Agenda packet — Bell Gardens City Council, March 11, 2024 (part 1 of 3)

CITY OF BELL GARDENS

CITY COUNCIL/SUCCESSORAGENCYTO THE COMMUNITY

DEVELOPMENT COMMISSION
ro.,

JOINT MEETING
MONDAY, MARCH 11, 2024, 6:00 PM
AGENDA
0 LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in-person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to Ci Cle es ell a e s.o no later than 72-hours before the scheduled meeting.

PUBLIC PARTICIPATION: The members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non- agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council /Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.

BY TELEPHONE: Phone Number: (66 ) 00- 128 Webinar I D: 813 3236 4343# Passcode: 2021 To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting I D: 813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council /Agency Members prior to consideration of the agenda, please submit 1 comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council /Successor Agency and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

PUBLIC HEARING: Public participation will be separately called for the public to provide comments at the time of each public hearing item. Speakers who wish to provide a comment should do so by submitting a "Public Comment Card" to the staff liaison, clerk, prior to the designated public comment period.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION MEMBERS
Gabriela Gomez, Council Member/Agency Member
Maria Pulido, Council Member/Agency Member
Francis De Leon Sanchez, Council Member/Agency Member
Marco Barcena, Mayor Pro Tern /Vice Chair
Jorgel Chavez, Mayor/Chair

PRESENTATIONS
• CERTIFICATE OF RECOGNITION - ROSARIO "EL CHAYITO" QUINTERO • CERTIFICATE OF RECOGNITION -TAQUERIA LOS ALTOS

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL/SUCCESSORAGENCY
During this time, the members of the public may address the City Council / SuccessorAgency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items.

Government Code Section 54590 prohibits the City Council / Successor Agency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

PUBLIC COMMENTS ONAGENDAITEMS ONLY
During this time, the members of the public may address the City Council /Agency Members regarding any items listed on the agenda. Public comments are limited to 3 minutes per person.

CITY MANAGER'S REPORT
CONSENT CAL E N DAR (item Nos. 1 -8)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action. 2 Items called for separate discussion will be heard as the next order of business.

1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

2. APPROVAL MINUTES OF FEBRUARY 26, 2024 CITY COUNCIL CLOSED SESSION AND

CITY/SUCCESSOR AGENCY JOINT MEETINGS
Approve the minutes of the February 26,2024 City Council Closed Session and City/Successor Agency Joint Meetings.

Recommendation:

It is staff's recommendation that the City Council approve the minutes of the February 26, 2024 Closed Session and City/Successor Agency Joint Meetings.

3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/08/2024, 02/13/2024 and 02/20/2024.

4. WARRANT REGISTER SUCCESSORAGENCY
In approving the action of receiving and filing the warrant registers, the official minutes of the Successor Agency should state that each individual member of the Successor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency Member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 02/13/24.

5. SIXTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN

CITY AND MICHAEL BAKER INTERNATIONAL FOR ADDITIONAL FUNDING FOR 3 ADMINISTRATION OF ADDED CDBG-CV AND PLHA PROGRAMS
A sixth amendment to the existing professional services agreement with Michael Baker International for additional funding for added administrative services for the City's new Community Development Block Grant-Corona Virus (CDBG-CV) and Permanent Local Housing Allocation (PLHA) programs.

Recommendation:

It is staff's recommendation that the City Council adopt the attached resolution approving a Sixth Amendment to the Professional Services Agreement between the City and Michael Baker International (Michael Baker) to provide additional funding for added administrative services for the City's new CDBG-CV Care Kits program and PLHA program.

6. FINAL TRACT MAP NO. 78222 FOR THE SUBDIVISION OF THREE PARCELS INTO ONE COMMON-OWNERSHIP PARCEL AND 48 RESIDENTIAL CONDOMINIUM PARCELS AT 8000 BELL GARDENS AVENUE (FILE NO. 2018-080)
Approval of Final Tract Map No. 78222 and recordation of the Final Map for the subdivision of three parcels into one common-ownership parcel and 48 residential condominium parcels located at 8000 Bell Gardens Avenue.

Recommendation:

It is staff's recommendation that the City Council adopt a Resolution approving Final Tract Map No. 78222 to record the Final Map for the subdivision of three parcels into one common-ownership parcel and 48 residential condominium parcels on 2.47 acres located at 8000 Bell Gardens Avenue, Bell Gardens, CA.

7. APPROVAL OF PROPOSITION 1 GRANT SUBRECIPIENT AGREEMENT FOR

REGIONAL RECYCLED WATER EXPANSION PROJECT
Consideration of a Resolution approving a Proposition 1 Grant Subrecipient Agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for the Regional Recycled Water Expansion Project.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution approving the Proposition 1 Grant Subrecipient Agreement for the Regional Recycled Water Expansion Project with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority;

2. Authorize the City Manager to execute the Proposition 1 Grant Subrecipient Agreement; and

3. Appropriate $50,000 from the General Fund as the City's local cost share.

8. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE FY 2022-2023 VARIOUS RESIDENTIAL STREET IMPROVEMENTS (CIP NO. 3919
The plans and specifications for the FY 2022-2023 Various Residential Street Improvements have been prepared. Approval of this item will allow the City to advertise the project for bids.

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.

DISCUSSION (Item Nos. 9 - 14)
4 9. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.

Recommendation:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

10. RESOLUTION AFFIRMING SUPPORT FOR THE CONGRESSIONAL AND WORLDWIDE

CALLS FORAN IMMEDIATE CEASEFIRE IN GAZA
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.

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.

11. COMMERCIAL CANNABIS PERMIT APPLICATIONS UPDATE
Request for direction on cannabis retail ordinance.

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.

12. KOUNKUEY DESIGN INITIATIVE (KDI) -OUR RESILIENT RIO BELL GARDENS GOLF

COURSE VISION PLAN FINAL PROJECT UPDATE
Kounkuey Design Initiative (KDI)final report on Our Resilient Rio Bell Gardens Golf Course Vision Plan.

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.

13. BELL GARDENS COMMUNITY STAKEHOLDER PRIORITIES SURVEY As part of the City's upcoming budget preparation and adoption process for Fiscal Year 2024-25, staff is recommending an enhanced community stakeholder participation tool in the form of a community stakeholder priorities survey. The main purpose of the survey will be to determine stakeholder priorities that may be considered during the FY2024-25 budget process.

Recommendation:
5 It is staff's recommendation that the City Council receive and file the report.

14. FY 2023-2024 M I D-YEAR B UDG ET REVIEW
Mid-Year review of the City's FY 2023-24 Operating Budget.

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.

CITY COUNCIL/SUCCESSORAGENCY MEMBER COMMENTS

ADJOURNMENT
Daisy Gomez, City Clerk
Agenda posted on March 7, 2024.
6 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
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m

AG E N DA RE P O RT
Item 1.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 DATE: March 11, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

BACKGROUND/DISCUSSION:

In order to expedite the conduct of business at Council meetings, California State Law(California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.

Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant information and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.

CONCLUSION:

Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

OFFICE OF THE CITY MANAGER
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m

AG E N DA RE P O RT
Item 2.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, Executive Director
BY: Daisy Gomez, City Clerk
SUBJECT: APPROVAL MINUTES OF FEBRUARY 26, 2024 CITY COUNCIL CLOSED SESSION AND

CITY/SUCCESSOR AGENCY JOINT MEETINGS
DATE: March 11, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council approve the minutes of the February 26, 2024 Closed Session and City/Successor Agency Joint Meetings.

BACKGROUND/DISCUSSION:

Every Closed Session and City/Successor Agency Joint Meetings the City Clerk documents the actions made by the Agency Members/City Council.

CONCLUSION:

If approved, the minutes of the Closed Session and City/Successor Agency Joint Meetings will be archived in the City Clerk's Office.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Minutes of February 26, 2024 Regular City Council/Successor Agency Joint Meeting Exhibit 2 - Minutes February 26, 2024 Closed Session
APPROVED ELECTRONICALLY BY:

CITY COUNCIL/SUCCESSORAGENCYTO THE COMMUNITY

DEVELOPMENT COMMISSION
ro.,

JOINT MEETING
M O N DAY, F E B RUARY 26, 2024, 6:00 P M

MINUTES
0 LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 PUBLIC PARTICIPATION: The members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non- agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

BY TELEPHONE: Phone Number: (66 ) 00- 128 Webinar I D: 813 3236 4343# Passcode: 2021 To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council /Agency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council /Successor Agency and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

Exhibit 1 9

CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on February 26, 2024, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Jorgel Chavez presiding. Mayor Jorgel Chavez called the joint meeting to order at 6:06 p.m.

INVOCATION
The invocation was given by Minister Daniel Anguiano.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chief of Police Paul Camacho.

ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION MEMBERS

Present:

Gabriela Gomez, Agency Member/Council Member
Maria Pulido,Agency Member/Council Member
Francis De Leon Sanchez, Agency Member/Council Member
Marco Barcena, Vice Chair/Mayor Pro Tern
Jorgel Chavez, Chair/Mayor

Absent:

None

PRESENTATIONS
• WOMEN'S HISTORY MONTH
Councilmember Gabriela Gomez read the certificate of recognition. • CERTIFICATE OF RECOGNITION - NMS WAFFLE AND GRILL
Mayor Jorgel Chavez read the certificate of recognition and presented it to Jessica Lee.

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL/SUCCESSORAGENCY
City Clerk Daisy Gomez announced that there were ten (10)written comments provided.

Nicole Lopez spoke in support of rent control.

Jose Sanchez spoke in support of rent control.

Irma Lopez spoke in opposition to rent control.

Melodie Cuevas spoke in support of rent control.

Exhibit 1 10

Martha Carrasco spoke in opposition to rent control.

Lincoln Fraga spoke in opposition to rent control.

Carmen Rodriguez spoke regarding rent control.

Rogelio Rodriguez spoke in opposition of retail cannabis.

Bruce Crow spoke regarding various topics.

Joaquin Beltran spoke in support of rent control.

Edgar Leon requested for speed bumps on Ira and Jaboneria.

Antonio Villanueva requested for speed bumps on Ira, Gephart, and Jaboneria.

Rodolfo Cortez spoke in support of rent control.

Lucia Veloz spoke in support of rent control.

Martha Pineda spoke in support of rent control.

Jasmine spoke in support of rent control.

Jorge Rivera spoke in support of rent control.

Jamila Cervantes spoke in support of rent control.

Mayra Rodriguez spoke in support of rent control.

Juan Martinez spoke in support of rent control.

Jocelyn spoke in support of rent control.

Leticia Guzman spoke in support of rent control.

PUBLIC COMMENTS ONAGENDAITEMS ONLY
City Clerk Daisy Gomez announced that there were no written comments received.

Bruce Crow spoke regarding Item Nos. 8 and 10.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.

CONSENT CAL E N DAR (Item Nos. 1 -9)
Exhibit 1 11

All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.

Items called for separate discussion will be heard as the next order of business.

A motion was made by Mayor Pro Tern Marco Barcena, seconded by Councilmember Francis De Leon Sanchez to approve Consent Calendar Item Nos. 1 -9.

The motion carried 5-0 with the following vote for Item Nos. 1 -9:

AYES: Gomez, Pulido, Sanchez, Barcena, Chavez
NOES: None
ABSENT: None
ABSTAI N: None

Recommendation:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

2. APPROVAL MINUTES OF FEBRUARY 12, 2024 CITY COUNCIL CLOSED SESSION AND

CITY/SUCCESSOR AGENCY JOINT MEETINGS
Approve the minutes of the February 12, 2024 City Council Closed Session and City/Successor Agency Joint Meetings.

Recommendation:

It is staff's recommendation that the City Council approve the minutes of the February 12, 2024 Closed Session and City/Successor Agency Joint Meetings.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 01/23/2024, 01/25/2024, 01/30/2024 and 02/06/2024.

Exhibit 1 12

Recommendation:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 02/06/24.

5. J AN UARY 2024 T REAS U RE R'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the January 2024 Treasurer's Report.

6. AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR AS-NEEDED BUILDING

INSPECTION AND PLAN CHECK SERVICES
Award of professional services agreement for as-needed building inspection and plan check services.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution;

2. Authorize the City Manager to execute a Professional Services Agreement with BPR Consulting Group, LLC to provide as-needed building inspection and plan check services, subject to City Attorney approval as to form; and

3. Appropriate $100,000.00 to fund as-needed services through Fiscal Year 2023-2024.

Resolution No. 2024-10 was approved.

7. APPROVAL OF SAFE STREETS AND ROADS FOR ALL PROGRAM FUNDING

AGREEMENT
Consideration of a Resolution approving a Safe Streets and Roads for All Program Funding Agreement with the Los Angeles County Metropolitan Transportation Authority.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution approving the Safe Streets and Roads for All Program Funding Agreement with the Los Angeles County Metropolitan Transportation Authority;

2. Authorize the City Manager to execute the Safe Streets and Roads for All Program Funding Agreement; and

3. Appropriate $50,132.25 of Gas Tax funds as the City's local match.

Exhibit 1 13

Resolution No. 2024-11 was approved.

8. INSTALLATION OF SPEED HUMPS ON IRA AVENUE BETWEEN CLARA STREET AND

GOTHAM STREET
Consideration of the installation of speed humps on Ira Avenue between Clara Street and Gotham Street.

Recommendation:

It is staff's recommendation that the City Council authorize the installation of two speed humps on I ra Avenue between Clara Street and Gotham Street.

9. ACCEPTANCE OF VARIOUS ALLEY IMPROVEMENTS PROJECT (CIP NO. 3930) AS

COMPLETE
Consideration of acceptance of the Various Alley Improvements Project as complete.

Recommendation:

It is staff's recommendation that the City Council:

1. Accept the Various Alley I mprovements Project (C I P No. 3930) as complete; and

2. Authorize staff to file the Notice of Completion.

DISCUSSION (Item Nos. 10 - 12)

10. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.

Recommendation:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

There was no action taken.

11. NATIONAL BIKE DAY EVENT AND BICYCLE MARKING IMPROVEMENTS Review of event logistics and details for the National Bike Day Event and Bicycle Marking I mprovements.

Recommendation:

It is staff's recommendation that the City Council receive and file this report.

Elizabeth Nava, Director of Recreation and Community Services, provided a presentation.

A motion was made by Councilmember Gabriela Gomez, seconded by Councilmember Francis de Leon Sanchez to receive and file this item.

The motion carried 5-0 with the following vote:

AYES: Gomez, Pulido, Sanchez, Barcena, Chavez
NOES: None
Exhibit 1 14

ABSENT: None
ABSTAI N: None

12. CONSIDERATION AND POSSIBLE APPROVAL OF CITY MANAGER EMPLOYMENT

AGREEMENT WITH CITY FOR CONTINUED APPOINTMENT OF EMPLOYEE AS CITY

MANAGER
Pending Closed Session Discussion and Deliberation City Council will consider and possibly approve the City Manager Employment Agreement with the City.

Recommendation:

It is recommended that the City Council approve an employment agreement with City Manager, Michael B. O'Kelly for continued City Manager employment to be made available to the public before consideration of this agenda item. The salient terms of the employment agreement will be disclosed to the public before approval of this item, as required by Government Code Section 54953(c)(3).

Stephanie Vasquez, City Attorney, orally reported the recommended summary on the salary and term of contract, pursuant to Government Code Section 54953(c)(3).

A motion was made by Councilmember Maria Pulido, seconded by Councilmember Gabriela Gomez to approve this item.

The motion carried 5-0 with the following vote:

AYES: Gomez, Pulido, Sanchez, Barcena, Chavez
NOES: None
ABSENT: None
ABSTAI N: None

CITY COUNCIL/SUCCESSOR AGENCY M EM BER COM M ENTS
Members of the Council and Successor Agency made community announcements and comments.

ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 8:07 p.m. and Closed Session was reopened and recessed at 8:07 p.m.

Daisy Gomez, City Clerk
Agenda posted on February 22, 2024.

Exhibit 1 15

°` .

CITY OF BELL GARDENS

CITY COUNCIL

REGULAR MEETING - CLOSED SESSION
MONDAY, FEBRUARY 26, 2024
5:00 PM

MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in person or virtually as instructed below. You may view the meeting live on the City's website at https-// www.beligardens.org/i-want to/watch-city-councii-meetings.

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to Ci yCler es ellpar ens.orp no later than 72-hours before the scheduled meeting.

PUBLIC PARTICIPATION: The members of the public may address the City Council on any item listed on the agenda. Public comments are limited to three (3) minutes. Public comments for non- agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to (3) minutes per speaker, unless different time is announced by the presiding chair. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" by 5:00 pm.

BY TELEPHONE: Phone Number: (66 ) - 18 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by ttps.//zoom.us/loin and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021 Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS: Public comments may be emailed to ulicComments ellparenseorp or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution Exhibit 2 16

to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7.30 a.m. to 6.00 p.m., Monday through Thursday at (562) 806-7704.

CALL TO ORDER
The Council Members of the City of Bell Gardens City Council held a regular meeting on February 26, 2024, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Jorgel Chavez presiding at 5.16 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Gabriela Gomez, Agency Member/Council Member Maria Pulido, Agency Member/Council Member Joined at 5.16 p.m.) Francis De Leon Sanchez, Agency Member/Council Member
Marco Barcena, Vice Chair/Mayor Pro Tem
Jorgel Chavez, Chair/Mayor

Absent: None

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
City Clerk Daisy Gomez announced that there were no written comments, and no public comments were provided.

CLOSED SESSION (Item Nos. 1 - 2):

City Attorney Stephanie Vasquez announced the Closed Session items. The City Council recessed into closed session at 5.12 p.m. to discuss the items listed on the agenda.

1. PURSUANT TO GOVERNMENT CODE SECTION 54957 — ANNUAL PUBLIC

EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO TERMS OF

AGREEMENT
Title: City Manager

2. PURSUANT TO GOVERNMENT CODE SECTION 54957.6 - CONFERENCE

WITH LABOR NEGOTIATOR
City Designated Representative: Stephanie Vasquez, City Attorney Exhibit 2 17

Unrepresented Employee: City Manager

CLOSED SESSION REPORT
The City Council reconvened to open session at 6:05 p.m., City Attorney Stephanie Vasquez announced that there was no reportable action for Item No. 2 and will continue Closed Session for Item No. 1 after the City Council/Successor Agency Joint meeting has been adjourned.

Closed Session was reopened to discuss Item No. 1 and recessed at 8:07 p.m. and reconvened at 10:47 p.m. City Attorney Stephanie Vasquez announced that there was no reportable action for Item No. 1.

ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 10:47 p.m.

Daisy Gomez, City Clerk
Agenda was posted on February 22, 2024.

Exhibit 2 18

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
m

AG E N DA RE P O RT
Item 3.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance &Administrative Services SUBJECT: WARRANT REGISTERS AND WIRE TRANSFERS
DATE: March 11, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/08/2024, 02/13/2024 and 02/20/2024.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 02/08/2024 02/13/2024 and 02/20/24. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.

CONCLUSION:

If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 02/08/2024, 02/13/2024 and 02/20/2024 will be received and filed.

FISCAL IMPACT:
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ATTACHMENTS:
warrant register
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 4.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance &Administrative Services SUBJECT: WARRANT REGISTER SUCCESSORAGENCY
DATE: March 11, 2024
RECOMMENDATION:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 02/13/24.

BACKGROUND/DISCUSSION:

The attached warrant register is for 02/13/24. The warrant register reflects the obligation of the Successor Agency to the Community Development Commission (Successor Agency)for the above referenced date.

CONCLUSION:

If the recommendation to the Successor Agency Members is approved, then the warrant register dated 02/13/24 will be received and filed.

FISCAL IMPACT:

Warrant register 02/13/24 12943 $8,557.60
Total Voucher $8,557.60�
Gra..n.::d Tota.l Vo.u.c.h.e..r...............................8,557 60 ATTACHMENTS:
warrant register
APPROVED ELECTRONICALLY BY:

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 5.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Deputy City Manager/Community Development Director SUBJECT: SIXTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN

CITYAND MICHAEL BAKER INTERNATIONAL FORADDITIONAL FUNDING FOR

ADMINISTRATION OF ADDED CDBG-CV AND PLHA PROGRAMS
DATE: March 11, 2024
RECOMMENDATION:

BACKGROUND/DISCUSSION:

The City participates in the U.S. Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) program through the Los Angeles County Development Authority (LACDA). On October 6, 2020, the City Council approved the Professional Services Agreement with Michael Baker International (Michael Baker) for CDBG Administration for the City's Fiscal Year 2020-2021 CDBG projects. The original Michael Baker proposal was in response to the City's Request for Proposals (RFP) dated April 28, 2020, for CDBG Program Implementation and Administration. The proposal also stated that an amendment would be required if other services were to be added to the scope of work.

Michael Baker has added administrative services for the City's new CDBG-CV Care Kits program and PLHA program. Therefore, Michael Baker's not-to-exceed cost of $35,834 to administer these programs increases their current budget of$279,600 to $315,434.

The specific costs of the CDBG-CV administration will be approximately $2,354 of the $35,834 budget increase, which will be paid from the remaining $10,354 amount left from the previous CDBG-CV business assistance program. The additional $33,000 of the $35,834 budget increase will be used to pay for the CDBG administration of the City's new PLHA Rental Assistance Program.

CONCLUSION:

This request is needed to continue the administration of existing funds for the purpose of maintaining the remaining CDBG-CV funds with the City, which will be used for preventive care in the form of sanitizer dispensing stations, care kits, and personnel time reimbursement if necessary. In addition, Michael Baker will be key in coordinating the funds for the City's new PLHA Rental Assistance program. Therefore, it is recommended that the City Council adopt the attached Resolution approving the Sixth Amendment to the Michael Baker Professional Services Agreement. 43 FISCAL IMPACT:

The consulting services to be provided by Michael Baker are based on hourly rates and an annual not-to-exceed sum. The total annual not-to-exceed sum is $315,434. These consulting services will be reimbursed with CDBG-CV and PLHA funds. Therefore, there will be no impact to the City's General Fund.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024-12
Exhibit 2 - Sixth Amendment to Agreement with Exhibits
APPROVED ELECTRONICALLY BY:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A SIXTH

AMENDMENT TO THE MICHAEL BAKER INTERNATIONAL

PROFESSIONAL SERVICES AGREEMENT FOR ADDITIONAL

FUNDING FOR THE ADMINISTRATION OF THE CDBG-CV AND PLHA

PROGRAMS
WHEREAS, on October 6, 2020, the City Council approved a Professional Services Agreement with Michael Baker International ("Consultant") for CDBG Administration for the City's FY 2020-2021 CDBG Program which was later amended by way of a First Amendment, Second Amendment, Third Amendment, Fourth Amendment and later a Fifth Amendment, for purposes of modifying Consultant's Services and Compensation; and WHEREAS, Consultant represents that it is fully qualified to perform such professional services by virtue of its experience, training, education, and expertise; and WHEREAS, the City of Bell Gardens ("City") is desire to approve of additional funding for Consultant to provide Community Development Block Grant COVID (CDBG- CV) and Permanent Local Housing Allocation (PLHA) program administration services; and WHEREAS, Consultant's budget will increase by a not-to-exceed amount of$35,834 to administer these programs, thereby increasing their current not-to-exceed amount of $279,600 to $315,434; and
WHEREAS, the City and Consultant desire to amend the Professional Services Agreement to revise the scope of services, compensation and insurance requirements.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony, and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council approves a Sixth Amendment to the Professional Services Agreement and authorizes and directs the City Manager to execute the Sixth Amendment to the Agreement with Michael Baker International attached at the staff report as Exhibit 2.

SECTION 3. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on the following page]
Exhibit 1 45

Resolution No. 2024-12
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
Exhibit 1 2�6 3

Resolution No. 2024-12
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
Exhibit 1 34 3

2024

SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Community Development Block Grant Implementation and Administration Services)
(Parties: City of Bell Gardens and Michael Baker International) THIS SIXTH AMENDMENT (hereinafter, "Sixth Amendment") to that certain agreement entitled "Professional Services Agreement" and dated November 5, 2020 (hereinafter, "Master Agreement"), is hereby made and entered into this day of , 2024 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and MICHAEL BAKER INTERNATIONAL, (hereinafter, "Consultant"). For purposes of this Sixth Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This Sixth Amendment is made and entered into with respect to the following facts:

WHEREAS, on November 5, 2020, the Parties executed and entered into the Master Agreement for the Consultant to provide assistance with Community Development Block Grant (CDBG) program implementation and administration; and WHEREAS, the Master Agreement was later amended by the City Council by way of a first amendment (hereinafter, the "First Amendment") for purposes of modifying Consultant's services and compensation provisions of the Master Agreement; and WHEREAS, the Master Agreement was again amended by way of a second amendment (hereinafter, the "Second Amendment") to expand the Consultant's services; and
WHEREAS, the Master Agreement was again amended by way of a third amendment (hereinafter, the "Third Amendment") to expand Consultant's services and compensation; and
WHEREAS, the Master Agreement was again amended by way of a fourth amendment (hereinafter, the "Fourth Amendment") to revise its hourly rates for Fiscal Year 2022-2023; and
WHEREAS, the Master Agreement was again amended by way of a fifth amendment (hereinafter, the "Fifth Amendment") to revise Consultant's services and compensation; and
WHEREAS, for purposes of this Sixth Amendment, the Master Agreement as amended by way of the First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment, may be referred to collectively as the "Master Agreement". The Master Agreement is attached and incorporated hereto as Exhibit "A"; and
1 Exhibit 2 48

WHEREAS, the Parties now wish to revise the Not-to-Exceed Compensation of the Master Agreement to allow for additional services; and WHEREAS, the additional Compensation for the services to be performed by Consultant are set forth and more particularly described in Consultant's February 15, 2024, "Amendment No. 6 to Current Agreement for Administration of CDBG-CV and PLHA Projects" (hereinafter, the "February 2024 Supplemental Proposal"), which is attached and incorporated hereto as Exhibit "B", and
WHEREAS, the Parties agree that Errors and Omission Insurance was intended to be required and a part of the Master Agreement since the time of original execution; and
WHEREAS, inclusion of such Errors and Omission Insurance language to this Sixth Amendment will be applicable to the Master Agreement since the time of execution on November 5, 2020.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 5.1 (CONSULTANT'S SERVICES) of the Master Agreement is hereby amended to include the additional services for the administration of CDBG-CV and PLHA Programs set forth in Consultant's February 15, 2024, "Amendment No. 6 to Current Agreement for Administration of CDBG-CV and PLHDA Projects" (hereinafter, the "February 2024 Supplemental Proposal"), which is attached and incorporated hereto as Exhibit "B".

SECTION 2. Section 6 (COMPENSATION) of the Master Agreement is hereby amended to increase the Not-to-Exceed Sum of TWO HUNDRED SEVENTY-NINE THOUSAND SIX HUNDRED DOLLARS ($279,600) by THIRTY-FIVE THOUSAND EIGHT HUNDRED THIRTY-FOUR DOLLARS ($35,834) for a new Not-to-Exceed Sum of THREE HUNDRED FIFTEEN THOUSAND FOUR HUNDRED THIRTY-FOUR DOLLARS ($315,434) to allow for the additional services.

SECTION 3. Section 11 (INSURANCE) of the Master Agreement is hereby amended to include Section 11.1.4 as follows:

11.1.4 Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.

SECTION 4. Except as otherwise set forth in this Sixth Amendment, the Master Agreement, First Amendment, Second Amendment, Third Amendment, Fourth 2 Exhibit 2 49

Amendment and Fifth Amendment, shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this Sixth Amendment, together with the Master Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 5. The provisions of this Sixth Amendment shall be deemed a part of the Master Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment, and except, as otherwise provided under this Sixth Amendment, the Master Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment, and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Sixth Amendment and the provisions of the Master Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment, the provisions of this Sixth Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment, and no further.
[SIGNATURES ON NEXT PAGE]
3 Exhibit 2 50

IN WITNESS WHEREOF, the Parties hereto have caused this Sixth Amendment to be executed on the day and year first appearing above.

