca
uaug
Poe Q
co
Csk 'ild O
p u OA cu
PMdP N, G a
CN
7 O
cn X
W
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
u
m
AG E N DA RE P O RT
Item 12.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services SUBJECT: KOUNKUEY DESIGN INITIATIVE (KDI) -OUR RESILIENT RIO BELL GARDENS GOLF
COURSE VISION PLAN FINAL PROJECT UPDATE
DATE: March 11, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council by motion receive and file the KDI Initiative - Our Resilient Rio Bell Gardens Golf Course Vision Plan final update.
BACKGROUND/DISCUSSION:
In August 2021 Kounkuey Design Initiative (KDI) submitted an application to the State Rivers and Mountains Conservancy Department and was awarded $200,000 in Proposition 1 Grant funding for the "Bell Gardens Recovery Project at the Bell Gardens Golf Course". With these funds, KDI surveyed members of the community to develop a vision plan for the space that is currently the Bell Gardens Golf Course. This vision plan is called "Our Resilient Rio - A Vision Plan for the Future of The Bell Gardens Golf Course" (Bell Gardens Golf Course Vision Plan).
PROJECT STATUS
To develop the Bell Gardens Golf Course Plan, KDI surveyed the community by hosting a variety of community workshops, information booths at the City's special events and programs. After gathering community feedback, KDI developed 3 versions of a vision plan for the future of the golf course using the input from the participating community members. KDI then hosted a picnic sharing the results of their efforts and the three vision plans they developed.
In October of last year, KDI presented the Council with the three options for the vision plan. Council selected their favorite option and offered some additional input. With that feedback, KDI consolidated the plans and developed one final version of the vision plan utilizing Council's preferred option and implementing their ideas.
CONCLUSION:
After receiving feedback from the Council, KDI has completed the final version of the "Our Resilient Rio-Bell Gardens Golf Course Vision Plan". KDI will independently seek funding for design, construction plans, specifications and estimates for the Vision Plan implementation.
FISCAL IMPACT:
KDI will independently seek funding for this next phase with no cost to Bell Gardens.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
403
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 404
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
u
m
AG E N DA RE P O RT
Item 13.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Assistant to the City Manager
SUBJECT: BELL GARDENS COMMUNITY STAKEHOLDER PRIORITIES SURVEY DATE: March 11, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council receive and file the report.
BACKGROUND/DISCUSSION:
The normal annual budget preparation and adoption process includes multiple opportunities for community stakeholder participation. As part of the City's upcoming budget preparation and adoption process for Fiscal Year 2024-25, the City will conduct a community stakeholder priorities survey. The main purpose of this survey is to determine stakeholder priorities that may be considered during the FY 2024-25 budget process. Stakeholders may include residents, businesses, property owners, and non-profits.
The survey will be nearly identical to the 2021 survey to allow comparative analysis, but future surveys may be different. The survey will be in Spanish/English, feature seven questions, including optional questions (name/address), respondent stakeholder type, a request to rank City services into a priority listing, and open space for additional information not specifically included in the list. The survey will primarily be online, but paper surveys will be made available at City offices as well. Survey drop-boxes will be made available for those paper survey results. It is possible that stakeholders may complete multiple surveys even while instructed not to, so as a check process, surveys will be mailed directly to a random sample of stakeholders along with return envelopes. The results of the direct mail survey may be compared with the results of the general online survey for comparative purposes.
The survey is anticipated to open on Thursday, March 21, 2024 and close on Sunday, April 21, 2024 to ensure that results are available for optimal inclusion in the budget process. The results of the survey will be compiled and presented to the Council at a meeting in May.
As previously mentioned, a nearly identical community stakeholder priorities survey was conducted as part of the budget preparation and adoption process for Fiscal Year 2021-22. In 2021, 180 surveys were received through the general online survey, 36 valid surveys were received through paper submittals, and 13 of the 200 direct mail surveys were also received. Total survey results were 216.
The results of the 2021 general online survey and paper submittals included the following top five priorities 1.) Crime Prevention/Public Safety/Police, 2.)Affordable Housing, 3.) City Financial Stability, 4.) Community Recreational, and
5.) Community Social Services.
The results of the 2021 direct mail survey submittals included the following top five priorities 1.) Commercial Development, 2.) Code Enforcement — Noise/Business/Residential, 3.) City Financial Stability, 4.) Community Recreational, and 5.) Community Social Services.
405
CONCLUSION:
Staff will finalize the community stakeholder priorities survey, create the online survey form, create the paper form, create and mail the direct mail survey, conduct outreach, then gather and compile the results for presentation and discussion with the City Council in May.