CITY: CONSULTANT:

CITY OF BELL GARDENS MICHAEL BAKER INTERNATIONAL By: By:

Michael B. O'Kelly, City Manager
Name:

Title:

Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
4 Exhibit 2 51

EXHIBIT "A"

MASTER AGREEMENT
5 Exhibit 2 52

23 FIFTRAMENDMENT TO PROFESSPRALSERVICES,AGREEMENT
En meat: r mmunly a lop ent Block Grant Implementation and Administrabon rwrl
Parties: City of Bell Gardens,and Michael Baker International THIS FIFTH AMENDMENT (hereinafter, "Fifth Amendment") to that certain agreement entitled "Professional Services Agreemenr and' dated November r , 2 (hereinafter, aatrr rnan , is herebyrrrada and entered Into this ..... ._.. 2023 (hereinafter, "Effective Date" by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CV) and MICHAEL BAKER INTERNATIONAL, (hereinafter, "Cone u r°rt" . For purposes of this Fifth Amendment, the capitalized terra "Partise shall, be a collective reference to both City and Consultant. The capitalized term 'Party' may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This Fifth Amendment is rude and entered into with respect to the liollowing facts:

WHEREAS,S, on November b, 2020, the Parties executed and entered into the Master Agreement for the Consultant to provide assistance with Community Development Block Grant(CDBG) program implementation and administration;and WHEREAS, the Master Agreement was later amended by the City nail by way of a first amendment (hereinafter, the "First Amendment") for purposes of modifying Consultant's Services and Compensation provisions of the Master Agreement, and WHEREAS, the Master, Agreement was again amended by way of a second amendment(hereinafter,the"Second Amendment")to expand the Consultanirs services; and
WHEREAS, the Master Agreement was again amended by way of a third amendment (hereinafter" the "Third mendment") to expand nsul nt'$ services and compensation; and
WHEREAS, the Master Agreement was again amended by way of a fourth amendment (hereinafter', the "FourthAmendment") to revise its hourly rates fair Fiscal Year 02-2 and
WHEREAS,S for purposes of this Fifth Amendment, the Master Agreement as amended by way of the First Amendment, Second Amendment, Third Amendment and Fourth Amendment may be referredto collectively as the *Master Agreement". The Faster Agreement is attached and Incorporated hereto as Exhlbft "A"; and WHEREAS, the Pardee now wish to revise the Not-to-Exceed p n ti f the Faster Agreement to allows for continued services; and I
Exhibit 2 53

WHEREAS, the additional Compensation for the services to be performed by Consultant are set forth and more particularly described in Consultant's, January 27, 2023, "Amendment No. 5 to Current Agreement for Continued CDBG Administration and Labor Compliance Services for the Ford Park Aquatics Center Project" (hereinafter, the "January 2023 Supplemental Proposal"), which is attached and incorporated hereto as Exhibit "B".

SECTION 1. Section 5.1 (CONSULTANT'S SERVICES) of the Master Agreement is hereby amended to include the continued services for the CDBG administration and labor compliance for the Ford Park Aquatics Center project as set forth in Consultant's January 27, 2023, "Amendment No. 5 to Current Agreement for Continued CDBG Administration and Labor Compliance Services for the Ford Park Aquatics Center Project" (hereinafter, the "January 2023 Supplemental Proposal"), which is attached and incorporated hereto as Exhibit "B".

SECTION 2. Section 6 (COMPENSATION) of the Master Agreement is hereby amended to increase the Not-to-Exceed Sum of ONE HUNDRED THIRTY-NINE THOUSAND SIX HUNDRED DOLLARS ($139,600) by ONE HUNDRED FORTY THOUSAND DOLLARS ($140,000) for a new Not-to-Exceed Sum of TWO HUNDRED SEVENTY-NINE THOUSAND SIX HUNDRED DOLLARS ($279,600) to allow for continued services.

SECTION 3. Except as otherwise set forth in this Fifth Amendment, the Master Agreement, First Amendment, Second Amendment, Third Amendment and Fourth Amendment shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this Fifth Amendment, together with the Master Agreement, First Amendment, Second Amendment, Third Amendment and Fourth Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 4. The provisions of this Fifth Amendment shall be deemed a part of the Master Agreement, First Amendment, Second Amendment, Third Amendment and Fourth Amendment and except, as otherwise provided under this Fifth Amendment, the Master Agreement, First Amendment, Second Amendment, Third Amendment Fourth Amendment and all provisions contained therein shall remain binding and enforceable.

In the event of any conflict or inconsistency between the provisions of this Fifth Amendment and the provisions of the Master Agreement, First Amendment, Second Amendment, Third Amendment and Fourth Amendment, the provisions of this Fifth Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, First Amendment, Second Amendment, Third Amendment and Fourth Amendment, and no further.
[SIGNATURES ON NEXT PAGE]
2 Exhibit 2 54

IN WITNESS WHEREOF, the, Parties hereto have causecl this Fft Amendment W be exemftcl on the day and year first appeaft above.

CONSULTANT:

CITY OF BEAl GARDENS MICHAELINTERNATIONAL
wte: Date,

APPROVED AS TO FOR
,a
Stephen[&Vasquez,City Aftmey
3 Exhibit 2 55

INWITNESS WHEREOF, the Parties hereto have Ns Fifth Amendment to be executed on a day and year" t appearing above.

CITY: LT
CITY ONE BELL GARDENS MICHAEL BAKER INTERNATIONAL '.

Michael B. O'Kelly, city Manager wA�,
Name: `
Tide:

Nate, � ��- M°°°�APPROVED AS TO FORM:

Stephanie VasqUeZ, Cfty Attomey
3 Exhibit 2 56

EXHIBIT "A"

MASTER AGREEMENT
4 Exhibit 2 57

212'2
FOURTH AMENDMENT TO PREIEE aSwl l'NAL SERVICES AGREEMENT (Engagement Community Development Block Grant Implementation and Administration Services)
(Parties: City of Bell Gardens and Michaels Baker International) THIS FOURTH AMENDMENT (hereinafter, "Fourth Amendment") to that certalm agreement entitled "Professional Services Agreement" and dated November b" 202 (hereinafter, "blaster Agreement"), is hereby made and entered into this 27th day of June„ 2022 (hereinafter, "Effective gate") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and MICH wEL BAKER INTERNATIONAL, (hereinafter, "Consultant"). For purposes of this Fourth amendment, the capitalized term A"Partles"shall be a collective reference to both City and Consultant. The capitalized term "Party' may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This Fourth Amendment is made and entered into with respect to the following facts., WHEREAS, on November 5" 202' , the Parties executed and entered into the Master Agreement for the Consultant to provide assistance with Community Development Block Grant(CDBG) program implementation and administration and WHEREAS,,the blaster Agreement was later amended by the City Council by way of a first amendment(hereinafter,the"First endment"")at its Regular urlar Meeting of Marche 22, 2021 for purposes of modifying Consultant's Services and Compensation provisions of the blasterAgreement; and
WHEREAS, time faster agreement was again amended by way of a Second Amendment(hereinafter, the"Second Amendmm ient")at the Regular Clt r Council meeting cf J'uly 12, 2021, to expand the Consultant's services; and WHEREAS,', the Master agreement was again amended by way of a Third Amendment(hereinafter, the"Third!amendment-)at the Regular City Council meeting of November 8, 2021, to expandConsultant's services and compensation, and.

WHEREAS, for purposes of this Ec'urth Amendment", the faster Agreement as amended by way of the First Amendment„ Second Amendment and Third Amendment may be referred to collectively as the "blaster AgreemenC. The blaster agreement is attached and incorporated hereto,as Exhibit "A"; and
WHEREAS, on June 24, 2022 Consultant provided the City v4th its Fiscal Year 2022-2023 rates (hereinafter"Fiscal Year 2022-202: Rates"); and Exhibit 2 58

WHEREAS, the Fiscal Year 2022-2023 Rates are attached and incorporated hereto as Exhibit "B", and
WHEREAS, the Parties now wish to modify the Master Agreement to revise the holudy rates for Fiscal Year 2022-2023.

NO'W,THEREFORE, in consideratfon of the mutual agreements contained herein, and other good end valuable consideration, the receipt and sufficiency of which Is hereby acknowledged, and intending to be legs4y bound hereby, the Parties agree as follows; SECTION 1. Section 6 (COMPENSATION) of the Master Agreement is hereby amended to revise the Compensation Estimate to include the Fiscal Year 2022-2023 Rates which are attached and incorporated hereto as Exhibit "B".

SECTION 3. Except as otherwise set forth In this Fourth Amendment, the Master Agreement, First Amendment, Second Amendment and Third Amendment shall remain binding, controlling, and in full force and effect Seclion 18.9 of the Master Agreement rim twithistanding, this Fourth Arnendrnent, together with the Meister Agreement, First Amendment, Second Amendrinerat and Third Arnendryient, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the mattens addressed in both documents,,
SECTION 4. The provisions of this Fourth Amendment shall be deemed a part of the Master Agreement, First Amendment, Second Amendment and Third Amendment and except, as otherwise provided under this Fourth Amendment,the Mester Agreement, First Amendment, Second Amendment and 'rhird AmendmerA and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Foiurth Amendment and the provisions of the Master Agreement, First Amendment, Second Amendment and Third Amendment, the provisions of this Fourth Amendment shall corttrol, but only in so far as such provisions conflict with the Master Agreement, First Amendment, Secoind Amendment and 'rhird Amendment and no further,
[SIGNATURES ON NEXTPAGEJ
Exhibit 2 59

IN WITNESS WHEREOF, Me Parties her to have caused this Fourtil Amendment executed on the day end r first appeadng above,
Cffy: CONSULTANT:

CITY OF BELL GARDENS MICHAEL BAKER INTERNATIONAL
e
r
Michael B.&KA', City Mann r
rw1M n / r
A Tits:

Date:
� k
Dam.

D
E

APPROVED AS TO FORM
By: �y pY on bwhadt of
ey
Date: 2022
Exhibit 2 60

IN WITNESS WHEREOF, the Parties hereto have caused this Fourth Amendment to be executed on the day and year first appearing above.

CITY: CONSULTANT:

CITY OF BELL GARDENS MICHAEL BAKER INTERNATIONAL
..............
......... By:
...........

Michael B. O"Kelly, City Ma,hag,er
'11171111 O'll,
Name:

Title:

Date:
71 Date,:

APPROVED AS TO FORM:
------
Rick Olivarez, City Aftorney
Date:__............................

Exhibit 2 61

EXHIBIT

MASTER AGREEMENT
Exhibit 2 62

2021
THIIRD uAMENDMENT TO PROFESSIONALS EI ICES AQR ENT (Engagement Community Development Block Grant Implementation and Administration Services)
(Parties.- City of Bell Gardens and Michael Baker International) THIS THIRD AMENDMENT (hereinafter, "Third Amendment") to that certain agreement entitled 'Professional' Services Agreement" and dated November >, 2020 (hereinafter, "Master Agreement"), is hereby made and entered into this. 801 day of November, 21021 hereinafter„ "Effective a bate" by and between CITE" OF BELL GARDENS,S, a municipal corporation hereinafter, " ,y" and MICHAEL BAKER INTERNATIONAL, (hereinafter, "Consultant"). For purposes of this Third Amendment, the,capitalized terra "Parties"shall' be a collective reference to both City and Consultant. The capitalized terra "Party" may refer to either C4 or Consultant interchangeably, as appropriate.

RECITALS
This Third Amendment is made and entered Into with respect to the following .

WHEREAS, on November 5, 20201, the Parties executed ,and entered into the 'aster Agreement for the Consultant to provide assistance with community Development +elopment
Block Grant CDBG program Implementation and administration,; and WHEREAS, the Muster Agreement was,later amended' by the,City Council by way of a first amendment hereinafter, the"First,Amendment" at its,Regular Meeting of March 2, 20,21 for purposes of modifying Consultant's Services and' Compensation provisions of the MasterAgreement; and
WHEREAS, the Master Agreement was again amended by way of a Second Amendment(hereinafter, the"Second Amendment")at the Regular City Council meeting of July 12, 2021, to expand the Consultant"s services; and WHEREAS, for purposes of this Third Amendment, the Master Agreement as amended by way of to First.Amendment and Second Amendment may be referred to, collectively as the "Agreement". The Agreement is attachedand Incorporated hereto as Exhibit "A"; and
WHEREAS, the Parties now wish to modify the Agreement to expand the Consultant's SerVices to allow fior additional consulting services, and WHEREAS, the additional tasks and services to be performed by Consultant are set forth and more particularly described in Consultant's October 20, 2021 'Amendment No. 3 to Current.nt. r remen't for Administration of CDEG and' CDBG-CV Business Assistance Grant Programs" which is attached and Incorporated hereto asExhibit 'IS" hereinafter, the "October 2021, Supplemental Consultant's Services"); and Exhibit 2 63

WHEREAS, ,he Parties now wish to increase the 2 21-2022 Not-to-Exceed Sum of ONE HUNDRED IWENTY-SIX THOUSAND FIVE HUNDREDTWEKY D LLARS ($126,620) by THIRTEEN THOUSAND EIGHTY DOLLARS ($13,080) for a new Not-to- Exceed Sure of ONE HUNDRED THIR,TY-NINE THOUSAND SIX HUNDRED DOLLARS ($139,6010) to allow for additional services for Fiscal Year 2021-2022; and NOW,THEREFORE, in consideration of the mutual agreements contained herein, and other good and val:uable considerafion, the ireceipt and su"i« lenc, of which is hereby y
acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SEcrm 1. Section 6.1 (CONSULTANT'S SERVICES) of the Agreement is hereby amended to, include the. additional tasks and services, set forth in Consultant's October 20, 2021 'Amendment No, 3 Current A;freemerft for Administration of CDBG and CDBG-CV Business Assistance Grant Programs" (hereinafter, "October 2021 Supplemental Scope of Services") which is attached and Incorporated hereto as Exhibit CS 00
�B
SECTION 2. Section 6 (COMPENSATION)of the Agreernent is hereby amended increase,, 2021-20221, Not-to-Exceed Sum of ONE HUNDRED,1WENTY-SIX THOUSAND FIVE HLINDREDTW ENT Y DOLLARS ($126,520) by irHIRTEENTHOUSAND EIGHTY DOLLARS ($13,080) for a new Not-to-Exceed Sara of ONE HUNDRED THIRTY-NINE THOUSAND SIX HUNDRED DOLLARS ($139,600) to allow for additional services for Fiscal Year, 2021-2022 for aill Work contemplated under the Master Agreement, First Amendment, Sei(x)nd and 'Ttflnl Amendment.

SECTION 3, Except as othetwise set fcsrth In this Third Amendment, the Master Agree� ent, First Amendment and Second Amendment shall remain bindinig. controlling, and in fufl force and effect. Section '18.9 of the Master Agreement notwithstanding, this Third Amendment, ther with the Master Agreement, First Amendment and Second Amendment, shall iconsfitute the entire, complete, final, and exclusive expression of the Parfies with respect to the matters addressed in both documents.

SECTION 4. The provisions of this Third Amendment shall be deerned a part of the Mastes, Agreement, First Arnendment and Second Amendment and except, as othenNise provided under this Third Amendment, the Master Agreement, First Amendment and Second' Amendment and all provisions oontained therein shaul remain biniding and enforceable. In Me event of any conflict or incorlsistency between the provislons of tNs 'Third Amendment and the provisions of the Master Agroement, First Amendment and Second Amendment, the provisions of this Third Amendment shall control, but only in so far, as such provisions conflict with the Master Agreement, f7inst Amendment and Second Amendment and no furthien,
[SIGNATURES ON NEXT PAGE)
Exhibit 2 64

IN WITNESS WHEREOF, the Parfies hereto have used this Third Amendment to be executed on t1v day and year first appearingabove,
CITY: CONSULTANT:

CITY OF BELL GARDENS MICHAEL BAKER INTERNATIONAL
By:

By:

Michael B. O'Kelly, City Manager Name:William Hoose Title:&s.or
nit
Date:

Date:Nome nbw 2Z-20zt
APPROVED AS TO FORM:
�*O.e
By., on behalf of
Rick Ofivarez,City Attorney
Date: December 7', 2021
Exhibit 2 65

IN WITNESS WHEREOF, the Parties hereto have caused this Third rnenddent to be executed on the day and year first appearing above,
CITY- CONSULTANT:

CITY OF BELL GARDENS MICHAEL BAKER INTERNATIONAL
o
v "
,
Michael+ l R. "Kelly„ City nag'6r
Name-,,,William noose
Title: Ai ,t " r Preic- nt_
Date..November 2 1
6�

APPROVED AS TO FORM,
Rick Olivarez, City Attorney
Date.:

Exhibit 2 66

IN WITNESS HEREOF, the parties hereto t have caused this Third Amendment to executed on the day and year first appearing above.

CITY CONSULTANT:

CITY OF BELL GARDENS IllllCHAEL BAKER INTERNATIONAL IONAL
By,:

Michael B. Kelly, Cfty Manager ... ._.u...

Name:

Title:

Date:--- �„�...�._...w .�.............�,� ...... .__�.

APPROVED AS TO FOR
By.,
Rick 011varez, City Attorney
Date:

Exhibit 2 67

EX ISIT "A

AGREEMENT
Exhibit 2 68

u
2021
(Engagement: Community Development Block GrantImplementation nd Adininistration Bawl
(Parties. City of Bell Gardens,and Michael Saker International) THIS SECOND AMENDMENT (hereinafter, "Second Amendment") to that In agreement endtled "Profess Iona) Sewicas ;Agreement' and dated November 5, 2020 (hereinafter, Waster, rrr rr " Is hereby made and entered into rrs 12th day "it l 2021 ereinafter'" "Effective by and betmwn CITY OF BELLGARDENS, a rr a lallral ion (hereinafter, "City") and MICHAEL, E INTERNATIONAL, (hareinafter,"Consultant"), For purposes of this SerAnd Amendment, capitalized "Parties" shall be a collectivie referenoe,to both CIty and Consultant. h it lizard berm "Party' may refer to sinter C Ry r Consultant Werchangeably, as approprlate,.

REICITAIL-S
This Seloond Amendmentis made and'entered Into with respect the following facts:

WHEREAS, on Novernber 5, 2 2 " the ales executed andr into Airs MseterAgreemeryt for the ry nsubnt to PrDV!deassistance with Communfty Development Blockrarr C program implementation and admini t n; and the Master Agreement was later amended by way iafa first amendment er ins er, tha 'wFirst Amendment") and was, approvedhe Cfty Council of the Cky of Bell Gardena C'Clty Council") Its Regular Mesting of Mamh " 2021 for purposes of modifyingConsultant's ant's rvi a and Compensabon provIsions,of'the Master Agrmment; an
WHEREAS, for purposes of thisen , figs Master Agmement as amended by way of the F'irst Amendmentr a referredcollectively as the "" r meat. "'niis Agreement is attached rid incorporated hereto as Exhibit"A"', and WHEREAS, the Partles, now wish, to modify the. Agreement to expand the ConsuftenCs Seivices to allow,for addibonal consuffing services; anid WHEREAS, flis additional tasks and services to be performled by Consultant are set forth and more particularly desedbedIn Consultaffs June 16, "Amendment Current r rent for Section t Loan rr rarr ri ll burr for the John nson Fri a l � r ° r" which is adached arid Inoorporated hew hewo as Exhibit "13" (hereinafter,, the "June 2021� SuppWnefyW Gatti ra ps r I a' l and WHEREAS, the Parties now Msh to Increase the Not-to-Exceed Sum of ONE HUNDRED IWENIY-TWOUlu P 22, 2 FOUR
Exhibit 2 69

THOUSAND FIVE HUNDRED DOLLARS ($4,500)for a new Not-to-Exceed Sum of ONE

HUNDRED TWENTY-SIX THOUSAND FIVE HUNDRED TWENTY DOLLARS ($126,52,0) to allow for additional services for Fiscal Year 2021-2022 . and NOW,THEREFORE, in consideration of the mutual agreements,contained, herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby,the Parties agree as,follows:

SECTION 1. Section 5.1 (CONSULTANTS SERVICES) of the Master Agreement is hereby amended to include the additional tasks and services set forth in Consultants June 111 , 2021 "Amendment No. 2 to Current Agreement for a Section 108 Loan Guarantee Application for the John Anson Ford Park Aquatics Center"(hereinafter, "June 2021 Supplemental Scope of Services") which is attached and incorporated hereto as Exhibit"B".

SECTION 2. Section 8 (COMPENSATION) of the Master Agreement is hereby amended increase Not-to-Exceed Sum of ONE HUNDRED TWENTY-TWO THOUSAND TWENTY DOLLARS ($122,020) by FOUR THOUSAND FIVE HUNDRED DOLLARS 1($4,500) for an new Not-to-Exceed Sum of ONE HUNDRED TWENam-SIX THOUSAND, FIVE HUNDRED TWENTY DOLLARS ($1261,520) to allow for additional services for Fiscal Year 2021-2022 for all Work contemplated under the Master Agreement, First Amendment and Second Amendment.

SECTION 3. Except as otherwise set forth; in this Second Amendment, the Master Agreement and First Amendment shall remain binding, controlling, and in full fbree and effect. Section 18.9 of the Master Agreement notwithstanding, this Second Amendment, together with the Master Agreement and First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in:, both documents.

SEC-nON 4. The provisions of this Second Amendment shall be deemed a part of the Master Agreement and First Amendment and except, as otherwise provided under this Second Amendment, the Master Agreement and First Amendment and all provisions contained therein shall remain binding andl enforceable, In the event of any conflict or inconsistency between the provisions of this, Second Amendment and the provisions of the Master Agreement and First Amendment, the provisions, of this Second Amendment shall control, but only In so,far as such provisions conflict with the Master Agreement and First Amendment and no further,
[SIGNATURES ON NEXT PAGE]
Exhibit 2 70

ICI WNESSMEREOF,the Pallft hwsft hmcmAWft8s=W J
.

CfTya. TAN
L BAKER t "µ
B. CRY, wow NNW: W"" M. H
.,
r f`

APPROVED
AS TO RWWW*
MiW0 ,i
Exhibit 2 71

EXI IT"All

AGREEMENT
Exhibit 2 72

2021'
FIRSTAMENDMENTT 1`0 PROFESSIONALSERVICESE tt t`t".
rrgagemerrt- Community Development Block Grant Implementation and Administrafion Services)
(Peruse: Cit tt Gardens and Michael Baker trr tt rr l THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "Profes,sional Services Agreement" and dated Novembw, 5, ' 20 (hereinafter, 'Master Agreement"), (hereinafter, "Effective Dates") by andeery CITY OF BELL, G,ARDENS, a municipal l r or tion (hereinafter, "City") and MICHAEL BAKER INTERNATIONAL, h r ina ter, "Con ul , t µ For,purposes this First Amendment,the capitalized terra "t rtt "shelf be a collective referenceto both City and Consultant. The capitalized to "Party" may refer r to elttr r City or Consultant Interchangeably, a 1t�"
This First Amendment is made and enteredinto with respect,to e Wfowirr facts:
on r ovemt r t , 2'02 , the PairUes exwwted and entered linto tlie Professional Ser rtr r Agreement for the Consultant to provide assistance t r Community try rnent Block Great CDBG)i prograrn Implementation Rrr ' administration', an
the Master Agreement is attachedand Incorporated hereto as Exhlbft "A"; and
'WHEREAS, under the teffns of the Master Agreement, City agreed to dray Consultant an annual Not-to.-Exceed Barr of FIFTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS ($58,400) (herein a ter, "Cornpens tir rr" for the Term of the rrrrrrrt and
the Parties now ish to moldity the Master Agreement to exp and the Consultant's r i g to allowr addiflonal ,*nsuftlirr services; arr the dditi n l tasks rr services to be perfomied by Consultant are t forth and more paftularly described In rr rtt is March 10, 202 "Amendment N�o. 1 to Current Agreement IBetween tie City n Michael Baker International Letter Proposal oral to Increase Budget for Program Implementation and Administration of the City of Bell Gardens Cornrnunity Development Block Great Program whilch is aftached and incorporated' hereto as Exhibit "' "' (hereinafter, the "March 2021, Supplemental C ar yl nt'r Sier ; s" and
Exhibit 2 73

WHEREAS, the Parties now wish to increase the annusl Not-to-Exceed Sum of FIFTY-EIGHT THOUSAND FOUR HUNDRED ED DOLLARS ( Q, 00) by SIXTY-THREE EE
'THOUSAND SIX HUNDRED TWENTY DOLLARS($ 3, O)for e new aggregate annual Not-to-Exceed Sure of ONE HUNDRED TWENTY-TWO THOUSAND TWENTY DOLLARS ( t22,l a)to allow for additional services; and NOW,THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which, is hereby acknowledged, and intending to be legally bound hereby, the parties agree as follows SECTION 1. Section 5.1 (CONSULTANUT''S SERVICES)ICES) of the Master Agreement is hereby amended to include the additional tasks and services set forth in Consultants March, 10, 2021 "AmiendmYment No. I to Current Agreement Between the City and Michael Baler International Letter Proposal to Increase Budget for Program Implementation, and Administration of the City of Bell Gardens Community Development Block Grant Program ram
which is attached and incorporated hereto as Exhibit "B SECTION 2. Section 6 (COMPENSATION) of the raster Agreement is hereby amended increase ,annual Not-to-Exceed Sum of FIFTY-EIGHT THOUSAND FOUR HUNDRED REI DOLLARS ( fll ,40 by an annual SIXTY-THREE EE THOUSAND SIX HUNDRED TWENTY DOLLARS,S ($63, 0) for a new aggregate annual) Not-to-Exceed Sum of ONE HUNDRED TWENTY-TWO THOUSAND, TWENTY" DOLLARS ( "122,02 for all Work contemplated under the Master Agreement and Hirst Amendment.

SECTION 3. Except as otherwise set forth in this First Amendment, the Professional Services Agreement shall remain binding, controlling, and in full force and effect.. 'Section 18.9 of the Master notwithstanding, this First Amendment, together with the professional Services Agreement, shell constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 4. The provisions of this First Amendment shall be deemed a pert of the Professional Services Agreement and except, as otherwise provided under this First ,amendment, the professional ,Services Agreement and all provisions contained therein shall remain binding and enforceable, In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the professional Services Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Professional Services Agreement and no further,. [SIGNATURES ON NEXT PAGE1
Exhibit 2 74

IN, WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year fast appearing above.
w
Et CONSULTANT:

CITY OF BELL GARDENS MIC A►EL BAKER AND,ASSOCIATES BAY. M wrr..mi.Hiimr -.....,.._,.__.�� ......�...................... .�„a�x rim ..W��....

Michael E. O"Kelly, City Manager
Name:

Title:
rrrt+ �
..�.�.. �., ..... �� ........ ....R ..� ,Date:

APPROVED AS T FORM:

Ey . _. _._......__.........................a.._....a..... .. �... ..� __.._.mww�.�..m...m .. m..m....m.._....._ ....e Ftick 011varez, City Attorney
� uut ;
Exhibit 2 75

EXHIBIT "A"

MASTER AGREEMENT
Exhibit 2 76

2020
Rev SION' ,SERVICES Q E
(Engagement: Community Development Block Grant Implementation and AdmInIstration Services)
(pa s: City of BaNN Gardens and Michael Baker Nnt r mattonaN THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement")ment" is entered Into, by and between the City of Bell Gardens, a Callibmia municipal ration (00 andl Michael Baker International(" nsullant"').

2. RECLTALS
HERS" City requires consultant services to provide assistance VAth, mmuanity t aveN pm`m ent N Nu Grant (CDBG p rammrm Nrrmple ntation and administration for a term of three fiscal years,commencing as of fismi year 020-2021 (hereinafter, the *Term"). The Agreement may be extended by the CN subject to Its same torrns and conditions for a maximum m f' (2)additional one-year extension terms, provided the City, through the City Manager, or their designee, Issues n notice of the CNty"s intent to extend the Term of that Agreement prior to the expiration of the Initial Term. and
WHEREAS, City staff has determined that Consultant p s s the experience, shills and training necessary to competently provide such services to City; ,and NOW, THEREFORE, for and In consideration of the mutual covenants and conditions herein contained, City and Consultant agree as 161N .. [Reserved—No Text]

4. TER
This Agreement shall'have a term of three )fiscal years,commencing as of fiscal year 2020- 21 (hereinafter, the mTe " ,. The Agreement may be extended by the CITY subject to its same terms and conditions for a maximum m of two 2 additional on-Year extension terms, provided the City" through the Cif Manager, or their designee, Issues written notice! of the CNtys Intent to extend the Tenn of the Agreement prior to the expiration of the Initial Tenn.

5.1 Subject to the terms and conditions of this Agrserrient, Consultant agrees to provide the services and tasks described In that certain Request for Proposals of CITY entitled 'Request est for Proposals for 2,020— 2025 CDBG Administration" Issued April 28, Exhibit 2 77

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hewn .by nigerence, ft provisions of No AWasmant shall prevaii. This Insbuffont conitains the entW# AgreameMerg City and Consultant wfth respsd to th,q transactions herein. No odw ptior oral or are binding upon r the parties. Amendments hereto or deviistIons horOwn shSll be N and binding only N made In wrfflng and City and Consuftent 'TO EFFECTUATE THIS AAREEMENT, the peMos have caused Melt duty authorized repmeentotas to wacuts this Agrawnent on the dates below, #aC ad nsu nf,
CBe,"Cl 1
loll . 0are
' 611.,
Dats: Do
.

Approved
as to,Ib
By: � on behaff of
Rick CHNarez, Ck'Aftmey
Exhibit 2 85

HI N'
CrTY RFP
Exhibit 2 86

herein by reference, the provisions of this Agreement shall prevail, This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties, Amendments hereto or deviations herefrom it be effective and binding only N made in writing and executed by City and Consultant. 'TO EFFECTUATE THIS AGREEMENT, the partles have caused their du,l:y authortud representatives to execute this Agreement on the dates set forth below. "CRY11 "Consuftonrl
City of Doll Gardens Michael Baker International By.. ey: V
Michael B. O'Kelly, City Manager
Date: Date:

Approvedes to form;
B .

Rick Olivarez, City Attorney
Exhibit 2 87

EXHIBIT"A"

CITY RFP
0 Exhibit 2 88

EXHIBIT it oN

CONSULTANT PROPOSAL
Exhibit 2 89

Exhibit 2 90

d
µsr
m � m
REQUST
ntl FOR, PROP
E
0-20 5 CDBG Administration
RFP 1-
April 2 ,20
.. .mm,
2020
Contact Person-,
Gustavo iM om!o, Conmunity Development Director
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
562 S -77 1
51 rqmofa,)bql_l%ky(a nk.,org
7100 Garfield Avenue a"Bell Gard , CA 90201 a ( ")BO -"r 00. www.beligardeno.org Exhibit 2 91

TABLE OF' CONTENTS
irrtroduti'on . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. .. . . . . . . . . . . . .

Submittal Procedures nd Deadline . . . r,. . .. ., . . . . . .. . . . .. . . . . . . . . . . . .. . . . . . . .4 Definitions„ Terms,and Conditions, . . . . . . . . . . . . . . . . . r . . . . . . . . .. . . . .. . . .. . . .

General: Information . . . . . . . . .. .. . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 8 Scopeof work . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . .. .. . . . . . . . .. . . . . . . .r . . . .. . . . . . . . . . . . .

Proposal Format and Content Requirements meet . . . . . . .. . . . . . . . . . . . . . . . . . . . ., . . . . . . .. .. . . . i I EvaluationCriteria— . . . . . . . . . . . . . . . . . .. ... . . ... . . . . .. . . . .. . . . . . .. . . . . . . . „ . .. . . . . . .,.. . . .. 1 Sample Contract Services Agreement . . . . . . . .. . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . 14 Exhibit 2 92

� �oroaro i - wm�m iw�mwm�w � o no wJ�m�rwwxrmm��w�t�w�w n m o s� n�,ww:�wu moi ooioi w�wwwxn��owwwwm�wv�uw�w�iw,uo x�u INTRODUCOnOM
E'10-1111w11- FIN YWN4Nww. .w�poi�mm m Npyiµ¢y�u.uwyuuw:w,u,ww�W�N01MN'JpaJ�Mmrow��,wi�w�IW� The City^ of Bell Germs Community Development Department ("Cif'") Is ing qualified Individual0finns with proven expertise to submit a proposal to perlbrM implementation and Administration services 1br ft City'sCommunity Development Block Grant Pmgram with 1b r possible one-year extensions ( r a total of five r ).

It Is the intent of the City of Bell Gardens to select a single, firm, to accomplish and/or,supply all servim ouldinad In this Request ibr Proposal (RFP). i
Exhibit 2 93

u G W Wd4 mVW .WN Nw.N' M,pWIMW^WGN N,NNVJNN40N NNMduVm SUBMITTAL PROCEDURES/DEADLiNE
='o,
iwdwrN�Nuomomuamw;w�mmmn mu GGooi rermwrmmm io mnmreG mnwimewrorwm�»w+�wowwmwmGrvoNwnrw i iawremmwomm �mmw mmoo Four copies of your response, fug 2 bound, one (f) unbound and (1) electronic version CD-ROM, or USB flash d' va duplicate of copies), shrill be submitted) no later than 5:00 p.m. on Thursday, May 210 2020 to the City ClerWs Office. Postmarks by this date are not acceptable and facsimiles will not be accepted'. Please mail or deliver your response In, a sealed envelope; with "CDBG Admin RFP Response written below the address laibel and addressed as fell
City Clerk's Office
Attention: Ms. Jane Halstead, City Clerk
CDBG Ad,min RFP Response
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
In order to ensure a fair and objective RFP process and evaluation, all questions and Inquiries related to this RFP shall be addressed In writing to Gustavo Romo, Community Development Director, at [email protected]. The deadline for written questions and. inquiries is May 11, 2 ,2 «~ Although currently closed fir walk-in service dupe to the COVID-1l pandemic, City ball Is open via telephone and email, )Monday through Thursday from 7: M to 6:00 PM.

The tentative schedule for this Request for Proposals Is as folio Release of RFP to Vendors uesd,s , olril ti
P dIIIne for gees ions and Inquire . .... _. ..on ay,,,_ y 5:00, pM.... adline
:00 PM
ay
Interviews for Qualified Firms
r..� ,eek � � ..
�"e...... _ .r..
10,
uations/ a, mops Week of June'I, , PP
w r
�qc uncut l�eet�n for rrc vai_ _ I ionda . Jul_2Z ; W m..

Earliest Award of A ne Contr id Tuesday, June 30A 102u 4 Exhibit 2 94

DEFINMONS, TERMS AND COVDITIOUIS,
l e nitons.- In order to simplify and clarifythe language throughout this Request for Proposals,
the following definitions shall apply:

CITY: The City of Bell Gardens,
CrrY COUNCIL.- The elected offlolals of the Cfty of Bell Gardens, who have been Laren the authority exercise such powers and Jurisdiction on all City business as conferred by the state Constitution and Laws.

CONTRACT: An agreement between the City and the selected firm to frurnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity,and/or service echled.

RFP bequest for Proposal.

FIRM/CONSULTANT: Organization, offering a proposal In response to this RFP..

Proposal al Terms and Conditions:
—okoon El+s1 lrrrrnta
Consultants may be supplied' with the original RFP documents In electronic form to aid In the preparation of proposals). By accepting these electronic documents, each Consultant agrees not to edit or change the language or format of these documents, submission of a proposal by Consultants signifies full agreement with this requirement, l:tf —Ma—Is
Submitted proposal(s) must be property addressed and received by the City prior to the data and time speclfted. The mere fact that then proposal was dispatched will not be considered; the Consultant must insure that the proposal Is actually delivered., Proposals ra brad' alter the date and time specified shall be ret reed and will be considered amid and unacceptable. The City Is not responsible for the lateness of the snail carrier, and this tune/plate stamp of receipt by the City Clerk's Office shall be the official time of receipt.

A ns
Proposals documents cannot be physically altered or amended after the closing date, Alterations made before closing must be Initialed by the Consultant to guarantee authenticity.

Proposals may not be withdrawn after the proposal closing date and each Consultant agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation More a contract is awarded as further described below.

Ion .and Ir�.�.rulr��
In ordi 6 ensure a fair and objective RFP process and evaluation, all questions and Exhibit 2 95

inquiries related to this 'RFC" shall i be addressed In writing to Gustavo Roma, Community Development Director. The deadline for wrvrltten questions and inquiries is Monday, May 111, 2020. Although currently closed for walk-in service due to the COVID-19 pandemic, CIi� Mall is open via telephone and email Monday through Thursday from 7:30 AM to :00 PM. !gorru gni a ion
The City shall not he responsible for any verbal communication between any employee of the City and any proposing Finn.. Only written requirements and qualificationis will be considered.

No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract. All change orders to the contract will be made In writing by the City Manager.

The City reserves the right to accept or reject any or all, proposals received as a result of this request, to negotiate with all quuaulified sources, or to cancel, In part or In, its entirety, this Request for Proposal If found In the best interest of the City.

W ►U %Sp��
All costs incurredin the preparation of a proposal, the submission of additional information, and/or any other aspect of preparing a proposal will he borne by the Consultant, Ni 9e ilicutte►ru
Any proposal which, does not contain all of the information requested in this IMF " will be considered incomplete and may b rejected by the City.
tuuandlirat'
The City operates and is funded on a fiscal year basis, Accordingly, the City reserves the right to terminate, without any liability, any contract for which funding Is not available,, Re,,,o�i Vt�ain-f
m,Negotiations may be conducted with responsible firms who submit proposals that are reasonably susceptible of being selected. AJI firms reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interviews. Although this process will ultimately result in the award of a single contract, the City reserves the right to negotiate a contract with more than one' rm.,, tdd% i rwa at tqf9 s#_qp
During the proposal evaluation process, the city reserves the right, where it may serve the City"s hest interest, to request a ddibonasal information or, clarifications from proposers. The City also reserves, the right to Investigate the qualifications of the flrm(s as it deems appropriate.

IRFP
Proposers should be aware that the RFP and the contents of the successful proposal!, will become a part of any subsequent contractual documents that may arise from this RFP. In the case of as discrepancy between the RFP and the firm's proposal„ the contract will supersede.

Exhibit 2 96

All lots, dotuments and other Products used during the life of the Project shall remain In the public domain upon the projects completion. Si liar all responses to this RFP shall become the property of the City and will be retained, or disposed of In the City's discreflon, Award of t, � 5;9natr—lact
Award of the contract will be by the City Council at a public meeting.

Exhibit 2 97

GENERAL INFORMATION
The City of Bell Gardens is located within Los Angeles County and is a General Law City governed by an elected five-member City Council that appoints the City Manager. er.

The City participates in the U.S. Department of" i urusing and urban Development's HUD), Community Development Block Grant CM G) program through the County of Los Angeles Community Development Authority i~ACDA Under the Urban County Program, the City would have approximately $636,638 in funding for eligible activities at the beginning of the 2020-2021 CDBC Program Year plus an additional $12,290 of unallocated prior yaar°s C DBG funds for a total of 48„ . In addition, the City will have supplemental CDBC funds of approximately $374,513 from the Corona virus Aid, Relief and Economic Security(CAFES) Act. Furthermore, appro irnately $690,542 in C D13G funds are currently allocated to an on- going project for future use in conjunction,with the Section 108 Loan Guarantee Program.

The City is seeking the services of an experienced professional consulting firm to provide assistance with C DBG program Implementation and administration for the FY 2020- 2021 with four possible one-year extensions (for a total of five years). The assistance to be provided by the consultant Is necessary to ensure the Cpityws proper and timely expenditure of program funds and compliance with other regulatory program, requirements.

C DBG monies will be utilized to fund the services of the selected firm and the expenditure of such, funds small adhere to all applicable Federal, State, County/CDA, and local regulations,
s
Exhibit 2 98

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The contracted Individual or firm smell provide staffingi and other resources as required to assist the City with the preparation of a Section 108 Loan, Guarantee ppli ti n for the John Anson Ford Park Aquatics Center to complete the following for all approved City CD13G projects:

I Meet with C4 representatives to provide status updates on all CDBG projects and Issues requiring Immediate attention.
2 Prepare and submit to City a quarterly status report of all' CDBG pr rje

3. Develop time lines for each, approved CDBG project, establishing keys dates fbr reviewer, and accomplishment and progress monitoring.
.. Review and maintain flies for ell! CDBG projects. bA Develop and maintain financial spreadsheets, for all CDBG projec* to Include eligible reimbursements, amounts expended, reimbursements recelved, end' balances available.
.. Monitor and maintain all financial records relevant to CDBG funded projects and reconcile any records discrepancies.
. Review monthly reimbursement requisitions to the Community Development Authority prepared by FinanceDepartment for all CDBG projects.

8. Gather and maintain Information required for and prepare end submit all required Grantee Performance reports.
few Perform CDBG1 project oversight monitoring, to Include coo-going monitoring ing and' closeout review for all CDBG funded projects.

0. Establish and maintain all operating assignments with CDBG,sub-recipients. 111, Conduct Davie ec on monitoring and contract compliance for all CDOG funded construction projects.
12w Conduct Section 3 monitoring and compliance for all CDBG funded projects.

13. Prepare all CDBG related submissions,ions, as required the Department of Housing and Urban Development (HUD) and the County of Loa Angeles Community Development Authority LACDA (ex. Contract/Suboontract Activity Report, Labor 19 Exhibit 2 99

Standards Report, etc.,),

14. Perform liaison functionsbetween! the City and the County of Los Angeles Community Development Autlm rlt .

15. prepare all CDI3G related documents, Including, reports, contracts, agreements, and amendments.
16, Develop, prepare, and submit project amendments, as required„ for all CDBG funded projects.

17.. Advise City and ensure pamper Implementation of all CDBG program changes.

Prepare and submit a Planning Summary and all necessary, documentation for the upcoming CDB1G program year.,

19. Conlbrm to time amendatory regulatory provisions of the Urban County CDBBG Program.

0. Be available at City Hall as necessary tocomplete all work Items.

21. Complete Labor r Compliance ipliancee car Individual i projects as requested,

22. elet City with the preparation of a Section 10 Loan Guarantee Application for the John Ansbn pOrd Park Aquatics Center, if necessary.
23, All other CDBG rated work as directed by Cit s Community Development Director.

All work items will be carded out In,conjunction with City etefll'directlorm, Input, and review.,
1 Exhibit 2 100

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The followIng Instructions describe the form In which proposals must be submitted, Responses to the following Items will be used fur propo eli ovaluation. Proposals which do not contain responses to each of the requirement ulrement Items will be considered Incomplete and may be rejected,
Proposal documents hould provide i hi rd, concise description of the firm,s capabilities to s atl* the requirements of this p. Emphasis should be on Completeness, clarity of content, and conveyance of the Information requeste4l by the City. The requirements st, dui not preclude a firm from furnishing additional reports, functions, and costs as deemed appropriate.

Four copies of your response,, two ( ) bound', one f') unbound and 1) electronic version (CD-ROM or USA flash drive) must be submitted no hater than 6:00 p.m. on, Thursday, May 21, 2020 to the City Clarks Office. In addition, the electronic version of the proposal must be Included In Adobe Acrobat formal:written, to a single CD-ROM. The electronic ver$lorw Of the proposal must be an, exact duplicate of the hard copies. If the proposal Includes aryy comments over and above the specific information requested In this RFP, such information should' be Included as as separate appendix and placed at ft end of the proposal.

1. The proposal must contain the following five (5) elements describing how the Consultant will p r°f rrru the assignment:

1. Technical
Technical Proposals will contain, at a minimum a) an executive summary bl e. description of the approach to be taken In addressing the soope of worK a listing Of the specific tasks required to properly perform the senvices. and d a tirw ellne from inception to completion.

2. Management and Staffing
Describe the management and staffing configuration to be utilized to complete the scope of work. Resumes of all proposed personnel must be included, The proposal must Indicate who will have primary responsibility for this project,

3. Prior Related Firm Experience
Finns or Individuals must demonstrate competence and capability to satisfactorily perform scope of work. A description of the Firm's related k experiences should be included.
wrl
Exhibit 2 101

A list of at least three recent references, including local government agencies where a similar service Is or has, been provided and any private clients, irrcludin names and telephone numbers of the firm and the key managers Barad' professionals assigned to the project.
. Gust and Pricing
Proposals shall include staff hourly rates, plus overhead, travel and any additional project costs proposed. Prices quoted must remain firm for the first year of the contract, Cost proposals must be submitted with the proposal and all items must be itemized in detail. The total project cost shall) be expressed as a "Not to Exceed" amount for items 1-21 under the"Scope of Servicea 7 section, in addition, an hourly fee schedule shall be submitted with the proposal. In the event that the scope of work is substantially modified" the extra cost or credit shall be negotiated based on the submitted hourly rates.

Section 108 Loan 'identifted as item number 22 sunder the "Scope of Services"section, will be an additional service the City will be considering and a separate project cost should be submitted.
. Additions or Exceptions
r
single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE Cl"l""S 'REQUEST FOR PROPOSAL" containing a complete and detailed deecdption of all of theconsultant's exceptions to the provisions and conditionsof the attached City contract.
r
Exhibit 2 102

The, award of this agreement will be made to the most quaallfied firmfindIvIdual whose proposial compiles with the pre tied requirements. The My reserves the right to reject any and all proposals,, and to waive any technical errors, Irregularities, or discrepancies, If to do so Is dearned to serve the best Interests of the city. In no event will, an award be made until all necessary Investigations are made as to the responsibillty and quali tion$ of the flrmlindividual s to whom It Is proposed to make such award..

Proposals will be reviewed and evaluated by Community Development Director and City staff, and ranked based on the following considerations:
• Technical approach to scope of work
• Experience of proposed personnel and the firm In providing, CDBG program administration services
• Minority Ownership/Employment as defined y the County of Line Angeles Community Development Authority and HUD
• Cost and pricing and City's agreement with the consultant's proposed revisions t the City contract
In the event that further clarifications or negotiations are required, on-site Interviews may be conducted. Participation In these interviews will be at the expense of the Individual firms., The Selection Panel will be made up of staff members or representatives from the City.

Recommendations will be forwarded to the CityCouncil for final selection,and award.

Proposals failing to provide sufficient Information and assurances of performance to adequately assess eadw category, of the required services and/or failing to comply with the requirements and conditions of this l FP may not be given further consideration.

Each proposal will be considered along with those of other responding firms, with respect to ability,to perform effectively and efficlently those tasks outlined above, Close coordination with the City Is, required to assure that all requirements will be met. The City reserves the right to withdraw this I FP at any time without any prior notice, Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for Its own convenience and! to reject any,and all proposals responding to this RFP without indicating any reasons for such rejection(s).
u
Exhibit 2 103

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SE,RVICES AGREEMENT
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CITY OF BELL GLENS

CONTRACT SERVICES AGREEMENT FOR
[REPLACE THIS LINE WITH DESCRIPTION OF SERVICES]
n is Contract Services Agreement ("Agreement) is made and entered into this day of n _ ' , , b d between the f ity� of Bell G , a nu "cip l corporation ("City"), and ("Consultant"). The term Consuultant includes professionals in a con lilting capacity, The parties hereto agree as follows:

1.0 SERVICES OF CONSULTANT

1. �u.mpf m.m in compliance with all terms and conditions of this Agreetnent, Consultant shall provide the work and services specified in the "Scope of Services"' attached hereto as Exhibit °"A"# d incorporated herein by this reference, Consultant warrants that all work or services set forth in flue Scope of Services will be performed . a competent, professional and satisfactory . .2 Consul.::.. "rpy A l,. The Scope of Services shall include the Consultant's propose➢ or bid wrrlich shall be incorporated herein by this reference as though My set forth herein, In the event of any iriconsistency between the terms of such proposal and this Agreement, the terms,of this Agrcement shall govern.
t,3 p ark Hance with It w, , All work and services rendered hereunder shall be provided in accordance with all ordinances,resolutions,statutes,rules,and reguuiations of the City and any Federal, State or local governmental agency having jurisdiction,

1.4 °L p P'c _ rts, few n .�, s� �. Consultant shallobtain at its sole east and expense, surch licenses, p its and approvals as may be required by laws for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments,tapes,including applicable penalties and intemt,which may be imposed by laws and arise from or are necessary for the Consultanfs performance of the services req uired by thisAgreement;and shall indemnify, defend and bold harmless City against any claim for such fees, assessments, taxes, penalties or interest levied, assessed or unposed against City hereunder. l.,y Famili : tw . prk. By executing this Agreement, Consultant is that Consultant a) has thoroughly investigated and considered the scope of services to be performed, has carefully considered how the work and services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement,

1.6 + dditional Services. City shall have the right at y"time during perfirrrnance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, 14 Exhibit 2 104

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„ .. ...a s, It, i ►Utual understood between the parties that t Agreement is valid"an-d"c"nforecable only if sufficient t ds are made available by the City Council of the City for the purposes of this Agreement The availability ofding is affected by matters outside the City's control, including other governmental entities.. Accordingly., the City has the option to void the whole Agreement or to amend the Agreement to reflect unanticipated reduction in ftinding for any reason...

3.0 PERFORMANCE SCHEDULE
3,1 Tl,. a of Essence, Time is of the essence in the performance of'this Agreement 3,2 schedule of erfo ance® Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform..all services within the time period(s) established in the "Schedule of Performance” attached hereto as Exhibit "D". if any, and incotporated herein by this reference. When requested by the Consultant, extensions to the time period(s)specified in the Schedule of Performance may he approved in writing by the Contract Officer but not excmding one hundred,eighty l 0 days cumulatively.

3.3 F e... ... . time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall he extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unumally severe, weather, fires, earthquakes, floods, epidemics, quarantine restrictions,riots, strikes, freight embargoes, wars, litigation, and/or acts of any governuiental agency, including; the City, if the Consultant shall, within1 days of the comiriencement of such delay, notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of'the enforced delay when and ifs in the judgment of the Contract Officer,such delay is justified. The Cou t' ffacet's determination shall be final and conclusive upon the parties to this Agreement, In no event shall Consultant he entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Section 74 below, this Agreement sha
ll coots e in fu l force and e t until completion of the servicesno later than 4� 1 ��rpsentatjve of m..Consultant. is hereby designated as being the representative of nsul t authori to act on its behalf with respect to the work or services specified herein and to name all decisions in,connection therewith.

It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement ,for City to enter into this Agreement. Therefore,re, the re entative shall he responsible during the term of this Agreement for directing ;all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may his responsibilities be substantially reduced by Consultant without the express writtenapproval of City. to
Exhibit 2 106

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Mi • M 'wY i w ';.A � • ., :,r,N.N MM ++I'M', M :, N • it • = A� A •.. w• M ';.M m a. d r A A, H.:N. M:, w. �A. �M, •::.�!M ` ��. "� �' .�.* w•:° ,iM N cw M �M N �. vfl.w>. M •N •': li. ;N, ' '�N AI N:: # M: w A '" • '.. 1 IA • M r» # * I.I i i w: w if :1 ,C.ip. M W 111' w N N' AIM A"'R �N •" 2 N 4 �°.N AIM N `!M M M : • • N ':.:�,i X�N A :N`N . •r N N M x M N M�. -:� dU .;A'�` A•' M MIA : Vw N G.N NA r:� M �M w M. • �.. A.. 1A• M iM V N • .•:'. A A.` ..A w-'� C •' F nw � N N � :. N 1 ±.;..„'�� N N �A "�.�

d) Professional uaa u,u1,. .. a p .., d us-,ons 4 . policy + f insurance in, an amount not less than per claim with respect to loss arising from the actions of Consultant performing professional services hereunder on behalf of the City.
'All of the above policies of insurance shall be primary insurance. The general Liability policy shall name the City, its officers, employees and agents "City Parties") as aMitional insureds and shall u ai e all rights of surbr guuti ru and contribution it may have against inst the City and the City's Parties and their respective insurers. All of said policies of insurance shall provide that said in ,cc may be not cancelled without providing teas 1 days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled or arnended,, Consultant shall, prier to the cancellation or amendment date, submit new evidence of insurance in conformancc with this Section n
.1 to the Contract Officer, No work or services under this Agreement sell commence until Consultant has pro ided City with Certificates of insurance or appropriate priate insurance binder evidencing the above insurance coverages and said Certificates of Insurance or binders are approved. by city.

Consultant agrees that the provisions ofthis Section 4.1 shall not be construed as limiting in y way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting fiou m Constult nVs activities or the activities of any person or persons for which Consultant is otherwise responsible..
insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, routed 'W or better in the most recent edition off'lest Rating ruuide, The They Rating Guide err in the Federal Register, and only if'th y are of s financial category Class VU or better, unless such requirements, are waived by the 'Risk Manager of the City due to unique circumstances.

In the ev`euut that the Consultant is authorized to subcontract any portion of the work or services provided pursuant to this Agreement,the contract'between the Consultant and such subcontractor shall'. require the su or to maintain the a policies of insurance that the Consultant is required to maintain pursuant to this Section 4.1.

5.2 lr�d fu ation.
a .......tt�__p . "rctf s i p .. iability. When,the law establishes professional standard of care for Consultant's services,to the fullest extent permitted by l ^w' Consultant shall inderanify,defend and held baradess City and theCity's Parties from and against any, d all lasses, liabilities,damages, dusts and expenses, including attorneys'fees and costs w the"tent same acre caused in whole or in part by any negligent or wrongful act,,error or omission of Consultant, its officers,agents, employees of subcontractors,(or any entity or individual for which Consultant shall bear legal liability) in the performance of professional services under this Agreement., Bade n t _ p ,. 111uer.�l"u*A Professional nal iabi it) . Other than in the performance ofprofessional services to the fall extent permitted by law,Consultant,shall indemnify, defend and hold harmless City and City's Parties from and against any liability(including liability for claims, suits, actions, losses, expenses or costs of any kind, whether actual,alleged or threatened, including attorneys" fees and costs,court costs,defense costs and expert witness fees), Exhibit 2 108

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liability for interest because of such withholding,, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consuhant to insure,indemnify,,and protect City as elsewhere provided herein.

7.3 Waiver. No delay or ornission in the exercise of any rigbt or remedy by a non. defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the p 's consent or aMroval. shall not be deemed to waive or tender unnecessary the other patty's consent to or approval of any subsequent act Any waiver by either party of any default must be in writing and shall not be a waiver,of any other default concerning the same or any other provision of this Agreement. 7A Terminattpnprior to,E&mm...t p�of Term. Either party,may terminate this Agreement at any time, with or without cause, upon thirty days'written notice to the other party. Upon receipt of any notice of termination, Consultant shall immediately cease all work or services hereunder except such as may be specifically approved by the Contract Officer, Consultant shall be entitled to compensation for the reasonable value of the work product actually produced prior to the effective date of the notice of termination and for any services authorized by the Contmet. Officer thereafter in accordance with the Schedule of Compensation and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered.

7.5 iTermination for Default nof Consultant' lftermination is due to the failure of the Consultant to fulfill its obligations under this pity may, aft compliance with the provisions of Section 7. „ tale over the wont and prosecute, the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completions of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and !pity may withhold y payments to the Consultant for the purpose of set-off or partial payment of the amounts owed.the City as previously stated.

7.6 A _. ��" .Fees.. if either party to this Agreement is required to initiate or defend or made a party to any actaorn or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorneys' fees, whether or not the matter proceeds to judgment, and to all other reasonable costs for investigating such action, taking depositions and discovery, including all other ,necessary costs the court allows which h are incurred in such litigation,

0.0 CITY OFFICERS AND EMPLOYEES: wOWDISCRI wP1INATION No officer or employee, of the City shall
be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to,its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Inter.es It m officer
or employee of the City shall have y financial
interest in this Ik t nor shall any such officer or employee participate in any decision relating to the Agreement which afl~'ects his financial interest or the financial interest of any corporation, partnership or association inwhich he is interested, in violation of any State statute or regulation. 2 Exhibit 2 110

fi)tmally bound to the provisions,of tMs Agreement,and(iv)the entering into this Agreement does not violate any provision of any other Agreement to which said party is bowmi IN WTTNESS WHEREOF, the parties have executed,and entered iITW this Agreement as of dw date first written,above.

CffV4-
cIrry OF 13BU GARDENS,
A municipal corporation
Alejondm Cortez,Mayor
ATMST:

Jane flalste4 City Clerk
APMOVED AS TO FORM;
Oliva=Madniga Lemieux O'Nei%LLP
Rick Olivazv4 City Attorney
[NOTE TO STAFF: TWO signatures are requlmd If the Consultant is A coMoration, company or partnership. Delete thk note In preparing, your agreement.]
CONSULTANT:MjcAjjqj ek4j.
[insert company name
a(Calffornia corporation)
By:

Name., 44 -4w
Tide:
wo ot,
Name: name,
,nde: [insert tide f vi(B- ?1114
Address: [insert address] 4��4t&14 Y[insert address]i 5trj!�& [insert address]
[insert address]
22 Exhibit 2 111

8.3 Conflict, .of j � .:... ..t 'on uultant warrants that it has not paid or givenand will not pay or give any third party any money or other consideration for obtaining this Agreement, Consultant sell comply with all conflict of interest laws and regulations including, without limitation, !pity"s Conflict of Interest Code which is on file in the City 'ler e's office. Accordingly, should the City Manager determine that Consultant will be perfornaing a specialized or general service for the City and there is substantial likelihood that the Consultant's work product will be presented, either written or orally, for the purpose of influencing a governmental decision, the Consultant and its officers, agents or employees,as applicable,shall be subject to the City's Conflict of Interest Code.