FISCAL IMPACT:
The community stakeholder priorities survey process is being conducted by City staff. Therefore staff time, IT resources, postage, etc. are already included within the existing budget.
ATTACHMENTS:
Exhibit 1 - Draft 2024-25 Bell Gardens Community Stakeholder Priorities Survey English Exhibit 2 - Draft 2024-25 Bell Gardens Community Stakeholder Priorities Survey Spanish APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 406
^pi^„
iuuiNNdaVuahN, �
�no�nrwrrn�ll ��
NNNNfn ulu N
N
�qD�I� �n 9nuqq(fpVV
W
IIII 7
202 III IIIIIIIII25 IIIII ll IIII IIII IIIII i IIIII iiii iiii iiii iiiiil iir IIPiirlii iiirlii°�iiiii de iiiir IIII hill iiii ° iiiir
co
rn iiii iiiii IIIII iiii iiii
The normal annual budget preparation and adoption
process includes multiple opportunities for
community stakeholder participation, including
public workshops and public hearings. As part of the
City's upcoming budget preparation and adoption
process for Fiscal Year 2024-25, the City has
developed this community stakeholder priorities
survey. The main purpose of this survey is to
determine stakeholder priorities that may be
considered during the FY 2024-25 budget process.
Stakeholders may include residents, businesses,
property owners, and non-profits.
1. What is your name? *optional
Name
Exhibit 1 407
2. What is your age? *optional
Q 9 - 24
Q 25 - 40
041 - 56
Q 57 - 75
Q 76+
3. What is your gender? *optional
O Female
O Male
O Other (please specify)
4. What is your address? *optional
Address
Address 2
City/Town
* 5. Are you a Bell Gardens...
Q Resident - Renter
Q Resident - Property Owner
Exhibit 1 408
0 Business Owner
0 Both a Resident & Business Owner
0 Non-Profit/Community Based Organization
* 6. Rank the following community priorities
Affordable Housing v
.......................�
Aquatic Center o o
City Financial Stability O O
Code Enforcement- O O
Noise/Business/Residential
Commercial Development o o
Community Social Services O O
Community Recreational Services O O
Crime Prevention/Public Safety/Police o o
Disaster Preparedness o o
Golf Course O O
Government Transparency O O
Exhibit 1 409
Graffiti Removal O O
Homelessness O O
Parking o o
Rent Control a a
Senior Services O O
Sidewalk Repair O O
Sidewalk/Street Vending o o
Street/Road Conditions (potholes, o o
gutters, street sweeping, etc.)
Traffic/Pedestrian Safety (speed O O
bumps, stop signs, etc.)
Trash/Recycling o o
Tree Trimming O O
Water Quality O O
Additional Priority 1 Not Listed (if o o
applicable)
Additional Priority 2 Not Listed (if O O
applicable)
Exhibit 1 410
Additional Priority 3 Not Listed (if
applicable)
7. If you ranked an additional priority/priorities,
please include them below.
Additional
Priority 1
Not Listed
(if
applicable)
F--
Additional
Priority 2
Not Listed
(if
applicable)
F--
Additional
Priority 3
Not Listed
(if
applicable)
Powered by
See how easy it is to create surveys and forms.
Privacy&Cookie Notice
Exhibit 1 411
f.S :'AIgOII....
^pi^„
iuuiNNdaVuahN, �
�no�nrwrrn�ll ��
NNNNfn ulu N
N
�qD�I� �n 9nuqq(fpVV
W
IIII 7
202 III IIIIIIIII25 IIIII ll IIII IIII IIIII i IIIII iiii iiii iiii iiiiil iir IIPiirlii iiirlii°�iiiii de iiiir IIII hill iiii ° iiiir
co
rn iiii iiiii IIIII iiii iiii
R proceso normal de preparacion y adopcion del
presupuesto anual incluye multiples oportunidades
para la participacion de los grupos interesados de la
comunidad, incluidos talleres publicos y audiencias
publicas. Como parte del proximo proceso de
preparacion y adopcion del presupuesto de la ciudad
para el ano fiscal 2024-25, la ciudad ha desarrollado
esta encuesta de prioridades de grupos interesados
de la comunidad. R objetivo principal de esta
encuesta es determinar [as prioridades de los grupos
interesados que pueden considerarse durante el
proceso presupuestario del ano fiscal 2024-25. Los
grupos interesados pueden incluir residentes,
empresas, propietarios y organizaciones no
lucrativas.