Coyenant Against Di c.j atu ta. Consultant covenants that, by and for itself, its executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, =4 religion, sex, marital status, national origin, or ancestry in the perfonriance of this Afire Consultant shall take affirmative action to insure that applicants are employed and, that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry,

9.0 MISCELLANEOUS PROVISIONS
.l Nof ° " y notice or other communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City,,to the City Manager and to the attention of the Contract Officer, City of Bell Gardens, 7100 Grarfleld Avenue, Bell Gardens, California 90201, and in the case of the Consultant, to the person at the address designated on the execution page of this, Agreement, Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-•t rot ( 2)hours from the time of mailing if mailed as provided in this Section.

9.2 jANLrj]Lll , The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply,, .T int . at c ^ _ _. . cut. It is understood,that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement, supersedes and cancels any and all previous negotiations, agreements and understandings, if any, between the parries, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by an instrument in writing signed by both parties..

9.4 Severabilt. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenfbrceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9,5
�prj,�pu to Authorit The persons executing this Agreement on behalf"of the parties hereto warrant that(i)such panty is duly"organized and existing, ii they are duly authorized to execute and deliver this Agreement on behalf of said party, iii by so executing this Agreement, such party is Exhibit 2 121

Exhibit 2 113

EXMIT"Alt
'CPS .
[INSERT CONSULTANT NANG),
Exhibit 2 1 W

Exhibit 2 115 *1 [INSERT CONSULTANT NAME)

EXHIBIT "C"

MPMATIQN-
[INgERT CONSULTANT NAME)
Exhibit 2 101

EXHEBff"Dow
Exhibit '",ill

Page 2 ends

Enve j vskumm doecomtpromq ,
Exhibit 2 117

EXHIBIT ti

CONSULTANT PROPOSAL
11 Exhibit 2 118

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MEMM.- 1 9 D
INNT99PATION AL
August 2-5, 2020
Gustavo Rom ,CuarruNnrhnuuNnity Development Director
CIT"in''OF BELL GARDENS
7100 Garfield Avenue
Bell Gardens,California 902 1
RE: 20 -2025 CDBG ADMINISTRATION SERVICES
Dear Mr. B
Michaels Baker International (Michael Baker) is pleased to submit this proposal!to administer and implement the City of Bell Gardens' Community Development Block Grant CDBG and CDBG CARES Act(CDBG-CV) programs and to monitor nitor the City's CDBG-funded construction projects for compliance with federal labor standards. Michael Balser was founded in 1940 and over the past. 80 years has evolved into a leading global provider of engineering,planning,and rather consulting services..Since its acquisition of pacific Municipal Consultants(p'1V1C) in February 2015,the firm has been able to offer a full complement of housing and community development services to its clients,including CDBG administration and labor standards compliance,in addition to its extensive engineering, planning, and other capabilities.
"his proposal is based on the irnformat'io n provided in the Cit)(s Request for Proposals (RFP),, as well as our familiarity with applicable federal and state regulations and our considerable experience in administering CDBG- and CDBG-CV- funded programs for cities across California, and particularly for cities like Bell Gardens that receive CDBG funds through the Las Angeles County Development Authority L. CD .

Michael Baker is proposing to provide all!services required for the successful administration and implementation of the City"s CDBG and CDBG-CV programs at costs that fall within the activity delivery fees allowed by the LAC utu for such services. The project team we have assembled is extremely well quualified to provide these services, having a combined BLI years of housing and community development experience. Most importantly, our project team members have administered and implemented CDBG and CDBG-CV CDBG-CV programs for numerous California cities and counties, including 11 cities that received their, CDBG annd CDBG,-CV CDEG,-CV funds through the L, C , .

Our staff is quite familiar with the policies, procedures, and expectations of the LACDA related to the utilization of CDBG and CDBG-CV funds.
e believe that our proposal is fully responsive to the City"s RFP and that the services being offered by Michael Baker will fulfill the City°s needs in,a comprehensive,well-integrated,and cost- 3760 Oroy Airport Way,Suite 270 Long Headr,CA qo8oB
MBAKERINTL.COM R 1 t M71773R(5621 20 7166
Exhibit 2 120

03M."EI s
M"'M I MMOWSAWWWO
INTIANATIONAL a
effective manner.This proposal and the price qu!otatilons contained herein are firm and irrevocable for one year following consultant selection. The proposal has been signed by out associate vice president Albert V. Warot Who has the authority to bind the firm to proposals and execute agreemenU.

We sincerely appreciate the opportunity to submit this proposal and look forward to assisting the City with the administration and implementation of its CDBG and CDSG-CV programs, If you ha" any questions regarding this proposal, please contact Shannon, Andrews at (562) 202-0893 or lbannon.andrews2mbakedflUm.

Sinn eref V,
t44
Albert V. Wart Shanirlon Andrews
Associole VL-e President Project Monog
MOAKERINTL,COM 3760 Oroy Airport WaY.Sufte 270 LON Be ack CA 90806 P.(562)200-793F�(562)200-7166
Exhibit 2 121

MEMMIM MA*v
lVerow
I A T IAN AT IONA L Be

TABLE OF, CONTENTS
'TECHNICAL PROPOSAL.www,............www..... .......................... ............................................................

Exatutive Summary
Approach
Tasks
Timelln

MANAGEMENT AND STAFFING
FIND
FIRMEXPERIENCE w..w,vr....................... ..........++wa+r.................... ................

REFERENCES'............w................w.. ......•...w......w...w.............. .. .......... ........................

COSTANDPRICING .w............w.....................w......w..a.w...w.............w..w.w......................................... A ADDITIONS OR PTIO ........................................... 1

APPENDIX A- RESUMES
MBAKERINTL.CDM
7 0KI� f yAR oftWay; uit 7o n 'ac
RM2)20 7T73F )2 7166
Exhibit 2 122

PROPOSAL FOR 2020-2025 CD8G ADMINISTRATION
P8e t

TECHNICAL PROPOSAL
Executive Summary
Michael Balser International (Michael Baker) is a leading i to al provider of engineering, planning, and other consulting services,The firm, which is a corporation, was founded in 1940 and provides e comprehensive, range of innovative services and solutions to support federal, statute, and municipal government agencies and anther diverse clients, The firm has more than 3,500 employees in over 90 offices located across the united States and interr►etilonally.

In addition to it extensive urban and environmental planning and engineering capabilities, Michael Balmer can offer Its clients a full array of housing and community development services.

The firm's staff is experienced In carrying out a wide range of housing and community development projects using a variety of funding sources, and particularly the federal Community Development Block Grant(CDaG)and CDBG CARES Act(CDBG- programs.Based on our long- term involvement in administering housing and community programs, we have developed a thorough understanding of the program,requirements of the funding agencies involved and have established sound practices and standard procedures to maintain a high level of accuracy and productivity. We have assisted numerous Southern California communities with the general administration and implementation ofCDBG ,and CDBG-CV programs and particularly cities like Bell Gardens that receive CDBG and CDBG-CV funds through the Los Angeles County Development Authors(I ,CDA).Our staff is also highly proficient at performing labor r standards compliance monitoring for CDBG-funded construction projects..

Michael'Baker is proposing to provide all the sorvices being requested by the City as Identified in the Scope of Services section of the Itl`"'p and at costs that fall within the activity deliverer fees allowed by the US Department of Housing and Urban Development (HUD) and the LACDA for such services" These services will be provided by a highly qualified team of housing and community development specialists based in our tong Beach office,who collectively have over 80 years' experience working with the CDOG program. Most importantly, they have an extensive working knowledge of the processes, procedures, performance expectations, and financial reporting requirements of the LACI A.

Approach
It is our understanding that the City of(Bell Gardens is seeking a consultant for the administration and implementation of the Ci s CDBG and CDBG-CV programs. The consultant to be assigned' to the position must exhibit extensive experience in the implementation and administration of the, programs, contract administration, and project management and labor compliance for CDBG- funded construction projects,We further understand that the City participates in the Los Angeles Urban County CDBG and CDBG-CV programs. As such, the City receives Its annual allocation of CDBG funds from HUD through the LACDA, which will require experience and knowledge of the 1413AK NrrNTL,COM oK11my Airport Way.Suite Zrom ar ,CA 90ftfi r"(56 as Rl56xi a-7m66
Exhibit 2 123

PROPOSAL R 2020-202S COOL ADMINISTRATION u

Page 2 ends

processes, procedures, performance expectations, and financial reporting requirements associated with participation in the lA l A administered CDBG and D1 GwC programs, I' urono the 202 - , 21 fiscal year, the City will have approximately in CDBG funds available, plus an additional $12,290 of the prior years unallocated funds, for a total of$ 4 , 2 , The City also received approximately S374,S13 in supplemental CDF;G-CV funds from the o oronavirus Aid, Relief, and Economic Security (CARES) fact, Additionally, $690,542 in funds are allocated to an on-going project in relation to the Section 108 Loan Guarantee program.The City is looking for a consultant who can ensure proper and timely expenditure of these CDBG and CDBG-CV program funds ari l provide federal labor standards compliance.

Michael Baker's technical approach to administering the ity's annul CDBG grant and additional DBG-CV funds involves assigning a well'-qullfioed team to provide the services requested by the.

City. Purr designated project manager, Shannon Andrews, will report directly to City staff in delivering the desired services,She will serve as the lead person for the general administration of the City"s annual CDBG grant and CD8G-CV funds, Micheal Deal will assist Ms. Andrews with the preparation of annual planning documents, the submittal of required financial and performance reports to the 1..ACDA, and the monitoring of C - and CDBG-CV funded' public service programs.

Sandra Lee will perform Labor Standards Compliance monitoring under the direction.of 'Damien Delany, labor compliance manager, Finally, Albert Warot will provide corporate oversight of the assignment and be available to back up and render technical assistance to Ms..Andrews as needed. schedule for the submittal of requir+ reports in, accordance a with lAWA time s is presented in Appendix B of this proposal.The qualifications and roles of our team members are further discussed in the pro po sal's Management and Staffing section.

Ms., Andr will establish schedules for the preparation of work products in concert with City staff and in accordance with the general time frames shown n in Appendix B.She will be responsible for ensuring adherence to the established schedules and keeping City staff apprised of the status of the work being performed. She will also inform the City of any problems or obstacles to program implementation as soon as they are encountered.Any work products requiring the City"s approval, prior to submittal to the LACDA, will be prepared with adequate time for the City°s review and approval.

Our customer service is evident from the outset of each assignment, as we typically attempt to schedule our initial meetings with all pertinent City staff, mother key feature of our commitment to customer service is the development and maintenance of effective ongoing communication with all participants throughout the year. our staff members can be reached by cellular phone or at our 1-800, number, and all messages will be returned within a 24-houir periiodl, excluding weekends and holidays. Our project manager will provide City staff with, monthly reports on the status of all,CDBG- and D G- V program, activities.
376o KilroyAlrport Way,Suite 0 L ong Beach,CA gwo6
AKE:Rw Tr_.cO ryals l wo- 3E(562 a0 �w�6 Exhibit 2 124

PROPOSAL FOR 2020-2025 C006 ADMINISTRATION
Pa go 3
As another standard operating procedure, the eligibility of all proposed public improvements would have to be ve0fied prior to being approved for funding.The plans for any changes would have to be ewed and approved by the,Cfty's Public Works Department as soon as the changes are identified and verified Iby Michael Baker staff This,approach will ensure that the construction, work is being done in accordance with all applicable City codes, standards, and ordinances and with the plans and specifications for the project. Once the construction work Is under way, our staff Will perform the necessary interviews with the trades involved and ensure employees are receiving the co wages in accordance with the contract, Michael Baker staff will review all progress payment requests prior to submitting a request for the disbursement of a progress payment to a contractor.We will inspect the work to ensure it has been completed In accordance with the scope of work in the construction contract and to the satisfaction of the City's Public Works Department.Any corrective work that needs to be performed before a progress payment can be released will be clearly identified on a punch list of remedial actions, in adhering to this management approach,Michael Baker Will perform construction administration In a manner that minimizes the demands placed on City staff.. Iln addition to construction administration, Michael Baker staff will make certain that all required CDBG reports are properly prepared and submitted to the LACDA prior to the, reporU'due dates to ensure compilance and timeliness.

Tasks
The Scope of Services,section of the RPP Includes a detailed listing of the tasks to be performed in administering and implementing the City's CDBG and CDBG-CV programs and monitoring CDBG-funded construction projects for labor standards compliance. The tasks haw been accurately and comprehensively identified. Hence, rather than merely reiterating those tasks, Michael Baker affirms that it intends to perform ail the tasks, identified in the Scope of Services, which Is incorporated herein by reference.The fees quoted In the most and Pricing section of this proposal are Inclusive of all services listed in the Scope of Services.

Timellne
An annual calendar of events showing the general time frames for the completion of all major tasks associated with administering CDBG and CDBG-CV programs in Los Angeles Urban County participating cities, such as Bell Gardens, is presented in App*ndix 8. Similar graphic schedules would be prepared for all CDBG-funded public works projects as project details are provided, MOAKERINILCOM 3760 K&OY AVPOnW&Y�Suite=Long Beack CA 908M R(5542CO-7173 F:02)200-P65
Exhibit 2 125

PROPOSAL FOR 2020-202 r CDBG ADMINISTRATION

Page 4 ends

MANAGEMENT E STAFFING
All work will be performed by Michael Baker employees; no subcontractors will be utilized. Our staff is prepared to perform all tasks identified in the Citys W.Our project team'has considerable experience in administering annual CDBG grants and implementing CDBG andCDBGCV-funded public service and public works projects.Proposed project team members are listed below, Albert l" ru t, Project Director
Mr. Warot is the manager of Michael Baker International's Long Beach office, which is the lead office for this assignment He will be responsible for corporate oversight of the services provided to the City of Bell Gardens and will serve as Michael Bakers QA1QC officer.He will also be available to provide backup and technical assistance to time project manager,if needed.Mr.Warofs 40-p►llus gears of experience in the planning field in Califomia span every aspect of planning. Much of hils career has been spent administering CDB , HOME, and other state/federal grant-funded projects and programs for cities across California, including oversight of numerous CDBG-funded construction projects. Mr. Wa,rot served as chairman of the former City Advisory Committee for the Los Angeles Urban County CDBG Program, has a,long-standing working relationship with the LA DA,and previously served as contract CDBG Program Manager forthe City of Bell Gardens for a number of years.

Shannon Andrews, Proujerct anag Wr
Ms,.Andrews will!,serve as project manager for the administration and implementation of the City°s CDBG andCDBG-CV programs.She will be responsible for the general administration of the City s annual CDBG grant and the management of the City"sCDBG-funded public service and public works pro*ts.She will be the Citys purimM point of contact for all project activities, Ms,.Andrews is particularly well qualified to serve in this capacity with over 12 years of expedience administering state and federal grant-funded prograirrms. She Ihas administered CDBG grants and/or manage +CI G-funded projects for 18 Southern Califorruia cities. Of these cities, 11 are communities that receive their,CDBG funds through the LACCDA,similar to the City of Bell Gardens.

Micheal Neal, CDBG Grants Specialist
Mr, Neal will assist Ms. Andrews with the day-to-day administration of the Cit 's CDBG- and CDBG,-CV programs. He is extremely familiar with,the LA I A°s reporting requirements and is fully capable of performing labor standards compliance monitoring. He is well qualified to serve in this capacity, having assisted with the administration of CDBG and CDBG-CV programs for the other LACDA participating cities, including Beverly hulls Calabasas,Hawaiian Gardens,Lavwndial+e,Lomita, Rancho Palos Verdes,polling Mills Estates, San herrmando,Signal Hill, and Westlake Village.

Damien Delaney, Labor Compliance Manager
Mr. Delany has over 22 years of experience in the construction and project management field, He has overseen project management and labor compliance, both with a private construction.. firm 37 6KilroyAirportWay,Suite 70 Long Beach,CA go8o6
Me:sK auuwtL.Chut R(56a) 7i73r�i562sjwo-70 Exhibit 2 126

Page
and as a consultant for many public and private entities. He has overseen or personally managed the operation of federally Nnded construction programs for 12 Cali 6mla cities, working ir1 with a varieV of agencies, including other L ACDA participating cities such as Lawwndale, Ran,chio Palos Verdes,Torrance, San Fernando,and Signal Hilll. He will serve as the task manager for monitoring public works projects fear compliance with the D "s- acoin Act and gather applicable labor standards,.

Sandra Lee, Labor Standards Compliance Officer
Ms.Lee is a Labor Standards Comipliance officerwwith experience in provicling Davis-Bacon Act and state prevailing wage monitoring services fair cities and.developers.She has conducted prevailing, wage monitoring for numerous cities with various funding sources, including CDB , state bonds, and local county funds. leis. Lee will be available to assist the labor compliance manager with interviews, certified payroll review,file maintenance,and'the preparation of any necessary repo to the LACDX She has, experience with employee intervi s, wage compliance investigations, restitution requests,and Section 3 document review for other LACDA participating cities,including Lawrwndale, Rancho Palos Verdes, and Torrance.
urn s for these team members are contained in Appendix AA to this proposal.

O. 73 R 7166
Exhibit 2 127

PROPOSAL FOR 2020-2025 CDOG ADMINISTRATION
P

Page 6 ends

..................

FIRM EXPERIENCE
Michael Baker's staff is experienced in carrying out a wide irange of housing and community development projects uxsingi a variety of funding sources, These include local, state,, and federal sources such as CDBG, Home Investment Partnerships (HOME), Neighborhood Stabilization Program (NSP) and CalHlome grants,tax credits, Successor Agency Housing Trust funds, and tax- exempt bond financing. Michael (Baker, staff has assisted jurisdictions with procuring and administering state and federal grants for a variety of activities, including housing rehabilitation, first-time homebuyer assistance, commercial revitalization, code enforcement, public facilities, and most relevant to the City of Bell Gardens, public services and public works projects,.

Based,on our long-term Involvement in administering,housing and community programs,we have developed a thorough understanding of the program requirements of the funding agencies involved and have established sound practices, and standard procedures to maintain,a high level of accuracy and productivity, We have developed excellent working relationships with the respective funding agencies, including the California Department of Housing and Community Development (HCD), HUD, and the LACDA, Our staff regularly attends workshops and training sessions sponsored by these agencies in order to remain current with the agencies' changing regulations and procedures, Based on their education, career training, and work experience, Michael Baker staff members are extremely well qualified to provide the services being requested by the City of Bell Gardens.

Michael Baker offers a broad range of grant application, administration,, and implementation, services. Selected relevant ongoing assignments involving the general, administration of CDBG grants and the implementation of CDBG- and CDBG-CV funded projects and programs are described below.

City of Beverly Hills
CDBG Grant Administration and Housing Rehabilitation, Programs Implementation Michael Baker is currently administering the City's annual CDBG grant received through the LACDA, as well as performing all tasks associated with the implementation of the Ob/s, CD8G- funded single-family housing rehabilitation and multi-family handyworker programs and the Ws CDBG-CV funded Senior Activities and Rental & Utility Assistance programs, City of Calabasas
CDBG Grant Administration and Housing Rehabilitation Programs Implementation Michael Baker performs ali tasks associated with the implementation of the City's, CDBG-funded housing rehabilitation loan and grant program and assists with the general administration of the City's annual CDBG grant received through the LA A.
a760 Kilroy Airport Way.SWU270UN Beach,CA 9OB06
MBAKERINTLCOM R(562)2001173 F:(562)2oo--,n 66
Exhibit 2 128

PROPOSAL FOR 020-2025 CDOG ADMINISTRATION

Page 7 ends

City of Hawaiian Gardens
CDBG Grant Administration and Program Implementation
Michael Baker administers the dCit, "'s annual CDBG grant received through the LACDA and assists with the Implementation ofCDBG-funded public service and public works projects, as well as the Cit 's CD8G-CV Senior Activities and Yowlthl Enrichment programs.

City of Lawndale
CDBG Grant Administration and Program Implementation
Michael Maker administers the Cites annual C0BG grant received through the LACDA and assists with the implementation n f I BG-fu nded public service and public works projects,as well as the Cit, s CDBG-CV Senior Activities program.

City of Lomita
CD8G Grant Administration and Program Implementation
Michael Baker administers the Cit 's annual CDBG grant received through the LACDA and performs all tasks associated With the Implementation of the City's CD13G-funided single-family housing rehabilitation and Ufallne programs, as well as. the Cit 'sCDBG-CV Job Creation, Business Incentive loan program,Michael Baker also performs subrecipldent monitoring for DBG- fuund'ed public service programs.

City of Rancho Palos Verdes
CDBG Grant Administration and Program Implementation
Michael Baker administers the Cit 's annual CDBG grant received through the LACDA and performs all tasks associated with the Implementation of the ity"sCDBG-funded public works, p,rwj
City of RedondoBeach
CDBG Grant Administration and Pro rarrn Implementation Michael Baker administers the Citys annual CDBG grant received directly from HUD, performs labor standards compliance for CDOG-funded public works/facilities projects, monitors the activities of CDOG-funded public service agenwcies� and operates a I g -funded Mobility Access/Emergency Repair Program,
City r of Roiling Hills Estates
CDBG GrantAdministration and Ord harry Implementation Michael Baker administers the it 's annual COW grant received through the LACDA and assists With the Implementation ofCDBG-funded public works projects, as well as the it "s CDBG-,CV Senior Activities program.

Exhibit 2 129

PROPOSAL FOR 2 0-2025 CDBG ADMINISTRATION
Page4 '
Cl of'San Fema udo
CDBG Grant Administration and Labor Standards Compliance Michael Baker performs laborstarndards compliance monitoring forthe Cit 'sCDBG-funded public works projects and assists with the general administration of the City's annual CDBG grant received through the LACDA, as well as the Cit 's CDBG-CV CDBG-CV funded Residential Food Distribution rn
and Personal Protective Equipment Business assistance programs, City of Signal 'Hill
CI Grant Administration and Labor Standards Compliance Michael Baker administers the it 's annual CDBGI grant received through the LACDA and performs labor standards compliance rr onitoiring for the City's CDBG-funded public works projects,as well as the it 's CDBG,-CV Sevier Activities program.

City of Westlake Village
CDBG Grant Administration and Housing Rehabilitation rograr s Implementation Michael Baker performs all tasks associated with the implementation of the ity's I G-funded housing, rehabilitation, grant program and assists with the general administration of the t it 's annual CDBG grant received through the LACDA,
MBAKERINTLXOM P.,(5sz) rso- 73r;issai a 66
Exhibit 2 130

PROPOSAL FOR 2020-2025 CD86 ADM IN ISTRATION
Page

REFERENCES
References for Michael Baker assignments involving the services requested by the City, f Bell Gardens are as follows:

City of Beverly Hills
` James Latta, Human Services Administrator
,Matta evert rhllls.+ rg
City of Calabasas
John, Bin ham, Admin Services Manager
µ ( 1' ) 224-166
jbingham clt ofcsl basss.com
Finds Hollingsworth, Finance Director
(6 991 8
[email protected]
City of si rndal
Sean floors, Community Development Director
(650) 991- 048
[email protected]
City of Lornita
Gary Sug no, Assistant City Manager
(310) 325-7110
g.sugano0lomitecit org
City of Rancho Palos Warders
Loma Cl kee, Senior Administrative Analyst
[email protected]
:(56 (562)200-7166
Exhibit 2 131

PROPOSAL FOR 2020-20,25 CDOG ADMINISTRATION

Page 10 ends

City of Redondo Beach
John La Rock, Community Services Director
(310) 318-0671
[email protected]
City of Rolling Hills Estates
Mike Whitehead, Administrative Services Director
(310) 377-1577
m [email protected]
City of San Fernando
TM Nick Kimball, City Manager
(818) 898-7307
[email protected]
City of Signal Hill
rely Mancini, Community Services Director
(562) 989-7320
[email protected]
City of Westlake Village
Audrey Brown, Assistant City Manager
(8 18) 706-1613
aud�[email protected]
MBAKERIN7L.COM 3760 KiVoy kirplaft Way,Suite 270 Loog Bach,CA 9o8o6 R(562)20&T73 F(562000-7166
Exhibit 2 132

PROPOSAL FOR 2020-20,25 CN" 86 AD IN ISTRATION 4' COST AfM PRICING`
Michael Baler proposes the following not-to-exceed (laN 'E) amounts to provide Community Development Block Grant (CD8G) and CDBG CARES Act (CD8G-C'w) Implementation and Administration Services,to the City of Beth Gardens for one year,with the caption of four one-year extensions (totaling five years). The proposed NTE cost of $58,,400 for Fiscal 'Year 202012021 is based on than City's available CDBG monies identified in than RFp to provide all the services identified as Tasks 1 through 21 of the RFP.
_.. r iio andw It leirnerfttlion.. A m.... . . �w_,�..._ .. � p .. _. . o ....... � _......, � . l... "�! NFun,di�n .A.� Viral and 1 I�rra�erala�_ .. m. _.,. �......._... ,.....�.�. �.... * NTE amounts,germ 9%of the overall funding allocations aiioa d by f CDA for proje t administration.

Michael Baker Is proposing the additional I%tee used to augment City staff casts. "Services to be provided on an as-needed bosh as stated In RFP, with fee to be estimated and agreed upon prior to commencement of work.

NWlic4ael Baker, also proposes to provide all the services identified as Task 222 of the NON=F' for a Section 108 Loan Application for an NTT cost of ,
S art 1 OF l� aera .ictiorr
mm e �. . �. .._. .. . ..._.®.. N._ The fees quoted alp are root-to-exceed amounts and are Inclusive of all project coasts. These fees are based on the anticipated number of hours to be devoted by the various team members at the following houdy rates;.
r
. .* ; _. . . .�. _ ...._ 1 . ... . .. ....� � e JtMI „ 0 ..... .....

Dimlen "4�!Par 1;9! n arantcaa Man for 1'� raa Lee, Labor Standards .�...,w. t nee coffeer . .a. M.. ._. w The City will not be charged for travel but only for the hours worked by Ms,Andrews or anther staff at Nell Gardens City Halt actual project sites in the city, or our offices In administering and implementing the City's annual CDBG program, and providing labor compliance services, 'these price quotations will remain firm and irrevocable fear one year following consultant selection, r. 2 - r:isD-71as
Exhibit 2 133

PROPOSAL FOR 2020-202S C0136 ADMINISTRATION
TION

Page 1 ends

ADDITIONS OR EXCEPTIONS
Michael Baker appreciates the opportunity to review and provide any comments to the City of Bell Garden's sample Contract Services Agreement The following are limited requested, based upon the professional standard of care to be observed, Insurance commercially llyr available, and vase experience on CDBG (projects. We would appreciate the consideration of the City of these comments and will work to come to agreement on terms,
3760 Kilroy Airport Way,Suite2,70 LongBead,CA 90806
Exhibit 2 134

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4.2 Contract Officer. The City's City Manager is hereby designated as the representative of the City authorized to act in its behalf with respect to the work and services and to make all decisions in connection therewith "'Contract Officer").cer"). It shall be the ConsultatiVs resportsibility to assure that the Contract Officer is kept informed of the progress ofthe perfbnnance of'the services and the Consultant shall refer any decisions,which must be made by City to the Contract.Officer, The City may designate another Contract Officer by providing written notice to Consultant. 4 ._. tabconlra t r.. t ua at a �esperiera�, lrn, wvledge, capability and reputation of Consultant,its principals and employees wen a substantial inducement for the City to enter into this Agreement. Therefore., Consultant, shall not contract with any other entity to p»erfonra in,whole or in part the services required hereunder without the express written approval of the City In addition,neither this Agreement not any interest herein may be transferred or assigned without the prior written approval of City. (errs restricted hereunder shall include the transferto any person or group of persons acting in conch of more than twenty five percent % of the present ownership and/or control ofConsultant taking all fern into account on a cumulative basis. A prohibited transfer or assigament shall be void.. No approved transfer shall release the Consultant or any surety of Consultant of"any liability hereunder without the express consent of City. . - igi-0 ., COOT . Neither the City nor any of its employees shall have any control over the manner or means by which Consultant,its agents,or employees,perform the services faired herein, except as otherwise set forth hereim Consultant shall perfom all services tt" In ins as an independent contractor of City and shall remain under only such obligations as are consistent with that role, Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of t,'`:ityy, City shall not iai any way or for any ptapose become or be deemed to be a partner of Consultant in its business or otherwise. or a joint venturer or a member of any joint enterprise with Consultant.
6"0 INSUONCE AND INDEMNIFICATION'
.1 Lns . Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City,during the entire term of this Agreement including any extension thereof", the following pohcies of insurance:
a ...._ et tnrcawalt�l :�bar . policy ofc ial general lialaililyy insurance Casing Insurance Services Office ""Co ial General Liability"policy form CO 00 01,with an edition date prior to 2004, or the exact equivalents Coverage for an additional insured shall not be limited to itsvicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than$,5,000,000 per occurrence for all covered losses and no less than$5,0,00,0,00 general ag te, ' r r 0 f ro ": to pInsurance, policy of worlters'eom a ion insurance ll
on a state approved policy form providing,statutory benefits as;regraired by law with ployere's liability limits no less than 1,0 " 0 per accident for all coved losses. �tom t ve bEgance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than $1,000,000 per accident, combined single firnit, Said policy shall include coverage for owned,nova owned,leased and hired cars.