Exhibit 2 412
1. �Cual es to nombre? *opcional
Nombre
2. �Cual es to edad? *opcional
Q 9 - 24
Q 25 - 40
041 - 56
Q 57 - 75
Q 76+
3. �Cual es to genero? *opcional
Q hembra
Q masculino
Q Otra (especifique)
4. �Cual es to domiciho? *opcional
Domicilio
Domicilio 2
Ciudad
Exhibit 2 413
* 5. �Eres un(a)... de Bell Gardens?
Q Residente - Inquihno
Q Residente - Propietario de la propiedad
Q Propietario del negocio
Q Tanto un residente como un duefio de negocio
Q Organizacion sin fines de lucro/comunitaria
* 6. Clasifique [as siguientes prioridades de la
comunidad
Vivienda economica El
Centro Acuatico El El
Estabilidad financiera de la ciudad El El
Ejecucion de codigos - El El
Ru ido/Comercial/Residential
Desarrollo Comercial El El
Servicios Sociales Comunitarios El El
Servicios recreativos comunitarios El El
Prevencion del Delito/Seguridad El El
Publica/Policia
Exhibit 2 414
Preparacion ante desastres O O
campo de golf O O
Transparencia gubernamental o o
Limpieza de graffiti o o
Problemas con [as personas sin hogar O O
Problemas de estacionamiento O O
Control de rentas o o
Servicios para personas mayores o o
Reparacion de banquetas O O
Venta ambulante O O
Condiciones de la calle/ carretera o o
(hoyos, canaletas, barrido de calles,
etc.)
Trafico/Seguridad peatonal (topes de o o
velocidad, senales de parada, etc.)
Recoleccion de basura/Reciclaje O O
Poda de arboles O O
calidad del agua o o
Exhibit 2 415
Prioridad adicional 1 no listada (si O O
corresponde)
Prioridad adicional 2 no listada (si o o
corresponde)
Prioridad adicional 3 no listada (si n
corresponde) ...................
7. Si dasifico una prioridad/prioridades adicionales,
indu'yalas a continuation.
Prioridad
adicional1
no listada
(si
correspond
e)
Prioridad
adicional2
no listada
(si
correspond
e)
Prioridad
adicional3
no listada
(si
correspond
e)
ii
r
Exhibit 2 416
Con La tecnoLogfa de
/0,do,
Ve to fdciL que es crear encuestas yLormuLarios.
Aviso de privaciclad y Aviso de cookies
Exhibit 2 417
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
u
m
AG E N DA RE P O RT
Item 14.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Jules Tak, Accounting Manager
SUBJECT: FY2023-2024 MID-YEAR BUDGET REVIEW
DATE: March 11, 2024
RECOMMENDATION:
It is staff recommendation that the City Council:
1. Receive, discuss, and file the fiscal year 2023-2024 mid-year budget report.
2. Approve the following additional appropriations for fiscal year 2023-2024. Gen Fund CIP (115) $567,193, OTS (116) $100,000,ABC Grant (154) $35,000, Homeland Security Grant (155) $377,734, COPS Hiring Grant (172) $375,000, Gas Tax Fund (210) $50,133, Gas Tax Fund (210) $11,000, Community Development Block Grant (260) $4,000,000, Measure M (286) $27,000, Golf Course Fund (520) $14,000, PD-Reimburse Grant Funding (831) $72,000, PD-Reimburse Grant Funding (831) $10,000, Measure W (TBD) $60,000.
BACKGROUND/DISCUSSION:
On June 26, 2023, the City adopted the FY2023-2024 General Fund Budget. Revenues were budgeted at $42.43 Million and expenditures were presented at$41.7 Million.
Compared to the FY 2022-23, FY 2023-24 revenues were projected to be higher by$3.63 Million.
Adopted FY 2023-24 General Fund expenditures were budgeted to be higher by $3.07 million as compared to the prior fiscal year 2022-23. The major drivers of the increases were personnel services $2.0 Million; maintenance & supplies of $195K; contractual services of$611 K; capital outlay of$169K; debt services of$14K; transfers out to support other funds of$150K and a vacancy savings increased by$67K.
Based on the actual City operations, revenue and expenditure projections were recalculated to refine the bottom-line estimate for FY 2023-24. After making revenue and expenditure adjustments, the projected change in General Fund, fund balance for FY 2023-24 is a surplus of $187K. Revenues are projected to be $1.81 Million higher and expenditures are estimated to be $2.36 Million higher than the adopted budget. Below is a detailed discussion of the mid-year adjustments to revenue and expenditure.
Revenue Adjustments
As of February 22, 2024, revenues are projected to be higher by$1.81 Million which will bring the projected revenue to $44.24 Million. The City of Bell Gardens saw increases in a few areas as shown below.
M id-year revenue adjustments are detailed in the following table. � fttfttfftt
418
&I ydIe�..Cllu.b 11:::ees $17,951,569 $18,175,000 $223,431.... motou"V61,-ik le ll in 1 .lieu $5,500,000 $5,954,658 $454,658 I efu inns & Il ��uun°:I� u.�u°s� un:��u l (IC .ID Il 61ii, �° � °:b tu°ou°n: IV IC IB) $10,000 $400,000 'I $390,000 Building Permits $270,000 $400,000 'l $130,000 Property Tax-Secur
ed .... .... .... .... .... $1,400,000 $1,583,774 $183,774::
Billboard Lease Revenue $190,000 $300,000 'l $110,000 Emergency Food & Shelter Program $80,000 $171,500 $91,500 Waste Haulers FF - Residential $185,000 $250,000 '1 $65,000 Other Revenue Categories
g s .... .... .... .... $4,211,502 $4,373,477 $161,975 Total Adjustments $1,810,338
Expenditure Adjustments
Department expenditures were analyzed for actual expenditures through February 22, 2024, and each department reviewed their budgets. The focus of the review was to compare the adopted budget to the projected actual expenditures and to discuss with Finance for additional appropriations that may be needed to maintain services for the remainder of the year. Based on each department's review, no additional General fund Appropriations are needed at this time. These adjustments included the City Council approved appropriations during the year. The details are presented in the PowerPoint presentation.
Below is the detail of the changes to budgeted expenditures:
Personnel Services $27,185,339 $27,185,407 $26,362,358 ($823,049) Department Supplies $150365350 §150365350 $150355450 ($900) Contractual Services $1050115891 $1054165266 $1055 90,946 ' $1745680 Capital Outlays $153625500 §353375673 §350005837 ($3365836) Contingency $2005000 $2005000 $2005
000 -
Bonds $6105465 §6105465 §6105465
Transfers Out $252635121 $252635121 $25263
5121 -
Vacancy Savings ($9655188) ($9655188) $9655188 Total General Fund $41570 4,537 $4450845093 $4450635177 ', ($205917) CONCLUSION:
The Fiscal Year 2023-2024, mid-year budget report has been presented. Revenues are projected to be higher by $1.81 Million and expenditures are projected to be higher by $2.36 Million which included the Mid-Year adjustments and the City Council Approved appropriations during the year bringing the total projected expenditures to $44.06 Million.
FISCAL IMPACT:
419
If approved, the following additional appropriations will be added to the following funds Gen Fund CIP (115) $567,193, OTS (116) $100,000, ABC Grant (154) $35,000, Homeland Security Grant (155) $377,734, COPS Hiring Grant (172) $375,000, Gas Tax Fund (210) $50,133, Gas Tax Fund (210) $11,000, Community Development Block Grant (260) $4,000,000, Measure M (286) $27,000, Golf Course Fund (520) $14,000, PD- Reimburse Grant Funding (831) $72,000, PD-Reimburse Grant Funding (831) $10,000, Measure W (TBD) $60,000
ATTACHMENTS:
Exhibit 1 - FY23-24 Mid-Year Budget Presentation
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 420
,��d mo
r�W �
4y
III����N (40
u �r
/or
j 1
r�ry ��vh' � 1 �
rrn�l�ri°��a /r✓r�ruld'rdr')
sir a rig/rr�c/lr •
r rim
g l,�
i
vo = _
� N � a
y M a A A
CN
a N
a II`
Pa N I
III �yrli
V�V
III � NI
,\ � u4::IIlOWllllllllllllll � o
7:�
III III lii
Fill,.