Exhibit 2 1 g

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APPENDIX A

RESUMES
MB,AKERINTL.COM 3760 WryAlrpodWay,Sulftv M LoqgBead,�CA 908a P,(562)20"73 R(562)200-7166
Exhibit 2 138

ALBERTV. WARM,, PROJECT DIRECTOR
Mr.Warot has more than 46 years of professional planning experience proelgonal Affaaftas wd Involving both public and private sector employment. His experience 3ervica spans all aspects of planning, including current advance, and * American Plonnirig environmental planning, as well as housing and community Association development Most of his career has been spent assisting California 0 Association of cities In addressing their housing and comr6unity development needs Env outs Professionals
through securing, state and federal grants and administering grant- * Naflonol Associcitlon of funded, activities. As an operations manager, Mr.Warot is responsible Housing and for managing and overseeing numerous projects In a number of Redevelopment Officko Michael Baker International's service areas. 0 Sustolnobts City Committee,City of Signal
Foil
Education # Oveisight B,oard�,City of
BS,Geography I Northern Arizona University Signal Hill '9 Los Cerdtoss WendsGraduate Studies/ Teaching Assistant Geography I University of Restonation Advbvy Arizona Cornmit!", City of Long
Beach
Relevant Project Experience Chairnnan,City Advisay Comrrdttae,tos Angeles
Urba
City of Hanfo n County CDBGrd. Directed the operation of housing rehabilitation Proaporn, programs funded by Community Development Block Grant (CDBG) and Home Investment Partnerships,(HOME). Are and Monars *' Distinguished Leadership,
City of Lake forest Directed the preparation, of the it Award ftom the Los Consolidated Plan and Annual Action Plan for continued CD8G,funding Angeles Secftn of the American Planning
from the federal Department of Housing and Urban Development Association (HUD).

T"M Mornb4rr since 2014
County of Orange.Directed the preparation of the Consolidated Plan and AnnualActlon Plan,for the Orange Urban County CDOG program.

City of Sind Valley. Directed the preparation of the City Consolidated P'lan and Annual Action Plan far continued CDBG funding from HUD.

Chy of Greenflakil. Directed the administration of a HOME-funded housing rehabilitation program-
City of Bandow. Managed'the updating of the Housing Element of the City's General Plan.

Oty of Waftiake V111age. Managed two updates of the Housing Element of the City's General Plan certified by the California Department of Housing and Community Development,(MCD).

MBAKERINTL.COM 376OKilmy AVpert'Way.5tj1tez)u Long Beach CA 90806 PtW200-7173F4562)2DO-7166
Exhibit 2 139

City of Tehams. Managed a series,of CDOG-funded housing studies for the City,which included household income and housing condition surveys and an investigation of potential funding sources to assist low-income residents with housing costs,, Tulare County. Managed a CDBG-funded urbanization and blight analysis for the County's Redevelopment Agency that involved approximately 600 parcels,in the community of Tipton.

City of0intario Redevelopment AWcy. Managed, a survey of physical blight conditions for a proposed amendment to the Cimarron Redevelopment Project Area Plan. Managed the provision of on-call redevelopment and planning services to the City and its Redevelopment Agency and Housing Authority,
City of Sao Gabriel.Assisted,the City with the administration of its C1 8G program.

City of Marysville. Assisted the City in securing HOME funding for and subsequently administering a housing rehabilitation program.

Humboldt County. Managed a CDBG-fundled urbanization and blight analysis involving eight redevelopment survey areas containing approximately 2,200 parcels, City of La Puen:te. Assisted the City with the administration of its CDBG program., Managed the updating of the General Plan Housing Element certified by HCD,.

City of Bell Gardens. Assisted the City with the administration of its annual CDBG program as needed. Responsible for training City staff in the administration of the grant providing direction in the formulation and Implementation of projects, and satisfying federal reporting requirements, The City was recognized by the Counter's Community Development Authority for overall program performance and for the Project of the Year in the Urban County of Los Angeles, City of Calitnesa. Managed two updates of the City's General Plan Housing Element certified by HCD. Assisted the City with the procurement and general administration of multiple CDBG/HOME grants and the implementation of various CDBG- and HOME-fuinded activities, including the Initiation of a housing rehabilitation program, a park feasibility study,and household income and housing condition surveys.

City of Cudahy. Assisted the City with the administrator of its CDBG program.

City of Agoura, Hills. Conducted a community development needs assessment that resulted in the establishment of a CDBG-funded housing rehabilitation program, Coordinated the preparation of guidelines and all other materials needed for the operation of the program.

Plater County. Directed the administration of CDBG- and HOME-funded housing rehabilitation programs.
,3760 Kilroy Airport Way.Sulte 270 Long Beach,CAL90806
MBAKERINTLXOM RiS62)2oo-p73 F:(562)200-7166
Exhibit 2 140

City of Suter life. Assisted the City In procuring $1 million in state CDBG funds for housln�; rehabilitation purposes and subsequ�entfy oversaw the operation of the housing rehabilitation program.

City of Colusa. Responsible for oversight of a $1 million housing rehabilitation program, As a prerequisite to using state CIDOG funds, updated the General! Plan Housing Elements procau, that was completed in a period of five months, including certification by HCD. Prepared a successful application for$500,000 In state CDSG funds for continued operation of the program, Los Angeles County. As chairman of the City Advisory Committee for the Los Angeles Urban County C.DBG program, served as spokesperson for the 48 cities that comprise the countrys largest urban county program,. Served in this position for several years while representing the Count First Supervisorial District as CDBG coordinator from the City of Rosemead, Oty of Torratice.As the associate planner in charge of community development responsible for administering an annual CD8G entitlement of $13 million, a re assistance program involving 254 Section 9 certificates, and the implementation of a redevelopment program consisting of three project areas.

MOAKERINTI.XOM 376o K11myAVport WOYSulte M L0%Beach,CAsO806 F1(S62POO-P73 Fl.(562)2m7M
Exhibit 2 141

SHANNON ANDREWS, PROJECT MANAGER
Ms. Andrews serves as a technical specialist and projects Pixiftsdonal Affluations manager in support of Michael Baker International's California Association of housing and community development assignment$ Code Enforcement Officers throughout the State of California, She has, considerable (CACEO) experience in securing and subsequently administering TrainhV/Somusers grants for Michael Baker clients. Ms, Andrews also has * Fair Housing Equal extensive working knowledge of the housing Opportunity certification by California HCD
rehabilitation process using State and Federal grants. Her # Cerfificatiton in Income experience! also includes grant writing and grant Determination by the administration for over $5-millillon dollars in State and California HCD Federal grants (owner-occupled housing rehabilitation; * Advanced Certffication, new park construction; energy efficiency of City Hall and from CACEO Citywide street lights, General Plan update), as well as Tearn m&mber since 2016 extensive compiling, and preparing annual, semi-annual, quarterly, and monthly reports for the following outside agencies: CDBG and HO M E through HCD; MSHCP'reports.
for the Riverside Conservancy Agency, TUMF reports for
the Western Riverside Council of Governments.

PROJECT EXPERIENCE
City of Beverly Hills - Contract Staff overseeing the applicant qualifications for the City's Below-Market Rate Program for the Garden House project, City of Chow chilla- H ousing Specialist for the ad mli niistratio ni of both CDBG-and HO,M E- funded housing rehabilitation programs.

City of Grass Valley - Contract Staff overseeing the securing and administration of a "-time hornebuyer program and both CDBG and HOME monitoring, Monterey County - Contract Staff overseeing the applicant qualifications of the East Garrison Affordable Housing Program.,
City of Norco - Project Manager for the administration of a housing trust/bond-funded housing! rehabilitation program.

MBAKERINTLCOM 3760 Kilroy AirportWay.SuIte270LongUachCA90806 R i562)200-�n73 F(S621200-7166
Exhibit 2 142

CI ty of Rosom"d - Housing Speciallst, for the administration of both CDBG- arld OME tended housing rehabilitation programs.,
City of South San Francisco - Contract staff ovefseeing the applicant qualifications for the is Below-Market Rate Program 'or both buyers and renters, City of Union City - Contract staff overseeing the applicant (JUalffication." for the City's Below-Market Rate Program for buyers.

MOAKERINTL.COM 3760 Kilroy Airport Way,S0927OLorgaelch CA qoft6 P:(562)200-7173 F;M)2M7166
Exhibit 2 143

I
MICHEAL NEAL, CDBG G,RAN�TS SPECIALIST
Mr. N,eal has 25 years of experience in administering COMmunitlY Team Member siow 201 S Development Block Grant (CDBG)/Horne Investment Partnerships (HOM!E) grantSL assisting with the implementation of residential rehabilitation programs, conducting Section 8 Housing Quality Standards, inspections, and interpreting and applying provisions of the US Department of Housing and Urban Development rules and regulations pertinent to housing rehabilitation, programs and other CDBG/HOM E-funded activities.

Education
BA, Liberal Studies I California State Polytechnic University, Pomo�na Relevant Project Experience
City of, Westlake Village. Administered the City's CDBG-fundecl housing rehabilitation program.

City of Hawaiian Gardens, Administered the City's annual CD grant, City of Norco. Administered a housing trust/bo�nd-funded housing rehabilitation program,
City of Lomita. Administered the City"s CD program and managed the housing rehabilitation program.

City of Signal Hill. Administered the City's CDBG program and implemented funded projects and programs.

City of Redondo Beach. Managed the City's CDOG-funded Mobility Access/Emergency Repair Program.

City of Calabasas.Administered the City's CCSC -funded housing rehabilitation program.

City of Temple City. Assisted with the,operation,of C DBG,CDBGR,and Energy Efficiency and Conservation Block Grant (EECBG)—funded housing rehabilitation programs.

MBAKERINTLCOM V60 Kilroy Airport Way,Suite aLang Beach,CA 9o8o6 R(562)200-7173 F M2)2001-7)66
Exhibit 2 144

City of Beverly Fulls. Administered the °it 's CDBG programer and managed the housing in
rehabilitation program,
City of Callmess. Assisted the City with the administration of a HOME-funded housing rehabilitation program and managed a CDBG-funded housing rehabilitation program for the City,
City of Son Bwrwrdino.Served as project coord1ni for for the Cit 's EC8G_t'undwed G reen Home Makeover Program, working with homeowners and scheduling energy audits and energy efficiency improvements.

City of Bell Gardens. Managed the operation eration f a redevelopment ent agency—funded Housing Rehabilitation Loan and Grant Program.

Cif of San Gabriel. Performed the general administration, of the City's annual CDBG, program mrm and managed d the operation of CDBG-funded housing and commercial rehabilitation programs.

City swam male. Performed general administration, of the City"City"s CDBG and HOME programs, including compliance with reporting requirements and the management of projects. Assisted w,�ith th op� ration o CDBG-fund d public service and residential and commercial rehabilitation n programs.

CRY of Goloft. Provided technical assistance in monitoring public services agencies to ensure compliance with federal' requirements.

Chy of Culver !City, Culver City Housing Authority. Conducted housing quality inspections for time Housing uthori�ty' Section 8 program.

City of Hawthome, Hawthorne Housing Authority. Conducted housing quality Inspections for time Housing Authoritys Section 8 program., m.,
MBAKERINTLXOM 0 Kfty AlrportWay.swe Vo Lo 6e d�CA,90806 R i mm29 W F i56
Exhibit 2 145

DAMIEN DELANYr LASOR COMPLIANCE MANAGER
Mr. Delany is a Principal Planner and the,Lead for Housing Ptaftwonal Affiliations and Community Development Service& Mr. Delany has 25 National Ass l4tion of years of experience in the grant administration and Housing and project management field. He has overseen, or personally Redevelopment Officials managed the operation of federally funded grants and Tralrft/sernl' ars construction programs for 14 Califomia cities, working 0 IDIS Reporting " Basically CDBG
with a variety of agencies. He has been trained by HUD & Building HOME Partnership and has represented many cities as they were audited by Training HUD auditor's, He will serve as the Project Manager Tr Member since 2014 overseeing the overall Labor Compliance services and serve as a Technical Advisor on all difficult matters that may arlse. Mr. Delany is particularly well qualified to serve in this capacity with over 25 years of experience administering State and Federal grant funded HUD
programs.

EDUCATION
Masters Certificate in Applied Project Management, Villanciva University, Villanova, PA
B.S,., Regional Development and Urban Planning, University of Arizoina

PROJECT EXPERIENCE
While working for Michael Baker International, Mr. Delany's experience in the field of community development has included the following:

City of Montebeflo - Project Manager for Labor Compliance on new State Bond funded Hilton Dome Suites Hotel project Responsible for overseeing the submittal, and review of the certified payroll records,,Worked as the,liaison,between the City and the,Contractor providing Labor Compliance reports, requesting restitutions and overseeing audits.

Responsible for administering the Citys annual CDBG grant received from HUD and assisting with the implementation of CDBG-funded activities, City of Redondo Beach - Serving as the Project Manager for Labor, Compliance monitoring for multiple Federal-funded projects. Responsible for assisting City staff with 3,7501(dray Airport yea aySalta 27O asses kadi,CA 9o8o6 MBAKERINTL.COM P:(s62)2oo-7i73F.(562120C�7)66 Exhibit 2 146

bid document review and creation, training Cyr Staff and Contractors rs about Davis-Bacon requirements and re o�ry mending payment withholding for nary-compliance.

City of Fresno - Responsible for managing the City'City's Homeless Community Initiatives. `l"hls includes overseeing the labor compliance aspect of the DOG-funded homeless construction projects,
Orange County IP bllt r - Responsible for managing the labor compliance aspect of a bridge replacement project and a levee reinforcement project Provided labor compliance reports and clarifications to contractors' questions regarding the requirements, performed training to Orange Chanty Public Works staff and coordinated with prime contractor on hover to resolve the non-cclmpllance issues from subcontractors.

Cky of South Sari Francisco - Responsible for managing the labor compliance aspect of the CM-funded construction projects. Overseeing the Wd preparation and' delegation of certified payroll record review.

City Norwalk - Responsible for managing the labor compliance aspect of C gG and Caltrans funded construction projem Overseeing the bid preparation and delegation o employee interviews, Section 3 monitoring, DBE monitoring and contractor eligibility.

Exhibit 2 147

SANDRA LEE, LABOR STANDARDS COMPLIANCE OFFICER
Ms. Lee has successfully enforced Labor Standards compliance Training/Seminars:
requirements for various Public Works Projects throughout Southern Cmtract Cornpliance Caldomia, monitored Local Jobs Programs for City of Los Angeles Administration by projects and monitored Local and Targeted Worker Hiring Programs Association of Construction for County of Los Angeles projects. She has Section 3 monitoring COr"Pliance experience, With federally-funded, Public Works Projects. Ms. Lee has Prevailing Wages by the, achieved timely compliance close-outs for all the projects that she Department of Labor,Wage monitored. and Hour Division
'Years with Other Firms-9.5
Education
Business Administration, Contract Compliance I Morgan State Team Member since 2019 University, Baltimore, MD (2015)
Relevant Michael Baker Experience
Mount McDill Communications Ceriter Replacement Project County of Los Angeles, (No wmber 2018-November 2019) Compliance officer-monitored and enforced Local and Targeted Worker Hiring Program (LTWHP) for the project, Facilitated Pre-Construction meetings with Prime and subcontractors all of tilers. Responsible for all LTWHP monthly and piroject-end reporting, craftworker interviews,apprentice hiring process and ratio,and prevailing wages.

SSRP H31 Hollywood Hills Beachwood Drive&Scenic Avenue Project City,of Los Angeles (October 2018-November 20119)Jobs Coordinator-Enforced City of Los Angeles' Project Labor Agreement (PLA) requirements and monitoring of contractors' PLA requirements and status of mandatory goals. Developed and provided contractors effective hiring strategies,to me exceed project goals. Resp6nsilble of monthly ands project-end reporting of contractor- specific and project-wide PLA requirements and goals.

Berths, 196 - 199 Wharf Rehabilitation Project. Port, of Los AngeJes (Septtrnber 20,17 - February,201 9)Jobs,Coordinator,-Developed and enforced hiring process for contractors to follow on project so that they in full compliance with Apprentice Hiring requirements and exceeded mandatory PLA goals. Provided monthly and project-end reporting of project status,of PLA goals.

Laundry Water Reclamation! Systems Project, Calliforrile Prison Industry Authority (June 2017 - March 2�018) Compliance Officer - ,assisted the Prison Authority with Labor Compliance enforcement and monitoring of four construction locations of project.

Developed and implemented Compliance Monitoring program, for the Authority to exercise on projects. Oversight of Labor Compliance recloirementsand apprentice hiring process of four construction locations of project,
MBAKERINTLXOM 376oK4trayAlrportWa y,Sjj ite 27o Wig Beacb,CA 90806 P:064200-7173 F:t%2)200-7166
Exhibit 2 148

Paradise Creek Affordable Housing Project Phase, I and 2, My of National City (November 2014 -October 2018) Compliance Officer- Oversight of Labor Compliance, New Hire and Minority Business Enterprise Participation prograrns.Successfully closed out contactors of all tiers from their compliance requirements and project goals with City of National' City.

EXP02 Light Rail Transit DesIgn/Rulld Project, Exposition Metro Lint Construction Authority Vully 2011 - July 2014) Labor Compliance Officer - Auditor of certified payroll reports of contractors of all tiers, monitored contractors' status of Labor Compliance requirements with State of California, City,of Santa Mo�nica and Expo, Authority., MOAKERINTL.COM 3760 Orcy Mportfty.Sulte2?o LongqeKh CA9WD6 RWW>7173F,L952)=-7166
Exhibit 2 149

APPENDIX
FY2020/2021 MONTHLY MILESTONES
Exhibit 2 150

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Resolution No. 02 2
Sgoiftfi. The City Clefk shill and the l s and adoption of this Resolution and enter it Into original resolutions, and It shall become effective immediately n its approval.

PASSED,APPROVED AND ADOPTEDthis 26t'day of Octoberl 2020..

THE CITY F DEU GARDENS
M
Atelandra Cortez, r..._. .�
Pli ®o D AS TO FOR : TAT-
.....�.! � ��.�
l lii ' ww .

Oily Attorney + l rl
1, JA E HALSTEAD, City Cletk of the City of Sell Gardens, hereby CERTIFY that City Council Resolution No. 20-92, was adopted by ft Bell Gardens CifCouncil ;at a regular meeting of the City Coal held oMondays, October 26. 2020, and was approved and passed by the following vote:

AYES: Council Member Barcene, ftu ; Mayor Prow Tom Flores, Mayor Cortez NOES: None
ASSENT:ABSTAIN: None
None
o
2 of
2 Exhibit 2 156

EXHIBIT lost#
MARCH 2021 SUPPLEMENTAL SCOPE OF' SERVICES
Exhibit 2 157

u e Make o Difference
March io, 2021
Gustavo Pomo,Community Development Director

CITY OF BELL GARDENS
° oo Garfield Avenue
Bell Gardens,California goo-i
NEE: AMENDMENT NO. i TO CURRENT AGREEMENT BETWEEN THE CITY AN'wdN

MICHAEL BAKER INTERNATIONAL
LETTER PROPOSAL TO INCREASE BUDGET FOR PROGRAM►M IMP'LI ENTAwTION AND, ADMINISTRATION OF THE CITE" OF BELL GARDENS COMMUNITY

DEVELOPMENT BLOCK GRANT PROGRAM
Dear Mr. porno:

Michael Baker International Michael Baker) is pleased to submit Amendment No, 3, to our professional services agreement with the City of Bell Gardens (dated November 5, .o o) to increase the budget to implement and, administer the City+'s Community Development Bloch Grant Program by adding to the scope of work assistance with the CARES Act CN BG-CV)Small Non-Essential Business Assistance Grant,CDBG-C `Residential Tenant.Mental Assistance Grant, CD,BG-CV Emergency Utility Assistance Program Grant, Los Angeles County Rent Relief Assistance Program(RAP),and Permanent Local Housi�ng Allocation(PLHA)Grant.

The original Michael Baler proposal was in response to the City«'s Request for Proposals dated April 28, 2020, which was for administration of the City's CN BG Program Implementation and Administration Services for a not-to-exceed cost of $58,4,00, for Fiscal Year o o/ o .. The proposal stated that an amendment would he required if CDEG-CVProgram Implementation and Administration Services or other services were to Nye added to the scope of work. The additional scope of work is primarily due to the need for assistance with the Countyr 11 Rental Assistance Program RAP),which the City has offered the County assistance with,and upcoming PLHA Grant allocations,but also involves some assistance with the City's three CDBG-CV grants.

Micheal Neal and Shannon Andrews will continue to be the contact persons for this project,with other M,,ichael Baker staff assisting as needed.
3760 Kikaay?Airport Way,Suite 270
MBAKEm mmom1 m.COmom Long Beach,CA 90806
R l56 l,moqu73 F%(ss2) 00.71
Exhibit 2 158

Gustavo Rorno,Community Developrnenit Director
Amend�ment 2 to,Current Agreement
March,io,2o2:.

Page 2 ends

BUDGET
Michael Baker is proposing a not-to-exceed cost of s63,620 to administer the following tasks, increasing our original budget Of$58,400 to$22:2,020.-
71 Small'Nion-Essentia,l business Assistance,Grant $2t715 assistance B�i assistance
G
s 9 dential Tenant Rental Assistance Grant Tenant R 171135 Resi�eniilal en Rental stanc rani
COVID-ig Eme rge nicy Utility Assistance Grant $2,070 Los Ange,les County Rent Re 111ef Assistance Program(RAP,) $27,450 ...................

Permanent Local Housing Allocation (PLHA) 1 $28,250 NEW TASKS C01ST: s631620
ORIGINAL BUDGET: $581400
TOTAL RIOT-TO-EXCEED COST: $1 22,020
Please acknowledge your acceptance and approval of this Amendment 2 by signing in the space provided below, if you have any questions,please contact Shannon Andrews at(562) 202-08.93 or by email'at r njLr=.

Sincerely, Amendment i Approved By;
Williarn Hoose Gustavo Romo
Michael Baker International City of Bell Gardens Associate Vice President Community Development Director Signed. March 1 2 021 g io Signed:

Exhibit 2 159

EXHIBIT "B"
CTOB 20� 1 SUPPLEMENTAL SCOFF OF' SERVICES

ERVICES
Exhibit 2 160

0!= We Moke a Difference

INTER N ATION AL
October 20, 2021
Gustavo Romo, Community Development Director

CITY OF BELL GARDENS
7100,Garfield Avenue
Bell Gardens, Californial 90201
RE: AMENDMENT NO.3 TO CURRENTAGREEMENT FOR ADMINISTRATION OFCD,BG

AND C'DBG-CV BUSINESS ASSISTANCE GRANT PROGRAMS
Dear Mr, horn:

Michael Baker International, (Michael Baker) is pleased to submit Amendment No, 3 to our Professional Services Agreement with the City of Bell Gardens (dated November 5, 2020)and subsequent Amendments No. I (dated April 29, 2021) and No. 2 (July 22, 2021) to increase the budget to assist the City with administration of their CD,BG and CD13G-CV Business Assistance Grant programs.

The original Michael Baker proposal was in response to the City's Request for proposals(RFP) dated April 28, 2020, which was for CDBG Program Implementation and Administration Services for a not-to-exceed cost of $58,400, for Fiscal Year 202.0/2021. The proposal also stated that an amendment would be required if other services were to be added to the scope of work.

Micheal Neal and Shannon Andrews will continue to be the contact persons for this project, with other Michael Baker staff assisting as needed.

BUDGET
Michael Baker is proposing an additional not-to-exceed cost of $13,080 to administer the following tasks, increasing our current overall budget of$126,520 to $139,600, All costs are 100% reirribursable by the Los Angeles County Development Authority(LACDA),, 3760KHrDyAoort Way,6 OP�270
MBAKERINTL.COM Long Beach,CA go8o6
P:(5621,1200-7173F:(562)2DO-7166
Exhibit 2 161

Gustavo Romo.Community Development Director
Amendment No.3 to Current Agreement
October 20,20211

Page 2 ends

---------------
New Tasks Cost---
CDBG Business Assistance Grant Program $6,540
CDBG Business Assistance Grant Program $6,540
...........................

Current Budget: $126,520
New Budget: $139,60O
------------- ----
Please also find our key Personnel's updated, hourly rates, valid throuugh June 30, 20122:
................................... .......---l" - I' William Hoose, bra Director $260
Sh,ann�oin Anclrews,jl�qj ct_Ma,n Manager ............._$140 ..........—,----------------- ............

Micheal Neap, CDBG Grants S, ecialist $135
Damien (Delaney,,.Labo Com Hance Manager $170
Sandra Lee, Labor Stanclard'sCompliance Officer $120 .......................- ------- .... ..............

Please acknowledge your acceptance and approval of this Amendment No. 3 by signing in the space provided below. if you have any questions, please contact Shannon Andrews at (562) 202-089,3 or by email at shannqn,andre,W ��,rm,�,-j? l rjnd,qom.

Sincerely, Amendment No. 3 Approved By:
?
William Hoose Gustavo Romo,
Michael Baker International City of Bell Gardens Associate Vice President Comrnunity Development Director Signed: Signed:

Exhibit 2 162

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Resolution No. 2 21-
gECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions:,and it shall becorne effective immediately upon its ap roval.

PASSED, APPROVED and ADOPTED this 801 day of November', 2021.

THE CITY OF' BELL GARDENS
APPROVED AS TO FORM: ATTEST:
ki c--k-0--fi-viie—z...... ....................................... Vanessa Quiroz City Attorney Acting City Clerk
Exhibit 2 2twf 2

EXHIBIT 411311
FISCAL YEAR 2022-2 23 RATES
Exhibit 2 165

Cz==
ATI lON A, L
Jane 24, 2022
Gustave Roma , Community Development Director

CITY OF BELL GARDENS
7100 arfiel'd Avenue
Bell Gardens,California 902011
RE: FISCAL YEAR 0 2-20 3 CONSULTANT NSULT ANT"HOURLY RATES Dear l r, Rormo:

Michael Baker International Michael Baler) is ,submitting this requiest to update our key personnel hourly rates to our Professional Services Agreement (PSA) with, the City of Bell Gardens (dated November 5, 2 20) to continue providing CDBG administration and implementation services. The original hourly rates outlined in our PSA have not been increased since execution.

The PSA alllouwed for the following Trey personnel hourly rates for FY21 20-2021. . ............._ Title jfou_qRae.... _...a .

Project CANrector _ .... .W .W. 1 5
__-W.... .
l r q,I ana er "1._ . ... 5
CDl G Grants „pecialist .m .. 120
Labor Com iance Manac er...._.
__.. Labor Standards mpli� !Se Officer -.� ....... ..._ . .._mm�_. _..w .v.silo..

These e are our updated key personnel hourly rates for '2022-2 2 :

Title Hourly..Rate
Pr ect Director $260
lrrarn..lanalRer� .... "q'50
_. ........._.__..m
Project llanag _ ._ 1
or Complmoance i4t�ana e� a __........._.� 6 Lab.._.� _...1 . —d
Labor Standards Com lance officer 120
We look forward to continuing) assisting the City with the administration and implementation of its :I BG project. Please contact ;Shannon Andrews at ( 2) 202-0893 or by email at ,I m u ,u lug FfY ,uu VF!'..°a lalV,d, a lln should you have any questions regarding this submittal.