3-I II
c�
Ln 00
Lni
END
END
II II II � �I � � liuuu
IIIIII0111
I � (� VI IIIIiIIIIIIIIIIIIP
C
.m
cn
GI) 00
cn m ullll
IIII
IIIII � 4� UIII�9
Ln III
III
sJ
al
rr�
eq
v +�
III II II �I � � � •�-� m llii�uuuuuur Q) 'u ul ��
7�
eq
C °I
.� IIIIIIIII'III; Gv G� � A A
III
f
sz
i
L1�
IIl�aaaaaaaa) � �!NV�
1���� !I�,-tttl� I� I„d
00 C,\
aum
nnmrcn cn ---I
111
C)
C) 00
T---1 Lr) 00
00 cn "71-
Lr)
00 Lr)
00 0 TONI
00 00
00 en
ulll
0 TONI
pm III
co O O � O O O Ln
p° m - o o m o r
Ln c cn co ion
bq= �
filb
O �
00 Lr)
IIIIIIIIIII�
Lr� O O 00 0 0 0 0 Lr n
� o o CZ)CZ) o
L N
w
o w
bJJ
a�
a� sa cd
y� bJJ
a� a�
O
N
P� P� pq a rq W O
N
N 00
O
S� N 0
CIO
C� �'
00 W M W
N M
� c-I
�.y
W "JJJJJJJJJJJJJJ,
M G�
W O V lam. •--� l�
M W
II
W i
i I
Woc) O
� yr �^
MO M p N O
M W O `n W `n
oc) M ti 0
cn A
cn
V bA V
------------------
^�� Q a
oc r- G1
� �
o Ln
M C14
� toq=
® e
W cn
a�
cn
N � U
4� ccn
a�
ap
4-1
aDO
DO
a� o
I
w
U
a�
a�
U �
�h•� U
\.J U
O
cd bq O
U U
U
U
D
DO
U
U w
� w
c� DO
VD VD �
U
DO MMMM•.1 U
O
U �
U
U �
O
U 0
U
U �h•�
U
\.J
h�l
`J
cn --
1 �
W
MMMM
a�
O
a�
O
i••I
cn v� bJJ
a� a�
•.ti �i
i—I •.ti
w
U
V
--
U
U
� U
DO
G�
ct
4VD a�
cis
a�
+J U
U
DO
WJ
O U
U
cn �"
U
U '•� U
a� O
U
I� ^
O v�
� H
•.1 cn
U
[[s••i O O
O
U
U
O U
cn
�
., .,
rT ,
C� a� �
a�
U �O
a�
�i � �I��--•II
�..�y a�
U U U [[[[[[[[V
U
O O
DO
DO
wiffia
I—I
�1
U
cd .,
•rl
V
a� a�
cd O
M U
U U •.1
U
N
•rl � �D
U U cn O
o o \10 r
cn �nCN
00 cN
i••I
DO DO
a�
U
D DO
U ct ct
a O
o J
DO ct
� �
DO
ap
DO
DO
u
4�
DO
7�
DO
421
co
� r
CN
Ln
7�
4�
4�
fN DO
4�
r � u
o 00
7�
4-J
4-J
4-J
4-J
FTI
Q
�n
C7
� o
O
C7
V
0 0
U
/n U
O
DO
O i••I s
U
O ^ ,
� f
O
I
O
O U
U
U
i••I
s
O
N
M
i+l O
DO
a� O
1-4
Ifffl Lr�
N
O
1 i^+l
i+l
O O
1 fJ
fffffi
/1
U
U
O
w
c7
M
r
a r
Q
N
r
r
r
� U
r
U
r
N
r
r
0 r
Sri
r
N r �
r
r
N
N
r
w
r �
w
o
0 r o
0 r
0 o
O rDO U +� DDODO
a
DO DO
DO
DO DO DO
r
0 � o
r � �
r
a
� H
H
r �
s.a
r
a�
c�
r
w
H
a� a�
c7
U
DO
� a
O r
C7
0 a� a�
w
r
Q
a
r
U
U
r
U
� U
N N N
r O
a�
i••l �
O
r
V
G G G
7 � U U U
DO DO DO
U U U J D-'
•O •O •O
WJ
i
r
O O O O
co
'•d
MM 1
� O
F�1
f
w w
1 V
4� I
O
r
� 1
r
/rl CN O N
i
r
1 J
O O O
O
00 O LO
N 00
C�r) M
O � �
� U
�-� Nc�
N
N
N
U
4 o
i
M
p y Ef3
ITt
I
1,
� M
N }
O
4-1 +.. O cn
'�
.. o
U
7:; N ¢a
cn cn
cn
N
N
7:; 7:;
U
• cn
c
cn +..
cn cn
cn
�U cn
U U
Hill
1 Illllllllllllllllllii � �' � V � � � � V Lrn
ljjj� N �'
�rrrrrrrr��r t4-4
I�1 �IUII���III O
ij
11�
' :;
N
7:; �
4.c.
U b�JO .� •�
co
jfflU
�
N U U l
ago
O O
1 Illllllllllllllllli V �q V V 0 � �rrrrrrrr��f t4-4 t N
O O
O c� O
(40
JH
r,
!r�
i�llirgmr i�Gllr�pi"F
i