Sincerely,
l ihiam House As cu to Vice President Shann�o� Andrews , Project Mainager
IDr~*t. KILt t1 ,
Exhibit 2 166

EXHIBIT "B"
2023 SUPPLEMENTAL PROPOSAL
5 Exhibit 2 167

We Mok=QDifference
I N T E R N A T 1 0 N A L
January 27, 2023
Gustavo R0m4Community Development Director

CITY OF BELL GARDENS
7100 Garfield Avenue
Bell Gardens,California 90201
RE: AMENDMENT NO. 5 TO CURRENT AGREEMENT FOR CONTINUED CD8G ADMINISTRATION

AND LABOR COMPLIANCE SERVICES FOR THE FORD PARK AQUATICS CENTER PROJECT Dear Mr.Rnnno�
Michael Baker International (Michael Baker) is pleased to submit Amendment No.5 to our Professional Services Agreement with the City of Bell Gardens idated November 5, 2020) to increase the budget to continue assisting the City with administration of their CDBG Ford Park Aquatics Center.

The original Michael Baker proposal was in response to the City's Request for Proposals JRFP)dated April 28,2020,which was for CDBG Program I rnplementation and Administration Services for a not-to-exceed cost of $58,40O for Fiscal Year 2020/2021. The proposal also stated that an amendment vv0Uld be required if other services were Lobe added to the scope ofwork.

Shannon Andrews and Micheal Neal will continue t8be the contact persons for this project,vvithUther Michael Baker staff assisting asneeded.

BUDGET
K8i[h8e| Baker is proposing an additional not-to-exceed cost of $l4O,OOO for the administration and labor compliance services for the Ford Park Aquatics [enter project task, inc/easing our current task budget from $84,242 ,tn $224,242. All of Michael Baker's administration costs and labor compliance services are 100%reimbursable by the Los Angeles County Development Authority(LACDA):

Task 7-Ford Park Aquatics Center Cost
Current Task Budget: $84,242
New Task Budget: $224,242
New Overall gudge+t $279,600
]7§oKUmyAir poi tWay uite��O
N413AKER|NTL [0M Lon8Beach. Ago8oO
1 1��1,5�zo��7JF�(5Gz)zo��GG
Exhibit 168

Gustavo Romo,Community Development Director
Amendment No.5 to Current Agreement

Page 2 ends

We sincerely appreciate the opportunity to submit this proposal and look forward to continuing assisting the City with the administration and implementation of its CDBG project. Please contact Shannon Andrews at(562)202-0893 or by email at s,lIanno I.ar)dlrews@ o'Ibake[j t&.cor1)should you have any questions tegarding thus submittal.

Sincerely,
William Hoos+e � Shannon Andrews
Vice President Project Manager
Exhibit 2 169

EXHIBIT "B"
FEBRUARY 2024 SUPPLEMENTAL PROPOSAL
6 Exhibit 2 170

Michael Baker We Moke o Difference
I N T E R N A T 1 0 N A L
February 15,2024
Gustavo Romo,Community Development Director
CITY C>[ BELL GARDENS
7lU0 Garfield Avenue
Bell Gardens,California 90201
NE: AMENDMENT NO.8TO CURRENT AGREEMENT FOR ADMINISTRATION O[ CQ8G-CV AND PLHAPROJECTS
Dear Mr.Ronno:

Michael Baker International (Michael Baker) is pleased to submit Amendment No.6 to our Professional Services Agreement with the City of Bell Gardens(dated November 5,2020)to increase the budget to assist the City with administration of their[DBG-[Vand PLHAprojects.

The original Michael Baker proposal was in response to the City's Request for Proposals(RFP)dated April 28,2020,which was for CDBG Program Implementation and Administration Services for a not-to-exceed cost of $58,4U0 for Fiscal Year 2020/2021. The proposal also stated that an amendment would be required if other services were tobe added to the scope ofwork.

Shannon Andrews and Micheal Neal will continue to be the contact persons for this project,vvithother Michael Baker staff assisting asneeded.

BUDGET
Michael Baker is proposing a not-to-exceed cost of$35,834 to administer the following tasks,increasing our current budget of $279,6U0Lo $]15,4]4. A|| of Michael Baker's administration costs are 100% reimbursable by the Los Angeles County Development Authority(LA[OA):

NEWTASKS COST
CDBG-CV New Task Budget: $2,354
PLHA New Task Budget: $33,480
New Overall Budget: $315,434
Please also find our key personnel hourly rates,valid from July 1,2024 through June 30,2U25:

TITLE HOURLY RATE
Project Director: $260
Program Manager: $165
Project Manager: $150
Labor Compliance Manager: $190
Labor Standards Compliance Officer: $140
37GoKiimyAir poi tYYay,Suitez7o
IIABARER|NTL ( OIIA Lnn8Beoch,[A(jn8nG
P�(5bz)znn-/17]1 z00-7/§5
Exhibit 171

Gustavo Rmno,Community Development Director
Amendment No.6to Current Agreement

Page 2 ends

We sincerely appreciate the opportunity to submit this proposal and look forward to continuing assisting the City with the administration and implementation of its projects. Please contact Shannon Andrews at (562) 202-0893 or by email at should you have any questions regarding this submittal.

Sincerely,
William Hoose ~ Shan nonAndrevvs
Vice President Project Manager
Exhibit 172

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 6.

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: FINAL TRACT MAP NO. 78222 FOR THE SUBDIVISION OF THREE PARCELS INTO ONE COMMON-OWNERSHIP PARCELAND 48 RESIDENTIAL CONDOMINIUM PARCELS AT 8000 BELL GARDENS AVENUE (FILE NO. 2018-080) DATE: March 11, 2024
RECOMMENDATION:

BACKGROUND/DISCUSSION:

On November 12, 2018, the City of Bell Gardens City Council adopted Resolution No. 2018-57 approving Tentative Tract Map No. 78222 to authorize a land subdivision for condominium purposes to create one common-ownership parcel and 48 residential condominium parcels on 2.47 acres on the property located at 8000 Bell Gardens Avenue.

Pursuant to the Subdivision Map Act (Gov. Code § 66452.6), a conditionally approved tentative map expires 24 months after its conditional approval, or after any additional time as may be prescribed if certain criteria are met.

On September 28, 2020, Governor Newson signed Assembly Bill 1561, which applied retroactively to March 4, 2020, and coincided with the declaration just prior to the COVI D-19 pandemic. AB 1561 extended the life of local approvals, permits and other entitlements for housing projects in the pipeline by 18 months when the pandemic was declared to relieve pressures on housing development due to the "pandemic-induced recession" and ongoing "housing affordability crisis." Government Code Section 65914.5(b) extended the period for the expiration, effectuation, or utilization of a housing entitlement by 18 months that was (1) issued prior to and was in effect on March 4, 2020; and (2) would have expired prior to December 31, 2021. The tentative map qualified for the statewide 18-month entitlement extension. The new expiration date for the Map was identified as May 12, 2022.

The tentative map received an "approved as submitted" determination from the City Engineer on April 17, 2022, before the expiration date, thereby safeguarding the tentative map's validity. As per Government Code Section 66452.6(d), once a timely filing is accomplished, subsequent actions by the local agency, including processing, approval, and recording, are legally permissible after the tentative map's expiration date. Submission to the County Surveyor or City Engineer is considered a timely filing.

Final Tract Map No. 78222 has been checked by the City Engineer and planning staff for mathematical accuracy, survey analysis, title information, and for compliance with the State Subdivision Map Act, the City Land Division Ordinance, and the California Environmental Quality Act (CEQA).

E NVI 0 RN M E NTAL REVIEW:
173

In accordance with California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), staff recommends that the approval of the Final Tract Map No. 78222 is an exempt ministerial action pursuant to Public Resources Code Section 21080(b)(1) (exempting ministerial actions from CEQA) and CEQA Guidelines Section 15268(b)(3) (approval of final subdivision maps shall presumed to be ministerial). The subdivider has complied with all applicable requirements and the amended final map is in substantial conformance with the approved tentative map.

CONCLUSION:

It is recommended that the City Council approve the recording of Final Tract Map No. 78222 involving the subdivision of the subject property for proposed residential condominiums purposes at 8000 Bell Gardens Avenue and authorize the City Clerk and the City Engineer to execute the certificate on the map showing the City's approval of said map.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024- 13
Exhibit 2 - Final Tract Map No. 78222
Exhibit 3 — November 12, 2018, City Council Staff Report for TTM No. 78222 Exhibit 4 — City Council Resolution No. 2018-57
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 174

RESOLUTION NO. 2024-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALFORNIA, APPROVING FINAL TRACT MAP NO. 78222 WHEREAS, applicant, Saul Flores (Applicant) is requesting approval of Final Tract Map No. 78222 to record the Final Map for the subdivision of three parcels into one common-ownership parcel and 48 residential condominium parcels on 2.47 acres (Project) located at 8000 Bell Gardens Avenue, Bell Gardens, CA (Subject Site); WHEREAS, pursuant to Section 9.76.010(A) of the Bell Gardens Municipal Code (BGMC), a tentative and final tract map shall be required for all divisions of land when determined by the Community Development Department that such land may be divided into five (5) or more condominiums;
WHEREAS, on November 12, 2018, the City Council held a properly noticed public hearing to review and consider all facts and evidence, both written and testimonial, pertaining to this Project;
WHEREAS, at the conclusion of the public hearing, the City Council approved Conditional Use Permit No. 2018-080, Variance No. 2018-080, and Tentative Parcel Map No. 78222 to authorize the division of land of the Subject Site; WHEREAS, the purpose of Tentative Tract Map No. 78222 is to, among other things, promote orderly growth and development within the City of the Bell Gardens (City) in order to preserve the public health, safety, and general welfare of its residents; WHEREAS, under the Subdivision Map Act, a tentative and final map are required for all subdivisions creating five (5) or more parcels, five (5) or more condominiums, a community apartment project containing five (5) or more parcels, or the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units; WHEREAS, the Applicant's engineer has prepared Final Tract Map No. 78222 which has been subsequently checked by the City Engineer and planning staff for mathematical accuracy, survey analysis, title information, and for compliance with state law; WHEREAS, Final Tract Map No. 78222 contains all of the information required by Section 9.80.030 of the BGMC;
WHEREAS, staff and the City Engineer has determined that Final Tract Map No. 78222 is accurate, complete, and meets all of the requirements of the State Subdivision Map Act, the City Land Division Ordinance, and the California Environmental Quality Act (CEQA); and
WHEREAS, on March 11, 2024, the City Council approved Final Tract Map No. 78222 to record the Final Map for the subdivision of three parcels into one common- Exhibit 1 175

Resolution No. 2024-13
ownership parcel and 48 residential condominium parcels on 2.47 acres located at 8000 Bell Gardens Avenue, Bell Gardens, CA.

NOW, THEREFORE, BE IT RESOVLED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporate them herein by this reference.

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council finds Final Tract Map No. 78222 to be accurate, complete and in accordance with the State Subdivision Map Act, the City Land Division Ordinance, and CEQA.

SECTION 3. Pursuant to Section 9.80.070 of the BGMC, the City Council hereby approves Final Tract Map No. 78222 to record the Final Map for the subdivision of three parcels into one common-ownership parcel and 48 residential condominium parcels on

2.47 acres located at 8000 Bell Gardens Avenue, Bell Gardens, CA, based upon its determination that the Applicant has made a good faith effort to establish the subdivision and authorizes the City Clerk to issue a certificate for execution stating the date and number of the resolution adopted by the City Council approving the final map.

SECTION 4. All the original conditions of approval accepted and agreed to by the Applicant with respect to City Council Resolution No. 2018-57 (Tentative Tract Map 78222), shall remain in full force and effect.

SECTION 5. The City Council hereby finds and determines that the approval of Final Tract Map No. 78222 is consistent with all requirements established in City Council Resolution No. 2018-57 and all applicable general and specific plans. The City Council hereby approves Final Tract Map No. 78222.

SECTION 6. In accordance with California Environmental Quality Act (CEQA) (Pub.

Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), staff recommends that the approval of the Final Tract Map No. 78222 is an exempt ministerial action pursuant to Public Resources Code Section 21080(b)(1) (exempting ministerial actions from CEQA) and CEQA Guidelines Section 15268(b)(3) (approval of final subdivision maps shall presumed to be ministerial). The subdivider has complied with all applicable requirements and the amended final map is in substantial conformance with the approved tentative map.

SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
2of4
Exhibit 1 176

Resolution No. 2024-13
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
3of4
Exhibit 1 177

Resolution No. 2024-13
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:
4of4
Exhibit 1 178

2.044 ACRES
CELS:1 TRACT MAP NO. 78222 SHEET 1OF3

IN THE CITY OF BELL GARDENS,COUNTY OF LOS ANGELES,STATE OF CALIFORNIA BEING A PORTION OF LOT 11 OF THE LHEYMAN TRACT AS FILED IN BOOK 7, PAGE 249 OF DEEDS, TOGETHER WITH A PORTION OF LOT 21 OF TRACT NO 11015 AS PER MAP FILED IN BOOK 213, PAGES 46 AND 47 OF MAPS, ALL IN

THE OFFICE OF THE REGISTRAR-RECORDER/COUNTY CLERK OF LOS ANGELES COUNTY, BLACK GOLD ENGINEERING INC. MARCH 2O21
OWNERS STATEMENT FOR CONDOMINIUM PURPOSES
WE HEREBY STATE WE ARE ALL AND THE ONLY PARTIES HAVING ANY RECORD TITLE SURVEYOR'S STATEMENT

INTEREST IN THE LAND SUBDIVIDED AS SHOWN ON THIS MAP AS REQUIRED BY SECTION 66445(e)OF THE SUBDIVISION MAP ACT,AND WE CONSENT TO THE PREPARATION AND RECORDATION OF THIS TRACT MAP. THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD

SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES AT THE REQUEST OF HARIYA INC.INC,A CALIFORNIA CORPORATION,IN MARCH OF IMOBILIARE IVIM,LLC,A CALIFORNIA LIMITED LIABILITY COMPANY 2021.ALL MONUMENTS SHOWN HEREON ARE OF THE CHARACTERAND OCCUPY THE POSITIONS INDICATED.I HEREBY STATE THAT THIS TRACT MAP SUBSTANTIALLY CONFORMS TO THE APPROVED, BY SAUL FLORES MANAGER OR CONDITIONALLY APPROVED TENTATIVE MAP,IF ANY. ,
ABANDONMENT NOTE. DATED: 2/27/202a
PURSUANT TO SECTIONS 66343 AND 66499.20.2 OF THE SUBDIVISION MAP ACT,THE SCOTT STURM PLS 8549 5 NP 7L5 j'�SLP,

APPROVAL AND RECORDATION OF THIS TRACT MAP CONSTITUTES ABANDONMENT OF AN `P�
EASEMENT FOR BELL GARDENS AVENUE AS SHOWN ON TRACT 0213-046 IN BOOK 213,PAGES 46-47 INCLUSIVE,WITHIN THE BOUNDARY OF THIS TRACT MAP. * PLS No.8Yl9 2 9TFOF C A�/F��

CITY ENGINEER'S STATEMENT
NOTARY ACKNOWLEDGEMENT I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP,AND THAT IT CONFORMS SUBSTANTIALLY TO TENTATIVE MAP,AND ANY APPROVED ALTERATIONS THEREOF;THAT ALL OF PROVISIONS OF A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SECTION 2 OF THE SUBDIVISION MAP ACTAND THE CITY OF BELL GARDENS'SUBDIVISION ORDINANCE SI GNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS ACCURACY,ORVALIDITY APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIEDWITH.

OF THAT DOCUMENT.

STATE OF CALIFORNIA ) DATED:

COUNTY OF 1) DOUGLAS BENASH,CITY ENGINEER ON 202— BEFORE ME, A NOTARY PUBLIC, CITY OF BELL GARDENS PERSONALLY APPEARED By: Deputy
P.E.No.53935

WHO PROVED TO ME WI THE BASS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)WHOSE NAME(S)IS/ARE

SUBSCRIBED EI THE WITHIN INSTRUMENT AND ACKNOWLEDGED E/T THATHNSURE(S) EXECUTED THE SAME

NHIS/HER/THEIR RAUTHORIZED E ENTITY UPONBE(IES)AND THAT BYHI S/HER/THEI RSIGNATXECUT ON THEDTHEI INSTRUMENT THE PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT.

ICERTFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING CITY CLERK'S CERTIFICATE PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.

STATE OF CALIFORNIA }

COUNTY OF LOS ANGELES)

SIGNATURE
NOTARY PUBLIC I HEREBY CERTIFY THAT THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL,OF

THE CITY OF BELL GARDENS AT A REGULAR MEETING THEREOF HELD ON THE DAY OF (NAME PRINTED) 202 ,AND THAT THEREUPON SAID COUNCIL DID BY AN ORDER DULY PASSED AND ENTERED,APPROVE MY COMMISSION EXPIRES MY COMMISSION NUMBER SAID MAP.

MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY.

DATED:

NOTARY ACKNOWLEDGEMENT

DAISY GOMEZ,CITY CLERK-CITY OF BELL GARDENS

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO TIFTHATHE DOCNENT TO WHICH THIS CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS ACCURACY,ORVALIDITv CITY SURVEYOR'S STATEMENT

STATE OF CALIFORNIA )
COUNTY OF j I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP,OF TRACT NO.78222,CONSISTING OF 3 SHEETS

AND I'M SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT AND THAT ALL PROVISIONS OF STATE ON 202— BEFORE ME, A NOTARY PUBLIC, LAW AND THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH.

PERSONALLY APPEARED
DATE:

WHO PROVED TO ME ON THE BASS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)WHOSE NAME(S)IS/ARE

SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TOME THAT LKESTETTLEY EXECUTED THE SAME

N HIS/HER/THEIR AUTHORIZED CAPACITY(IES)AND THAT BY HIS/HER/THEIR SIGNATURE(S)ON THE INSTRUMENT THE PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT. DENNIS W.JANDA I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING ACTING CITY SURVEYOR-CITY OF BELL GARDENS PARAGRAPH IS TRUE AND CORRECT. P.L.S.6359
WITNESS MY HAND.

SPECIAL ASSESSMENTS CERTIFICATE.

SIGNATURE. I HEREBY STATE THAT ALL SPECIAL ASSESSMENT LEVIED UNDER THE JURISDICTION OF NOTARY PUBLIC THE CITY OF BELL GARDENS,TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIVISION OR (NAME PRINTED) ANY PART THEREOF IS SUBJECT,AND WHICH MAY BE PAID IN FULL,HAVE BEEN PAID IN FULL.

MY COMMISSION EXPIRES MY COMMISSION NUMBER CITY TREASURER-CITY OF BELL GARDENS DATE MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY.

SIGNATURE OMISSIONS

THE SIGNATURE OF THE FOLLOWING PARTIES BEING THE OWNERS OF EASEMENTS FOR THE

NATURE AS DENOTED BELOW AND DISCLOSED BY THESE DOCUMENTS,RECORDS OF LOS ANGELES COUNTY,HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436 OF THE SUBDIVISION MAP ACT.THEIR INTEREST CANNOT RIPEN INTO A FEE. LOS ANGELES CERTIFICATIONS AND SEALS,

I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND DEPOSITS HAVE BEEN MADE THAT AN EASEMENT FOR POLE LINES,CONDUITS,SEWERS AND INCIDENTAL PURPOSES,IN FAVOR ARE REQUIRED UNDER THE PROVISIONS OF SECTIONS 66492 AND 66493 OF THE SUBDIVISION MAP OF EARL GLEN WHITEHEAD,RECORDED MAY 10,1947,AS INSTRUMENT NO.3274 IN BOOK ACT.EXECUTIVE OFFICER,BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES,STATE OF 24530 OF DEEDS,PAGE 273 O.R. CALIFORNIA.

THE UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL,GAS,MINERALS AND DATE:

HYDROCARBON SUBSTANCES IN,ON OR UNDER SAID LAND,AS RESERVED BY EARL GLEN WHITEHEAD,IN DEED RECORDED IN BOOK 24530 PAGE 273,OFFICIAL RECORDS,UPON BY:

TERMS AND CONDITIONS THEREIN CONTAINED. DEPUTY

THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO

OR FROM A PUBLIC STREET OR HIGHWAY ABUTTING SUCH LAND,SUCH RIGHTS HAVING BEEN SEVERED FROM SAID LAND BY DOCUMENT RECORDED FEBRUARY 10,1955IN BOOK 46880,PAGE 284,O.R.

I HEREBY CERTIFY THAT THE SECURITY IN THE AMOUNT OF$ HAS BEEN FILED WITH

THE EXECUTIVE OFFICER,BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AS SECURITY

FOR THE PAYMENT OF THE TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND SHOWN ON MAP OF TRACT MAP NO.78222 AS REQUIRED BY LAW.

DATE:

BY:

BASIS OF BEARINGS
DEPUTY

THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTER LINE OF QUINN STREET AS SHOWN ON TRACT NO.11015,FILED IN MAP BOOK 213,PAGES 46-47,BEING NORTH 82°35'30"WEST.

Exhibit 2 179

TRACT MAP NO. 78222 SHEET 2OF3

IN THE CITY OF BELL GARDENS,COUNTY OF LOS ANGELES,STATE OF CALIFORNIA BLACK GOLD ENGINEERING INC. MARCH 2O21
REFERENCES FOR CONDOMINIUM PURPOSES
Di /NDICA TES RECORD DATA PER DEED RECORDED DECEMBER 22,200H AS DOCUMENT NO 20082235150,OF OFFICIAL RECORDS NOTE C.C.R.S PER INST. N0. , REC. - -20 , O.R D2 INDICATES RECORD DATA PER DEED RECORDED DECEMBER 31, 1948 AS MONUMENT AND ESTABLISHMENT NOTES INSTRUMENT NO 303/N BOOK 29395,PAGE 121 OF OFFICIAL RECORDS P/ /NDICA TES RECORD DATA PER TRACT NO. 11015 AS PER MAP FILED/N BOOK Pia,PAGES 45-7 OF MAPS O INDICATES FOUND WELL MONUMENT, 3 INCH DISC STAMPED "CO SURVEYOR"PER ISE DOWN 12 FEET,
R2 /NDICA TES RECORD DATA PER TRACT NO.28009 AS PER MAP FILED/N BOOK 723,PAGES 8-9 OF MAPS, 02 INDICATES FOUND 4 PM's ON MANHOLE RIM PER AS R3 /NDICA TES RECORD DATA PER TRACT NO.25646 AS PER MAP FILED/N O3 INDICATES FOUND SPIKE AND WASHER ILLEGIBLE,IN LIEU OF SPIKE AND TIN PER BOOK 754,PAGES 22-23 OF MAPS R3,DOWN 0.3 FEET,
R4 /NDICA TES RECORD DATA PER MAP OF BELL GARDENS SCHOOL LOT ® INDICATES FOUND MAG AND WASHER STAMPED ES 5411 IN LIEU OF SPIKE, FILED AS COUNTY SURVEYOR'S MAP NO B-533 WASHER AND TAG PER R2,FLUS14 RS INDICATES RECORD DATA PER DEED RECORDED FEBRUARY 10, 1955 AS o5 INDICATES FOUND SPIKE AND WASHER,ILLEGIBLE,IN LIEU OF SPIKE WASHER AND INSTRUMENT NO 3274 IN BOOK 46880,PAGE 284,OF OFFICIAL TAG PER R2,FLUSH, N

RECORDS
© INDICATES FOUND SPIKE AND WASHER,ILLEGIBLE,/N LIEU OF SPIKE AND TAG PER R6 /NDICA TES RECORD DATA PER DEED RECORDED IN BOOK 10116,PAGE PC FLUS14 127,OF OFFICIAL RECORDS
O7 INDICATES FOUND ROUND HEADED SPIKE AND WASHER/N LIEU OF SPIKE AND TAG R7 INDICATES RECORD DATA PER AS 3711038 PER BE FLUSH 08 INDICATES FOUND LEAD AND TACK NO REFERENCE ACCEPTED AS POINT ON THE �..) INDICATES RECORD DATA PER R/UNLESS OTHERWISE NOTED NORTHERLY PROLONGATION OF THE WEST LINE OF THE EAST TOO FEET OF LOT 21

PER ILL SAID MONUMENT FITS PRORATION PER TO

MOLL INDICATES MEASURE DATA AND RECORD DATA ARE THE SAME 90 SEARCHED,FOUND NOTHING,
CH? INDICATES"CALCULATED FROM RECORD". 10 SEARCHED,FOUND NOTHING ESTABLISHED BY INTERSECTION l /£S R BOOK
PETER PAGE 284 ORAOCUM£NT R£CORD£D FEBRUARY f0.1955, SEARCHED,FOUND NOTHING ESTABLISHED BY HOLDING RECORD DATA, I 12 SEARCHED, FOUND NOTHING ESTABLISHED AT RECORD DISTANCE(297.73)PER R2
cor
I " �'M S rREET 13 SEARCHED,FOUND NOTHING.ESTABLISHED BY PRORATION PER Ri. �' 14 FOUND i"IRON PIPE IS FLLIS}l PER PS 311-088,032'SW HELD FOR LINE FOUND LEAD&TAG LS 9195 FLUSH PER RE 317-088.
h ¢2 2Zn
FOUND SPIKE&WASHER IS 9795 FLUSH PER PS 311-088
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I W W�'NA BASIS OF HEARINGS
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e THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTER LINE OF QUINN STREET AS 9 30' 30, SHOWN ON TRACT NO 11015, FILED IN MAP BOOK 213, PAGES 46-47, BEING NORTH 823530"WEST
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A'W /
2 — — E o y EASEMENT NOTES'
121-99'(M&R2
/ AN EASEMEM FOR POLES,LINES,CONDUITS,SEWERS AND INCIDENTAL PURPOSES CURVE TABLE RECORDED MAY 10, 1947/N BOOK 24530,PAGE 273

CURVE DELTA, US LENGTH TANGENT CANNOT BE PLOTTED) L19 THE FACT THAT THE OWNERSHIP OF SAND LAND DOES NOT INCLUDE RIGHTS GF a Sa°asas° issOo' ioBoo' si�' ACCESS 70 OR FROM A PUBLIC STREET OR HIGHWAY ABUTTINGSUCH LAND,5Y/C

RIGHTS HAVING BEEN SEVERED FROM SAID LAND BY DOCUMENT RECORDED FEBRUARY 70, 1955 IN BOOK 46880,PAGE 284,OR
SAID LAND,HObMEVER.ABUTS OVA PURL/C THOR000HFARE OTHER THAN THEONE m REFERRED70AS0VR OVIRLYNICHTHERIGHTSOFVEH/CULARACCESSHA✓IVOT BOUNDARY SHEET —VAEZhA I3HEJ
Exhibit 2 180

TRACT MAP NO. 78222 SHEET 3OF3

IN THE CITY OF BELL GARDENS,COUNTY OF LOS ANGELES,STATE OF CALIFORNIA BLACK GOLD ENGINEERING INC. MARCH 2O21

FOR CONDOMINIUM PURPOSES
1 oq 2� 30' ; 30'
y MB.21J�46-qj LO/1
RACTNO.690B6 V
O Me 1955 �s4 "'OR 30'�
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N82°35'30"W 119 34

2.44 ACRES
/
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j DEED
/ o 3OOT(10116,PAGE
127,O R.
/
/ SURVEYOR'S NOTES:
/ 1. 0 INDICATES SET 1" I.P., FLUSH,TAGGED P.L.S. 8549, UNLESS ✓ OTHERWISE NOTED.
2, IN THE EVENT THE ABOVE TYPE OF MONUMENTS CANNOT BE SET / DUE TO UNFORESEEN CIRCUMSTANCES, A TAG MARKED P.L.S. /= 8549 WILL BE AFFIXED IN CONCRETE, STONE OR METAL AT THE 40 TRUE POSITION CALLED FOR BY THIS MAP.
/ 3. ALL FOUND MONUMENTS DISTURBED AND/OR DESTROYED AS A /g RESULT OF CONSTRUCTION WILL BE RESET WITH LIKE KIND / TAGGED P.L.S. 8549, UNLESS OTHERWISE NOTED.
/
/
/
/ EASEMENT NOTES:
/ AN EASEMENT FOR POLES, LINES, CONDUITS, SEWERS AND INCIDENTAL 73 PURPOSES RECORDED MAY 10, 1947 IN BOOK 24530, PAGE 273 N42°07'18"E (CANNOT BE PLOTTED)

44.93'

THE CA R GHTS COF ACCESS T THAT E TOWORRFROM SHIP OF

PUBLIC SAID AS RE TND ORNOHIGHWAY
UDE
-2747� _ NORTH LINE OF TRACT 11009 ABUTTING SUCH LAND, SUCH RIGHTS HAVING BEEN SEVERED FROM Ma.7
2z..9 SAID LAND BY DOCUMENT RECORDED FEBRUARY 10, 1955 IN BOOK 45880, PAGE 284, O.R.

SAID LAND, HOWEVER, ABUTS ON A PUBLIC THOROUGHFARE, OTHER S82°36'07•E 62907 VEH CULAR THAN THE �CC ESS HAVE NOT BETE RED TO B�NE RELINQUISHED.WHICH THE RIGHTS OF V
Q CD TRAC 7Z3 g�9
N M.8
Exhibit 2 181

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 1.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Philip Wagner, City Manager
BY: Abel Avalos, Director of Community Development
Carmen H. Morales, City Planner
Hailes H. Soto,Associate Planner
SUBJECT: 8000 BELL GARDENS AVENUE RESIDENTIAL PROJECT; MITIGATED NEGATIVE DECLARATION; ZONE CHANGE NO. 2018-080 -ORDINANCE NO. 856; TENTATIVE TRACT MAP NO. 78222 WITH STREET VACATION; CONDITIONAL USE PERMIT AND VARIANCE NO. 2018-080; 8000 BELL GARDENS AVENUE, BELL GARDENS (FILE NO. 2018-080)
DATE: November 12, 2018
RECOMMENDATION:

It is staff recommendation that the City Council by motion:

1. Adopt Resolution No. 2018-56 (Exhibit A) adopting the Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program pursuant to the California Environmental Quality Act (CEQA);

2. Introduce and waive first reading of Ordinance No. 892 (Exhibit B) approving Zone Change No. 2018-080 to amend the Official Zoning Map to change the zoning designation for the property located at 8000 Bell Gardens Avenue from R-1 (Single Family Residential) to R-3 (Medium Density Residential)/ RPDD (Residential Planned Development District)overlay I;

3. Adopt City Council Resolution No. 2018-57 (Exhibit C) approving Tentative Tract Map No. 78222 to allow the consolidation of two existing lots and a Street Vacation to vacate the segment of Bell Gardens Avenue to Quinn Street for the subdivision of 48 residential condominium units; and

4. Adopt City Council Resolution No. 2018-58 (Exhibit D) approving Conditional Use Permit No. 2018-080 to allow the development of a 48 unit residential condominium project and Variance No. 2018-080 to allow the development of the project with a reduction in the minimum common open space required under Section 9.18.040.D (Residential Planned Development District Standards) of the Bell Gardens Municipal Code.

BACKGROUND/DISCUSSION:

Site Description
The project site totals approximately 2.47 acres and includes three parcels (Exhibit E). Parcel 1 (APN 6227-026-005) totals approximately 2.18 acres and is currently vacant. Parcel 2 (APN 6227-026-001) totals approximately 0.19 acres and is developed with a single-family home.

Parcel 3 totals approximately 0.10 acres and is a public street that provides access to Parcel 1.

Figure 1 - Parcel Map shows the three parcels that comprise the project site. With the three parcels combined, the Subject Site is irregular in shape with a total of seven distinct property Exhibit 3 682

lines. The narrowest section of the Subject Site is along the street frontage on Quinn Street which measures 175 feet wide. Approximately 70 feet south from the street frontage, the Subject Site gets slightly wider at 195 feet wide for an additional 148 feet south. At approximately 240 feet south of Quinn Street, the Subject Site is at its widest at 327 feet. From that widest point, the east and west side property lines connect at the southernmost part of Subject Site at approximately 428 feet. On the northerly portion of the site there is a single family detached residence at 5500 Quinn Street and one 30 foot tall free standing outdoor advertising sign located west of the single family residence adjacent to the westerly project boundary. A second 30-foot tall free-standing outdoor advertising sign is located at the southern end of the site adjacent to the west property line. A 15-foot tall sound wall associated with Interstate Highway 1-710, also known as the Long Beach Freeway, extends in a north/south direction adjacent to the entire westerly project boundary of the site.

Figure 1 - Parcel Map
PARCEL 3 PARCEL 2
(0.10 ACRE) (0.19 ACRES)
--7
/ PARCEL
/ (2.18 ACRES)
V
The land uses surrounding the project site include single-family detached residences to the north and a mobile home park to the east; further east is Bell Gardens Elementary School; to the south is the playground area of the school and further south are single-family detached residences.

Based on the review of historical aerial photographs, Parcel 1 (APN 6227-026-005) that totals approximately 2.18 acres was vacant land prior to the 1960s. Building records from the City of Bell Gardens Building Division indicate the 2.18 acre site was developed as a tow yard (Southside Tow Service) in 1963. A rectangular-shaped building formerly located at the northern portion of the property was used as an automotive repair and body shop. A smaller rectangular- shaped building located southwest of the automotive repair and body shop was used as the office for Southside Tow Service. The buildings of the towing company and automotive repair and body shop businesses that existed on the 2.18 acres have been demolished. There is a single-family detached residence with the address of 5500 Quinn Street on Parcel 2 (APN 6227-026-001) totaling approximately 0.19 acres. The remaining portion of the site is vacant.

Project Description
Exhibit 3 783

The Applicant proposes the development of forty-eight (48) market rate, for-sale townhomes at a density of 19.4 dwelling units per acre (Exhibit F). The 48 townhomes will be distributed between eight buildings. The townhomes are three story structures with a maximum height of 36'-6" from finished grade. The project proposes a total of 121 parking spaces, including two spaces per unit in an enclosed garage and twenty-five (25) open guest parking spaces. Each residential unit will have in excess of 75 square feet of private open space. The project also includes 24,446 square feet of common open space areas in the form of a second story balcony or first floor patio area.

The proposed common open space includes several passive recreation areas along the east project boundary with a park bench, accent trees and landscaping, a community open space area with turf, shade structure and a BBQ grill (Exhibit G). A dog park is proposed at the southern end of the site and includes a bench for seating and a decomposed granite area for use by the dogs.

Access to the project site will be provided from Bell Gardens Avenue via a 26 foot wide private driveway.

Vehicular circulation within the project will be provided by a network of private streets and drive aisles. Per the Bell Gardens Municipal Code (BGMC), the maximum allowable density in the R-3 zone for condominiums on lots of one acre or more is one unit per 1,400 square feet of lot area.

The maximum allowable density for the project site is 31 dwelling units per acre (107,593 sq. ft. 1,400 = 76 units, or 31 dwelling units per acre. The density of the project is 19.4 dwelling units/acre (48 du - 2.47 acres = 19.4) and is within the maximum allowable density of 31 dwelling units per acre (DU/AC) allowed in the R-3 Zone for the project site. The project proposes five (5) different floor plans (Exhibit H). The size of the townhomes will range from 1,338 square feet for a 2-bedroom townhome up to 1,743 square feet for a 3-4 bedroom townhome. Due to the complexity of the building, the floor plans vary. The first floor has a two car garage in which can park side by side or in tandem. Some first floors have very limited living space while others may contain a bathroom and bedroom. The second floor has the kitchen, bathroom, living room and dining room. Most of the units have a private balcony. The third floor contains the bedrooms and restroom(s). All townhomes include a private balcony and/or patio area depending on architectural, structural and privacy constraints.

The project will have a front setback of fifteen (15) feet, a rear setback of ten (10) feet and side- yard setbacks of five (5) feet. The project is designed with drought-tolerant landscaping and useable open space (Exhibit 1). The architectural style is Spanish which is achieved through the use of architectural elements that are indicative of such style (Exhibit J). The project includes light sand finish white stucco, wood corbels, stucco corbels, decorative wrought iron railing, decorative wrought iron, sloped sills, recessed-entry arches, bay windows, decorative lighting, stucco trims, wood rafter tails, `S' the roof, scalloped sills, deep-recessed windows, shaped roof rafters, finials, faux chimney, and recessed faux vents. The project will be a gated community. Guest parking, private streets and common area landscaping and amenities will be managed by a Home Owner's Association. New block walls will be installed on the eastern property lines (Exhibit K). The project is scheduled to be constructed in one phase with construction scheduled to start in June 2019 and completed at the end of 2020.

Based on the aforementioned, the Applicant has submitted the following entitlement applications which are analyzed below:
• Zone Change No. 2018-080 to amend the Official Zoning Map to change the zoning designation for the property located at 8000 Bell Gardens Avenue and 5500 Quinn Street from R-1 (Single Family Residential) to R-3 (Medium Density Residential) / RPDD Exhibit 3 884

(Residential Planned Development District) overlay.
• Tentative Tract Map No. 78222 to allow the consolidation of two existing lots and a Street Vacation to vacate the segment of Bell Gardens Avenue to Quinn Street for the subdivision of 48 residential condominium units.
• Conditional Use Permit No. 2018-080 to allow the development of a 48 unit residential condominium project
• Variance No. 2018-080 to allow the development of the project with a reduction in the minimum common open space required under Section 9 9.18.040.D (Residential Planned Development District Standards) of the BGMC.

On November 7, 2018 at a duly noticed special meeting, the Planning Commission adopted resolutions recommending to the City Council, adoption of the Mitigated Negative Declaration, Zone Change No. 2018-080 and Ordinance No. 892, Tentative Tract Map No. 78222, Conditional Use Permit No. 2018-080, and Variance No. 2018-080.

ANALYSIS:

In reviewing the Applicant's request, staff has conducted a thorough analysis of this matter and associated components which are set forth below:

Mitigated Negative Declaration
The City prepared an I nitial Study for this Project to determine its impact(s) on the environment. A Mitigated Negative Declaration ("MND") was proposed, stating that the Project will not have any significant negative impacts on the environment (Exhibit L). The MND is an informational document, intended to disclose the potential environmental effects of approving and constructing the proposed 8000 Bell Gardens Avenue Residential Project. The MND was circulated for a 30- day public review period pursuant to CEQA Guideline §15105(b) from September 26, 2018 to October 25, 2018. The notice of intent to adopt a Mitigated Negative Declaration was posted at the 8000 Bell Gardens Avenue Residential Project entrances and filed with the Los Angeles County Clerk Recorder.

The City circulated the MND to the County Clerk of the County of Los Angeles, the Planning Department for the County of Los Angeles, the City of Commerce, the City of South Gate, the City of Bell, the City of Huntington Park, the City of Downey, the City of Cudahy, the City of Maywood, and the State Clearinghouse (SCH #2018091045).

The review period closed on Thursday, October 25, 2018, and as of October 30, 2018 the City did not receive any written responses from the aforementioned agencies.

Mitigation Monitoring and Reporting Program
The City prepared a Mitigation Monitoring and Reporting Program ("MMRP") pursuant to the requirements of Public Resources Code §21081.6 which, among other things, states that when a governmental agency adopts or certifies a CEQA document that contains the environmental review of a proposed project, "the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment (Exhibit M). The reporting or monitoring program shall be designed to ensure compliance during project implementation." Exhibit 3 985

The City of Bell Gardens is the lead agency for the project, and is therefore, responsible for administering and implementing the MMRP. The City must define specific reporting and/or monitoring requirements to be enforced during the project implementation prior to final approval of the proposed project.

The MMRP includes the following information: (1) mitigation measures that will either eliminate or mitigate the potential project impacts to levels that are insignificant; (2)the monitoring milestone or phase during which the measure should be complied with or carried out; (3) the enforcement agency responsible for monitoring mitigation measure compliance; and (4) the initials of the person verifying the mitigation measure was completed and the date of verification.

The MMRP will be in place through all phases of the project including project design (pre construction), project approval, project construction, and operation (both prior to and post- occupancy). The City will ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to rectify problems.

The MMRP is provided as Exhibit M and the mitigation measures have been incorporated in the Conditions of Approval for City Council Resolution No. 2018-58.

Zone Change No. 2018-080 — Ordinance No. 892
A Zoning Map is a map of the local geographic area that defines current zoning designations and land use. The Zoning Map is a tool used by the City to implement the Bell Gardens General Plan — Land Use Element map. An amendment to the Zoning Map (changing the zoning designation) is a legislative action that is either citywide or affects particular areas or zoning districts. It may implement a citywide policy initiative or address changing land use conditions. A Zoning Map amendment may be needed to allow a development at a location or in a configuration that is not currently permitted but advances sound policy considerations. It involves introducing or changing the zoning designation on the Zoning Map, or any combination of such actions. It is generally unconditional and affects all property equally within the area subject to the change.

The Applicant is requesting approval of Zone Change No. 2018-080 to change the Official Zoning Map for the Subject Site from R-1 (Low Density Residential) to R-3 (High Density Residential)/RPDD (Residential Planned Development District) (Exhibit N). The project site is currently designated as High Density Residential by the Bell Gardens General Plan and zoned R- 1 (Low Density Residential) by the Bell Gardens Municipal Code (Exhibit O). Pursuant to BGMC Section 9.01.030 (Authority of title and general plan consistency), "any land use entitlement or other approval granted by [Title 9 Zoning and Planning Regulations] must also be consistent with the City's General Plan." Based on the aforementioned, the General Plan and the Municipal Code do not match and therefore are not consistent. Thus, approval of Zone Change No. 2018- 080 is requested in order to match the Subject Site's General Plan Land Use Designation of "High Density Residential" which allows the type of project proposed by the Applicant.

The land uses and designations surrounding the project site include single-family detached residences to the north and a mobile home park to the east (Exhibit P). The General Plan land use designations to the north and east are High Density Residential and are zoned R-3 (High Density Residential). Further east is Bell Gardens Elementary School which has a General Plan Exhibit 3 186

land use designation of Public/Institutional and is zoned R-1 (Low Density Residential). To the south of the subject site is the playground area of the school and further south are single-family detached residences which has a General Plan land use designation of Low Density Residential and is zoned R-1 (Low Density Residential). As such, the proposed Zone Change is similar to and compatible with the existing General Plan land use designation and zoning of land surrounding the Subject Site.

As discussed above, the Applicant is also requesting to add the RPDD overlay district on the Subject Site as part of Zone Change No. 2018-080. Pursuant to Bell Gardens Municipal Code

9.18.020, "overlay districts are intended to create an umbrella of additional standards over and above the existing underlying zones in order to meet the special needs of landmarks, distinct neighborhoods, and busy shopping centers and corridors within the city." The specific intent and purpose of the RPDD overlay district is:
to provide a means of achieving greater flexibility in residential development on relatively large tracts of land by encouraging designs that are more self-sustaining with their own private streets, common space, recreational opportunities, and properly maintenance. Among the objectives of planned development is the encouragement of more efficient use of open space, separation of pedestrian and vehicular traffic, where possible, and increased environmental amenities. Adequate safeguards to ensure that such projects will be an asset to the surrounding neighborhood area are provided through the requirement of a conditional use permit prior to development of a planned residential development in the zone.

Further analysis of the applicability of the RPDD development standards are discussed in the Conditional Use Permit and Variance sections of this agenda report.

Tentative Tract Map No. 78222 with Street Vacation
The applicant seeks approval of Tentative Tract Map No. 78222, pursuant to Chapter 9.78 of the Bell Gardens Municipal Code, in order to establish 48 market rate, for-sale residential condominium units at a density of 19.4 dwelling units per acre. Chapter 9.78 of the Bell Gardens Municipal Code states, its intended purpose is "to regulate and control the division of land within the City of Bell Gardens."
Moreover, the regulations established in Chapter 9.78 are determined to be "necessary for the preservation of the public health, safety and general welfare, and to promote orderly growth and development, open space, conservation, protection and proper land use, and to ensure provisions for adequate traffic circulation, utilities and services." As part of Tentative Tract Map No. 78222, a street vacation is required (Exhibit Q). The segment of Bell Gardens Avenue from the project entrance to Quinn Street will be vacated by the City and is included as part of the project with the Tentative Tract Map. As discussed in the Site Description section of this agenda report, the project site totals approximately 2.47 acres and includes three parcels.

The Parcel 1 area will continue to be used to provide single point of access to the Project Site.

Bell Gardens Avenue currently terminates at the northern boundary and provides the only access to the property. The Project will extend Bell Gardens Avenue south to the project to provide Exhibit 3 187

ingress and egress. A guarded electronic gate at this location will provide project residents and authorized guest site access. This single point of ingress and egress will also provide site access for emergency personnel including police, fire and paramedics. The Project provides adequate queuing at the site entrance for vehicles waiting for authorized site entry to queue before entry.

The design of the entry is adequate to handle the volume of traffic with an estimated maximum peak hour traffic volume of 35 vehicles during the PM peak hour. The project does not propose any roadway or site access designs that will have any significant traffic or circulation hazards.

The City Engineer's Office has reviewed the proposed project and has provided the applicant with the option to finalize the vacation of Bell Gardens Avenue by either recording the vacation with the final map or through a separate instrument in which its number shall be on the final map. This condition has been included in City Council Resolution No. 2018-57. Tentative Tract Map No. 78222 has been prepared in accordance with the aforementioned standards established within the Bell Gardens Municipal Code.

Conditional Use Permit No. 2018-080
A Conditional Use Permit allows a city to consider special uses, through a public hearing process, which may be essential or desirable to a particular community, but which are not allowed, as a matter of right, within a zoning classification. Moreover, a Conditional Use Permit allows flexibility within a particular zone and enables cities to control certain uses which could have detrimental effects on the community.

Condominium projects are subject to the approval of a Conditional Use Permit pursuant to the provisions of BGMC Section 9.10.030 (Permitted land uses - Residential condominium projects), BGMC Section 9.20.140 (Residential condominiums — Conditional use), and BGMC Section

9.18.040.D (Residential Planned Development District Standards). Approval of Conditional Use Permit No. 2018-080 will be based on the required legal findings stipulated in BGMC Chapter

9.50, Variances and Conditional Use Permits. The findings are contained in the Findings section of this agenda report.

The project is proposed to be developed on an infill site currently zoned for low density residential development but that will be rezoned for a higher density to accommodate the project.

Density
The existing R-1 zone allows a density of up to 8.7 dwelling units per acre. The project proposes 48 units on 2.47 acres with a density of 19.4 units/acre. Therefore, the project requires approval by the City of a zone change from R-1 to R-3/RPDD that would allow a density of up to 31 units/acre based on the BGMC formula for calculation of maximum density for condominiums in the R-3 zone on sites of one acre or more as one dwelling unit per 1,400 sf of site area. As discussed in the Project Description, the project site would be allowed a maximum of 76 dwelling units or 31 dwelling units per acre.

The BGMC establishes the following development standards for a project in the R-3 zone and RPDD overlay. Where the RPDD standards differ from those of the R-3 zone the standards of the RPDD take precedence.

The proposed project meets all of the R-3 and RPDD zoning regulations with the exception of Exhibit 3 188

RDPP number 4. The project as proposed would require approval of a Variance from the strict application of the Zoning Code Common Open Space Requirement. Refer to the Variance section of this agenda report for additional information.

Approval by the City of a tentative tract map for condominium purposes is required as part of the project. A partial street vacation is required. The segment of Bell Gardens Avenue from the project entrance to Quinn Street will be vacated by the City and is included as part of the project with the tentative tract map. Finally, the project requires approval by the City of a conditional use permit (CUP) as required by BGMC Section 9.10.030 for the development of residential condominiums in the R-3/RPDD zone.

Project approval of the requested zone change, variance for the common open space requirement, tentative tract map and conditional use permit will allow the project to be consistent with and meet all of the BGMC development standards.

Variance No. 2018-080
Pursuant to Chapter 9.50 of the Bell Gardens Municipal Code, the Variance procedure provides some flexibility in the application of development standards when special circumstances exist pertaining to the size, shape, topography, or location of a site which deprives the property of privileges enjoyed by other properties in the vicinity and in the same zoning district. Variances are intended to resolve practical difficulties caused by the physical characteristics of the property and are not intended to constitute a granting of special privileges. Variances may not be granted to allow uses not otherwise permitted in a zone, nor to allow exceptions to density standards, as such authority is precluded by State law. The City may grant variances from the development standards of the Bell Gardens Municipal Code pertaining to the regulations of site features such as parking, landscaping, setbacks, walls, building height, signs, open space, lot coverage and site area.

As previously discussed, Variance No. 2018-080 is being requested to allow less than 25% of the required common open space to be provided on the property. The proposed project is designed to be consistent with the R-3 (High Density Residential) zone development standards and the RPDD development standards in which it will be located should the City Council approve the project. The Bell Gardens Municipal Code establishes development standards for every respective zone which includes density, height limits, maximum lot coverage, parking, common and private open space requirements, etc.

The proposed project meets all of the R-3 and RPDD zoning regulations with the exception of RDPP number 4. The project as proposed would require approval of a Variance from the strict application of the Zoning Code Common Open Space Requirement. The R-3/RPDD development standards require that a minimum of 25 percent of the gross project area shall be set aside, developed and maintained as open landscaped or recreational space for the benefit and use of all project residents. Based on this requirement the project would be required to provide 26,898 square feet of common open space. The project proposes 24,446 square feet as common open space (22.7%), which is 2,452 square feet less (2.3%)than the 26,898 square feet required by the BGMC (Exhibit R). Therefore, the project requires approval by the City of a variance from the Zoning Code requirement for common open space.

As previously discussed, the Subject Site is irregular in shape with a total of seven distinct Exhibit 3 189

property lines. The narrowest section of the Subject Site is along the street frontage on Quinn Street which measures 175 feet wide. Approximately 70 feet south from the street frontage, the Subject Site gets slightly wider at 195 feet wide for an additional 148 feet south. At approximately 240 south of Quinn Street, the Subject Site is at its widest at 327 feet. From that widest point, the east and west side property lines connect at the southernmost part of Subject Site at approximately 428 feet. Within the common open space, the Applicant proposes to provide landscaped area for the use and enjoyment of the residents of the property. Additionally, the site layout will provide each dwelling unit with a minimum of 75 square feet of private open space in the form of a second story balcony or first floor enclosed area. The proposed project will be developed in accordance with all applicable development standards specified in the Bell Gardens Municipal Code.

Staff supports granting approval of Variance No. 2018-080 based on the fact that the improvements proposed on the Subject Site will provide additional housing. Mitigated Negative Declaration, Zone Change No. 2018-080, Tentative Tract Map No. 78222 with Street Vacation, Conditional Use Permit No. 2018-080 and Variance No. 2018-080 must all be approved concurrently since the Conditional Use Permit can only be in full compliance with all of the provisions of the Bell Gardens Municipal Code if the Variance is approved to allow the deviation from BGMC Section 9.10.040 and Section 9.18.040.D.

FINDINGS:

Pursuant to California Government Code Section 66474, a legislative body of the City must make the following findings prior to the approval of a Tentative Tract Map:

A. That the proposed map is consistent with the City's applicable general and specific plans as specified in Section 65451.

Finding: Tentative Tract Map No. 78222 involves the consolidation of two existing lots and a Street Vacation to vacate the segment of Bell Gardens Avenue to Quinn Street for the subdivision of 48 residential condominium units. The General Plan Land Use Designation is "High Density Residential," which allows 20-30 dwelling units per acre.

The proposed development is being constructed at 19.4 dwelling units per acre, which is under the maximum allowable density as required by the City's General Plan. There is no specific plan applicable to the subject site.

B. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

Finding: The design and improvement of the proposed subdivision is consistent with the General Plan. The Conservation and Land Use Elements are not in conflict with the proposed project given that the project provides housing units in a residentially zoned area. The Property is located in the southwest section of the City, between Jaboneria Road and Quinn Street. The General Plan Circulation Element designates both Bell Gardens Avenue and Quinn Street as local streets. Finally, the Property is not located within a specific plan area.

C. That the site is physically suitable for the type of development.

Finding: The project site is physically suitable for the type of development Exhibit 3 100

proposed in Tentative Tract Map No. 78222. Adjacent properties are developed with multi- family residential dwelling units. The project site is currently developed with a single family residential dwelling unit but the majority of the site is vacant. The project site is flat in topography; void of vegetation and does not serve as a habitat for sensitive animal species. The proposed project is consistent with the permitted uses of the R-3 Zoning Designation and RPDD overlay zone and the site with the development standard required in Chapter 9.10 of the City of Bell Gardens Municipal Code.

D. That the site is physically suitable for the proposed density of development.

Finding: The project site is physically suitable for the proposed density of the development. The project site totals approximately 2.47 acres which equals 107,593 square feet. The R-3 zone allows one condominium unit for every 1,400 square feet of lot area to be constructed. This theoretically allows 76 condominium units to be constructed on the property. Furthermore, the General Plan Land Use designation allows 20-30 units per acres to be developed. The proposed development will only result in the construction of 48 residential condominium units and will create less of an overall impact on service demands, utilities and traffic.

E. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife or their habitat.

Finding: The proposed development is an infill project located in an urbanized area in the City previously graded and developed and based on the evidence presented in the staff report and this resolution will not result in any significant effects or impacts relating to traffic, noise, air quality, or water quality. Therefore, the project will not cause substantial environmental damage or substantially and avoidably injure fish, wildlife or their habitat.

F. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

Finding: Neither the design, or the type of improvements proposed by the applicant will cause serious public health problems because the project site does not involve hazardous land uses, but rather, a residential condominium development. The proposed development will serve the public by creating an attractive project that will provide home ownership opportunities in the City.

G. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

Finding: The design layout for the subject site and proposed improvements will not conflict with easements, acquired by the public-at-large, for access through or use of property within the proposed project. As part of the analysis for this project, notices were mailed to 15 public agencies and 5 City departments. None of the responses received from these agencies and departments indicate any opposition to the proposed project.

Conditional Use Permit No. 2018-080
Exhibit 3 191

Approval or disapproval of any Conditional Use Permit shall be based upon the following factors and principles as set forth in Section 9.50.050 of the Bell Gardens Municipal Code:
1 . The use shall not be in substantial conflict with the general plan for the area and shall comply with the standards of this title unless appropriate findings for a variance can be made.

Finding: The residential condominium units will not be in substantial conflict with the General Plan. The project site is currently designated as High Density Residential by the Bell Gardens General Plan and zoned R-1 (Low Density Residential) by the Bell Gardens Municipal Code. The General Plan and the Municipal Code do not match and therefore are not consistent. Thus, approval of Zone Change No. 2018-080 is requested in order to match the Subject Site's General Plan Land Use Designation of "High Density Residential" which allows the development of the proposed project through the approval of a Conditional Use Permit.
2 . The use shall not jeopardize, adversely affect, endanger, or otherwise constitute a nuisance to the public health, safety, or general welfare.

Finding : The proposed project will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare. The proposed project may generate some added light and glare, traffic and short-term noise during the construction phase of the project to nearby properties. However, conditions of approval to mitigate these potential impacts have been included as part of City Council Resolution No. 2018-58.
3 . The site for a proposed conditional use is adequate in size, shape, and topography to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as required by the commission as a condition in order to integrate said use with the uses in the neighborhood.

Finding: The site for the proposed Conditional Use Permit is adequate in size, shape and topography to accommodate the yards, walls, fences, parking, and landscaping. The only deficiency the project has is the common open space requirement. The Applicant is providing approximately 22.7% of the required 25% common open space. Hence, the Applicant is requesting approval of a variance to ask relief from this development standard.

The residential condominium units will not adversely affect or be materially detrimental to adjacent uses, businesses or structures. On the contrary, the proposed project will enhance the neighborhood by providing aesthetically pleasing structures, landscaped areas and on-site resident and guest parking.
4 . The site for the use is served by highways or streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.

Finding: The subject site is located on the south side of Quinn Street, between 1-710 Freeway and Bell Gardens Elementary. The General Plan Circulation Element has Exhibit 3 102

designated Bell Gardens Avenue and Quinn Street as local streets. A traffic report was prepared for the project and is included in Appendix G of the MND. The MND, the MMRP and City Council Resolution No. 2018-58 contain mitigation measures to reduce the project traffic impact at the Jaboneria Road/Quinn Street intersection in the AM peak hour. The project traffic will not impact the existing traffic volumes and levels of service of any area roadways or intersections. The existing traffic circulation system can accommodate the project traffic without exceeding the City's adopted Level of Service (LOS) D at any local intersections. The project will not impact any Congestion Management Program (CMP) roadways, generate any roadway design impacts or impact the school cross-walk at Bell Gardens Elementary School. Therefore, although this project will generate some additional trips along Quinn Street and Bell Gardens Avenue, the increase will be minimal. Currently, the majority of the project site is vacant but the property does contain a single family dwelling unit, which will be demolished and replaced by 48 residential condominium units.

Thus, only 47 units are being added to the property having little impact on traffic with the inclusion of the mitigation measures stipulated in the MND and MMRP. 5 . The site is served by the required utilities, including electricity, and water supply of qualities and pressures required by the fire codes to provide adequate fire protection.

Finding: The subject site is located within a fully developed urban area in the City.

Existing infrastructure meets the current water demands for the area and will meet the demands of the proposed project. Additionally, structural plans for the proposed project will be subject to further review and approval by the City Building and Safety Division and the Los Angeles County Fire Department.

Variance No. 2018-080
Approval or disapproval of any Variance shall be based upon the following factors and principles as set forth in Section 9.50.060 of the Bell Gardens Municipal Code:
1 . That the variance is necessary for the preservation of a substantial property right of the owners, and that such variance will not be materially detrimental to the public welfare nor to the property of other persons located in the vicinity thereof.

Finding: The requested variance is necessary for the preservation of a substantial property right of the owner, and will not be materially detrimental to the public welfare nor to the property of other persons located in the vicinity. Section 9.20.140 of the City of Bell Gardens Municipal Code establishes standards for the development of residential condominium projects in the City. The R-3/RPDD development standards require that a minimum of 25 percent of the gross project area shall be set aside, developed and maintained as open landscaped or recreational space for the benefit and use of all project residents. Based on this requirement the project would be required to provide 26,898 square feet of common open space. The project proposes 24,446 square feet (22.7%) as common open space, which is 2,452 square feet (2.3%) less than the 26,898 square feet required by the BGMC. The Subject Site is irregular in shape with a total of seven distinct property lines. The narrowest section of the Subject Site is along the street frontage on Quinn Street which measures 175 feet wide. Approximately 70 feet south from the street frontage, the Subject Site gets slightly wider at 195 feet wide for an additional 148 feet south. At approximately 240 south of Quinn Street, the Subject Site is at its widest at 327 Exhibit 3 193

feet. From that widest point, the east and west side property lines connect at the southernmost part of Subject Site at approximately 428 feet. Due to the severe irregularity of the lot, the project requires approval by the City of a variance from the Zoning Code requirement for common open space. The designated common open space will be provided throughout the property for the enjoyment of the residents of the project.

Additionally, the site layout will provide each dwelling unit with a minimum of 75 square feet of private open space in the form of a second story balcony or first floor patio area. 2 . That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings in which the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

Finding: The Subject Site is approximately 2.47 acres in size and irregular in shape as it gets narrow at the rear of the project as more particularly described in variance finding No. 1 above and incorporated herein by this reference. Residential lots located within the immediate vicinity of the subject site vary in size and density. Some of these properties do not comply with all the provisions contained in Section 9.10.040 of the City of Bell Gardens Municipal Code. The Applicant proposes the development of 48 residential condominium units on the Subject Site. Based on the lot size, the Applicant proposes to build larger units that are more spacious. Additionally, due to the configuration of the lot, unit layout, and required parking is the reason why the Applicant is only able to provide approximately 90% of the required common open space on the project site. The requested variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other properties in the same zoning designation and immediate vicinity and does not represent the granting of a special privilege.

3. That the variance shall not constitute a grant of special privilege inconsistent with the limitations upon other property in the vicinity and zone in which such property is located.

F i n d i n g : Granting the variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject site is located. The proposed development is consistent with all the development standards for the R-3/RPDD Zoning Designation with the exception of the percentage of common open space required for the project. Variance No. 2018-080 is requested to allow the development of the project with a reduction on the common open space percentage from the required 25 percent to 22.7 percent. Residential lots located within the immediate vicinity of the subject site vary in size and density. Some of these properties do not comply with all the provisions contained in Section 9.10.040 of the City of Bell Gardens Municipal Code. Due to the irregular shape of the lot, the square footage of the common open space falls short by 2,452 square feet. The strict application of the Code will deprive this property from privileges enjoyed by other residential properties in the vicinity and under identical zoning designation.

4. That the variance shall not be granted for a parcel or property that authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

Exhibit 3 104

Finding: The Bell Gardens Municipal Code designates the Subject Site R-3/RPDD which permits residential condominium units. The proposed project will not constitute a use or activity which is not otherwise authorized by the zoning district in which it is located. 5 . That there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance; and in granting such variance, the spirit of the ordinances will be observed, public safety will be secured, and substantial justice will be done.

Finding: There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance; and in granting such variance, the spirit of the ordinance will be observed, public safety will be secured, and substantial justice will be done because the proposed 48 unit condominium project will be developed in accordance with all the required development standards for the R-3/RPDD Zoning Designation except for the percentage of the common open space required by Code. The project as proposed by the Applicant falls short of the required common open space area by 2,452 square feet due to the Subject Site's irregular shape. Therefore, approval of a variance is being requested for the relief from the strict application of the Code. If Variance No. 2018-080 is not granted, the only option available to the applicant would be to further reduce the density on the Subject Site. The proposed project will provide 24,446 square feet of common open space and a minimum of 75 square feet for private open space for each unit.

ENVIRONMENTAL REVIEW:

In accordance with the California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared to determine whether the Project may have a significant effect on the environment.

On the basis of the Initial Study prepared for the Project, it has been determined that the Project may have a potential significant effect on the environment which may be mitigated to a level that is less than significant and therefore, a Mitigated Negative Declaration has been prepared. A "Mitigation Monitoring and Reporting Program" has been prepared and mitigation measures have been included in City Council Resolution No. 2018-56. The Mitigated Negative Declaration was circulated for a 30-day public review period pursuant to CEQA Guideline §15105(b) from September 26, 2018 to October 25, 2018.

CONCLUSION:

The proposed Project has been routed to all concerned agencies and City departments for review. The Los Angeles County Fire Department and the City Engineer requested certain conditions be included as part of the Conditions of Approval in City Council Resolution Nos. 2018-57 and 2018-58.

Based on staff's analysis, it is recommended that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for the proposed 8000 Bell Gardens Avenue Residential Project. Additionally, staff recommends that the City Council approve Zone Change No. 2018-080 and Ordinance No. 856, Tentative Tract Map No. 78222 with a Street Vacation, Conditional Use Permit No. 2018-080 and Variance No. 2018-080 which collectively grants approval for the development of a 48 unit residential condominium project.

FISCAL IMPACT:

No fiscal impact.

Exhibit 3 195

ATTACHMENTS:

Exhibit A- Resolution No. 2018-56
Exhibit B - Ordinance No. 892
Exhibit C - Resolution No. 2018-57
Exhibit D - Resolution No. 2018-58
Exhibit E - Vicinity Map (with 500-foot Radius Map)
Exhibit F - Site Plan
Exhibit G - Schematic Landscape Plan
Exhibit H - Floor Plans
Exhibit I - Schematic Planting Plan
Exhibit J - Elevations
Exhibit K -Schematic Wall & Fence Plan
Exhibit L- MND
Exhibit M - Mitigation Monitoring & Reporting Program
Exhibit N - Zone Change from R-1 to R-3/RPDD
Exhibit O - Existing Zone Map
Exhibit P - Established Uses within 700-foot Radius
Exhibit Q - Tentative Tract Map No. 78222
Exhibit R - Schematic Open Space
Exhibit S - Public Hearing Notice
Exhibit T- Signed Planning Commission Resolutions
Staff Presentation - Item No. 1 - 8000 Bell Gardens Avenue Residential APPROVED ELECTRONICALLY BY:

Philip Wagner, City Manager
John Lam,Assistant City Attorney for Arnold Alvarez-Glasman, City Attorney Will Kaholokula, Director of Finance and Administrative Services Exhibit 3 206

i
RESOLUTION 2018-57

RESOLUTION F THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP
78222 (File No. 18-080)
WHEREAS, the applicant, Vanessa Delgado, Managing Partner of Azure Development ("Applicant"), has requested approval of a 48 condominium unit housing development ("Project") at 8000 Bell Gardens Avenue, Bell Gardens ("Project Site"); WHEREAS, the Applicant has submitted the following applications for consideration by the Planning Commission for their recommendation to the City Council:

Zone Change from R-1 (Low Density Residential) to R-3 (High Density Residential) / RPDD (Residential Planned Development District) overlay, a Tentative Tract Map with a Street Vacation, a Conditional Use Permit (CUP) to allow the residential use in the R-3 zone, and a Variance for a reduction in Common ®pen Space ("Project); WHEREAS, the Planning Commission also considered a recommendation to adopt a Mitigated Negative Declaration for the Project identified above; WHEREAS, the Project Site will be zoned R-3 (High Density Residential)/RPDD (Residential Planned Development District) and the General Plan Land Use Designation is "High Density Residential";
WHEREAS, the Applicant has specifically requested the approval of Tentative Tract Map No. 78222 to allow the subdivision of the property for the development of 48 residential condominium units ("Condominiums") at the Project Site; WHEREAS, the Project Site totals approximately 2.47 acres and consists of two separate parcels of land and a segment of a public street; WHEREAS, as part of the Tentative Tract Map No. 78222, a street vacation is required. The segment of Bell Gardens Avenue from the project entrance to Quinn Street will be vacated by the City and is included as part of the project with the Tentative Tract Map;
WHEREAS, on November 7, 2018, the Planning Commission held a special public hearing in order to consider the Applicant's request and recommend approval of Tentative Tract Map No. 78222 to the City Council;
WHEREAS, the Planning Commission also considered a request for the approval of Zone Change No. 2018-080, Conditional Use Permit No. 2018-080 and Variance No. 2018-080 to allow the development of the proposed project; WHEREAS, the Planning Commission has fully reviewed and considered all facts and evidence, both written and testimonial, pertaining to Tentative Tract Map No. 78222; and
Exhibit 4 197

Resolution No. 2018-57
WHEREAS, on November 12, 2018, the City Council held a regular public hearing in order to consider the Applicant's request and approve Tentative Tract Map No. 78222,

THEREFORE, THE CITY COUNCIL ERESOLVE AND
DETERMINE FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein.

SECTION . That the requested Tentative Tract Map No. 78222 be approved to allow for the subdivision of the Project Site and development of 48 residential condominiums units on the Project Site based on the following findings:

A. That the proposed chap is consistent with the City's applicable general and specific plans as specified in Section 65451.

19.4 dwelling units per acre, which is under the maximum allowable density as required by the City's General Plan. There is no specific plan applicable to the subject site.

B. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

Finding: The design and improvement of the proposed subdivision is consistent with the General Plan. The Conservation and Land Use Elements are not in conflict with the proposed Project given that the Project provides housing units in a residentially zoned area. The Project Site is located in the southwest section of the City, between Jaboneria Road and Quinn Street. The General Plan Circulation Element designates both Pell Gardens Avenue and Quinn Street as local streets. Finally, the Project Site is not located within a specific plan area.

C. That the site is physically suitable for the type of development.

Finding: The Project Site is physically suitable for the type of development proposed in Tentative Tract Map No. 78222. Adjacent properties are developed with multi-family residential dwelling units. The Project Site is currently developed with a single family residential dwelling unit but the majority of the site is vacant.

The Project Site is flat in topography; void of vegetation and does not serve as a habitat for sensitive animal species. The proposed Project is consistent with the permitted uses of the R-3 Zoning Designation and RPDD overly zone and the site with the development standard required in Chapter 9.10 of the City of Pell Gardens Municipal Code.
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Exhibit 4 198

Resolution No. 2018-57
D. That the site is physically suitable for the proposed ensi of development.

Finding: The Project Site is physically suitable for the proposed density of the development. The Project Site totals approximately 2.47 acres which equals 107,593 square feet. The R-3 zone allows one condominium unit for every 1,400 square feet of lot area to be constructed. This theoretically allows 76 condominium units to be constructed on the property. Furthermore, the General Plan Land Use designation allows 20-30 units per acres to be developed. The proposed development will only result in the construction of 48 residential condominium units and will create less of an overall impact on service demands, utilities and traffic.

E. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife or their habitat.

Finding: The proposed development is an infill Project located in an urbanized area in the City previously graded and developed and based on the evidence presented in the staff report and this resolution will not result in any significant effects or impacts relating to traffic, noise, air quality, or water quality. Therefore, the Project will not cause substantial environmental damage or substantially and avoidably injure fish, wildlife or their habitat.

F. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

Finding: Neither the design, or the type of improvements proposed by the applicant will cause serious public health problems because the Project Site does not involve hazardous land uses, but rather, a residential condominium development. The proposed development will serve the public by creating an attractive Project that will provide home ownership opportunities in the City.

G. That the design of the subdivision or the type of improvements will not conflict with easements, acquired byte public at large, for access through or use of property within the proposed subdivision.

Finding: The design layout for the subject site and proposed improvements will not conflict with easements, acquired by the public-at-large, for access through or use of property within the proposed Project. As part of the analysis for this Project, notices were mailed to 15 utility agencies and five city departments. None of the responses received from these agencies and departments indicate any opposition to the proposed Project.

SECTION3. In accordance with the California Environmental Quality Act (CQA) Guidelines, an Initial Study was prepared to determine whether the Project may have a significant effect on the environment. On the basis of the Initial Study prepared for the Project, it has been determined that the Project may have a potential significant effect on the environment which may be mitigated to a level that is less than significant and therefore, a Mitigated Negative Declaration has been prepared. A "Mitigation Monitoring 3 of 13
Exhibit 4 199

Resolution No. 2018-57
and Reporting Program" has been prepared and mitigation measures have been included in City Council Resolution No. 2018-56. The Mitigated Negative Declaration was circulated for a 30-day public review period pursuant to CEQA Guideline §15105(b) from September 26, 2018 to October 25, 2018. The City Council hereby adopts the Mitigated Negative Declaration as adequate to assess the environmental impacts of the Project, based on the findings contained herein and finds, on the basis of the whole record, that there is no substantial evidence that the Project will have a significant effect on the environment and that the adoption of the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis. The full record is available for review in the Community Development Department.

SECTION 4. Tentative Tract Map No. 78222 is hereby approved to allow the subdivision of the Project Site for the development of 48 residential Condominiums units, subject to the following findings:

1. The property shall be improved and maintained in accordance with:
a. All applications on file in the Community Development Department and Exhibit A through T included in the agenda report and incorporated herein by this reference.
b. All applicable laws, including but not limited to, the Bell Gardens Municipal Code.

C. All of the conditions of approval as set forth in this City Council Resolution for Tentative Tract Map No. 78222.

2. All conditions stated herein shall be binding upon the Applicants, their successors and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; shall restrict and limit the construction, location, use and maintenance of all land and structures adjacent to or within the vicinity of the subject site.

3. Approval of Tentative Tract Map No. 78222 shall be valid for a period of twenty-four (24) months after the date upon which the City Council grants approval of the !. Division. During this time, the owners or Applicants shall cause the parcel or parcels to be surveyed and a tract map to be prepared and submitted to the City Engineer for approval and subsequent recordation. Upon written application, filed with the Community Development Department within the twenty-four (24) month period following approval of the Tentative Tract Map, extensions beyond the twenty-four (24) month period may be granted by the City Council. The sum of such extensions granted shall not exceed a total of twelve (12) months, unless the requirements of Government Code Section 66452.6(a) are met. If the request for extension is denied, then the Applicants or owners may appeal to the City Council within fifteen (15) days after the City Council has denied the extension in the same manner as outlined in Chapter 9.60 of the Bell Gardens Municipal Code. 4of13
Exhibit 4 200

Resolution No. 2018-57
i
i

4. The abandonment or non-use of Tentative Tract Map No. 78222 for a consecutive period of twenty-four (24) months shall terminate the map approval and any privileges granted hereunder shall become null and void, provided that an extension request is not filed and approved in accordance with the Subdivision Map Act.

5. In the event of transfer of ownership of the property involved in this application, the new owner shall be informed in writing by the Applicants of these conditions and development of the property and the new owner will be required to abide by the conditions set forth in Tentative Tract Map No. 78222.

6. Violation of any of the conditions of Tentative Tract Map No. 78222 shall be cause for revocation and termination of all rights hereunder.

7. The Community Development Director or his/her designee shall be authorized to make minor modifications to the approved plans or any of the conditions if such modifications will achieve substantially the same result, as would strict compliance with said plans and conditions.

8. Graffiti on buildings, walls, and any other structures on the property, shall be removed within forty-eight (48) hours of its discovery. If painting is required, the color of the paint shall be identical to the existing color.

9. Vehicles associated with the construction of the proposed project shall not be permitted to park on the public right-of-way.

10. Storage of building materials shall be contained within the project site.

11. Contractors and subcontractors engaged in the construction activities of the project shall obtain a business license and all required permits from the City of Sell Gardens.

12. Hours and days of construction and grading shall be as follows: Monday through Saturday, not before 7:00 A.M. and not after 6:00 P.M. of the same day. No construction or grading shall take place on Sunday or holidays.

13. Tentative Tract Map No. 78222 shall be prepared in conformance with the Subdivision Map Act. The Applicants shall submit an updated title report for the entire project site. The title report shall be dated not more than three (3) months from the date of submittal of the final map.

14. The new subdivisions shall be developed and maintained in a neat, quiet and orderly condition and the uses on the lot shall be operated in a manner that will not disturb or be detrimental to adjacent properties, surrounding land uses and occupants.

15. Prior to commencing any construction/demolition on the project site, the Applicants shall submit a site plan indicating on-site and off-site vehicular and pedestrian traffic circulation during all stages of construction to the Community Development Department for review and approval
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Exhibit 4 201

Resolution No. 2018-57

16. The Applicants shall conform to all specifications and standards from the Los Angeles County Fire Department and shall secure all required approvals and permits prior to commencing the construction of the project.

17. As part of the Tentative Tract Map approval process, the Applicant shall reserve easements on the property as required by utility companies and county agencies that may have an interest in the project site.

18. The Applicants shall conform to all standards and secure permits required by all County agencies, as well as utility companies that may have an interest in the project site. The Applicants shall submit a copy of the permits obtained from the County agencies and utility companies to the Community Development Department.

19. The Applicants shall comply with engineering corrections as indicated by the City Engineering Division and submit all required information as part of the plan check process of Tentative Tract Map No. 73222.

20. The Applicants shall be responsible for submitting payment of all required plan check deposits and fees prior to processing the approval and recordation of Final Tract Map No. 73222.

21. All existing recorded public utility and/or private easements, and any covenants and agreements shall remain and be shown on the final map unless those easements and/or covenants and agreements, and rights thereof, are quitclaimed or omitted in conformance with the Subdivision Map Act, if applicable.

22. All proposed improvements on the subject site, construction of the proposed buildings, and installation of the split face block walls shall be completed in accordance with the provisions of the Uniform Building Code. All required permits from the Building and Safety Division shall be secured prior to commencing the construction of the project.

23. The Applicants shall obtain all required approvals and permits from the Public Works Department prior to commencing any work that may encroach on the City's public right-of-way.

24. The Applicants shall obtain all necessary permits from City and County agencies and utility companies, including but not limited to Fire and Building and Safety Department permits, for the proposed improvements and business operations on the property.

Engineering / Public Works

25. The Applicant shall comply with all mitigation measures specified in the Negative Mitigation Declaration for the above referenced project, Tentative Tract Map, No. 78222.
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Exhibit 4 202

Resolution No. 2013-57

26. All Design Standards and Parameters shall be per the County of Los Angeles and the City of Sell Gardens. If a conflict arises between these standards, the City of Bell Gardens Standards shall prevail.

27. The Applicant shall submit copies of all the "will serve" letters from SCE, Gas Company, Golden State Water and Sanitation District of Los Angeles County.

23. The Applicant shall prepare all on-site and off-site improvements plans and specification in compliance with the Americans with Disabilities Act (ADA) and shall dedicate all necessary right-of-way to complete the improvements to the satisfaction of the City Engineer. The off-site improvements shall include the removal and replacement of all sidewalks located along the front property line of the Project Site, driveways, ADA ramps, curbs and gutters.

29. The Applicant shall prepare and submit a legal Final Map prepared by a licensed Surveyor or registered civil engineer authorized to prepare the legal final map for the City Engineer review and approval. Said map shall be incompliance with the Map Act and the City's Subdivision Section of the Municipal Code.

30. Prior to issuance of any building permits by the City, Final Map No. 73222 shall be filed for recordation in its entirety.

31. The Applicant shall provide documentation indicating the site is "clean/closed" by the appropriate approval agencies based on the findings of the Phase 2 Environmental Site Assessment.

32. Prior to the issuance of grading permit, the Applicant shall submit a soil report prepared by a registered civil/geotechnical engineer for the site to the City Engineer or his designee for review and approval.

33. Prior to the issuance of grading permit, the Applicant shall perform a Stage 1 soil test for the site to determine if there is any contamination on the site and/or if a Stage 2 or Stage 3 tests are warranted.

34. Prior to the issuance of grading permit, the Applicant shall prepare and submit grading/drainage improvement plans (Plan and Profile) for all on-site improvements.

Provide full details, cross sections and elevations. The stormwater improvements shall be show the LID/Treatment device utilizing plan and profile. The Soils Report shall be made part of the grading/drainage plans; including the Soils Engineer's signature on the grading/drainage plans. The plans shall be submitted to the City Engineer or designee for review and approval.

35. Prior to the issuance of grading permit, the Applicant shall conduct their operations in a manner that will not violate the current NPDS City Permit or SWPPP.

36. Prior to the issuance of grading permit, the Applicant shall secure a WDID number prior to the start of any grading operations.
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Exhibit 4 203

Resolution No. 2018-57
37, Prior to the issuance of grading permit, the Applicant shall comply with all rules and conditions for the Water Quality Board and shall conduct their grading operations accordingly.
36, Prior to the issuance of grading permit, the Applicant shall prepare and submit a hydrology and hydraulic study to be signed by a registered civil engineer for the City Engineer or his designee for review and approval.

39. Prior to the issuance of grading permit, the Applicant shall prove that the drainage pattern and points of disposal shall not overload any existing drainage system.

40. Prior to the issuance of building permit, unless there is an existing agreement between the City of Bell Gardens and Caltrans according to which Caltrans will accept the surface drainage runoff. The Applicant shall secure a letter of consent or Caltrans Encroachment permit showing the project LID/Treatment device drains onto the Caltrans ROW and accepts said runoff.

41. Prior to the issuance of grading permit, the Applicant shall provide comprehensive utility coordination plan for on-site improvements showing gas, water, sewer, electrical, ctv/phone.

42. Prior to the issuance of grading permit, the Applicant shall provide explanation and location of trash receptacle/enclosures, and/or turning radius analysis that a trash truck can negotiate through the development. All trash operations shall comply with current waste reduction regulations.

43. Prior to the issuance of grading permit, the Applicant shall provide traffic control, construction personal parking plan and truck haul route plan for review and approval.

44. The Applicant shall prepare and submit plan and profile for ROW improvements on Quinn Ave and Bell Gardens Ave including show drainage pattern alterations due to the ROW dedication and subsequent drainage improvements for review by the City Engineer or designee for review and approval.

45. Drainage improvements at Quinn and Bell Gardens shall address the historical standing water and slow drainage onto the Caltrans ROW. The Applicant shall obtain a Caltrans Encroachment permit and provide improvements/maintenance activities to ensure proper drainage through the Caltrans ROW.

46. The Applicant shall work with the Public Works Department to install signage that will allow additional parking on the west side of Bell Gardens Avenue. The Applicant shall provide improvement plans to remove the concrete sidewalk and construct 4 foot wide ADA compliant sidewalk adjacent to the exiting curb. Provide drought tolerant landscaping in the remaining 11 feet. Provide a storm water treatment device to address the drainage on Bell Gardens Avenue and Quinn Street and install two street lights near Bell Gardens Avenue and Quinn Street as determined by the Public Works Department.
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Exhibit 4 204

Resolution No. 2013-57

47. The Applicant shall prepare a Traffic Study for the site and impacts on the Traffic Circulation within the projects sphere of influence for the City Engineer's review and approval.

43. Provide traffic improvement plan for review and approval showing the traffic intersection improvements for the intersection of Quinn Street and Jaboneria Road.

49. Provide new signal timing sheets for Eastern Avenue and Jaboneria Road intersection for review and approval.

50. The Applicant shall prepare and submit plan and profile for on-site and off-site water improvements to the satisfaction of Golden State Water Company. Upon final approval of the said plans, the Applicant shall provide a signed/approved set of plans to the City Engineer for reference.

51. The Applicant shall prepare and submit plan and profile for on-site and off-site sewer improvements to the satisfaction of Los Angeles County Sanitation District. Upon final approval of said plans, the Applicant shall provide a signed copy to the City Engineer for reference.

52. The Applicant shall provide sewer pump calculations and maintenance manual.

53. The Applicant shall finalize the vacation of Bell Gardens Avenue. Said vacation shall either be recorded with the final map or by a separate instrument which its number shall be on the final map.

54. The Applicant shall prepare and submit to the Community Development Department the Conditions, Covenants and Restrictions (CC&R's) or other documentation to be reviewed and approved by the City Attorney's Office and the Public Works Department and shall include the following perpetual maintenance and payment mechanism by the Association to maintain, repair and replace as required all private improvements. Specific paragraphs shall address: a) All roadways; b) Sewers and sewer pumps; c) Stormwater/LID improvements and devices with associated project covenants in compliance with the Los Angeles County Stormwater permit; and d) Caltrans drainage permit and maintenance requirements. The CCR's shall be recorded prior to the recordation of the legal final map.

55. The Applicant shall be responsible for the payment of all CC&R's fees. Payment of deposit shall be made to the City at the time of CC&R's submittal to the Community Development Department.

56. Prior to the final inspection by the City, the Applicant shall finalize the construction of both the on-site and off-site improvements. If said improvements have not been finalized, the Applicant shall enter into a subdivision agreement and post security deposit or bond guaranteeing the construction of said improvements.

57. The Applicant shall pay all the required City fees which include, but not limited to Road Mitigation Fees, School District Fees, etc.
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Exhibit 4 205

Resolution No. 2018-57

58. As directed by the City, the Applicant shall establish or annex to any or all existing assessment districts for lighting, landscaping or maintenance within the City.

59. The Applicant shall submit a Title Report not older than 90 days from the date of submittal of the legal final map for plan check by the City Engineer. The Applicant shall comply with all the easement requirements as shown on said report.

60. The Applicant shall provide clearances for any and all entities which places Conditions of Approval for the Tentative Tract Map 78222.

61. Prior to submittal of the grading plans, the Applicant shall secure the land area in dispute with the adjoining trailer park property owner. Should the Applicant not secure the land area in dispute, the Applicant shall submit revised architectural plans that show the reduction of the footprint of Building No. 1 to allow the five foot side yard setback from the east property line.

Fire Department

62. The Applicant shall submit 3 copies of the Final Map to the County of Los Angeles Fire Department Fire Prevention Land Development Unit for review and approval prior recordation.

63. The Applicant shall provide proof of payment of the County of Los Angeles Fire Department Fire Prevention Land Development Final Map review fees.

64. The Applicant shall ensure that every building constructed shall be accessible to Fire Department apparatus by way of access roadways, with an all-weather surface of not less than the prescribed width. The roadway shall be extended to within 150 feet of all portions of the exterior walls when measured by an unobstructed route around the exterior of the building.

65. The Applicant shall ensure that the approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extent to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. 2016 County of Los Angeles Fire Code Section 503 Section 503.1.1.

66. The Applicant shall ensure that all on-site Fire Department vehicular access roads shall be labeled as "Private Driveway and Fire Lane" on the site plan/exhibit, tentative map and Final Map along with the widths clearly depicted on the plan.

Labeling is necessary to assure the access availability for Fire Department use. The designation allows for appropriate signage prohibiting parking.

67. The Applicant shall ensure that Fire Department vehicular access roads must be installed and maintained in a serviceable manner prior to and during the time of construction. Fire Code 501.4.
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Exhibit 4 206

Resolution No. 2018-57
II

68. All fire lanes shall be clear of all encroachments, and shall be maintained in accordance with the Title 32, County of Los Angeles Fire Code.

69. The Fire Apparatus Access Roads and designated fire lanes shall be measured from flow line to flow line.

70. The Applicant shall ensure that the Project maintains a minimum unobstructed width of 26 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance "clear o sky" Fire Department vehicular access to within 150 feet of all portions of the exterior walls of the first story of the building, as measured by an approved route around the exterior of the building. Fire Code 503.1.1 and 503.2.2

71. Fire Apparatus Access Roads shall be designed and maintained to support the imposed load of fire apparatus weighing 37 Y2 tons and shall be surfaced so as to provide all-weather driving capabilities. Fire apparatus access roads having a grade of 10 percent or greater shall have a paved or concrete surface. Fire Code 503.2.3.

72. Provide approved signs or other approved notices or markings that include the words "NO PARKING - FIRE LANE". Signs shall have a minimum dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background.

Signs shall be provided for fire apparatus access roads, to clearly indicate the entrance to such road, or prohibit the obstruction thereof and at intervals, as required by the Fire Inspector. Fire Code 503.3.

73. A minimum 5 foot wide approved firefighter access walkway leading from the fire department access road to all required openings in the building's exterior walls shall be provided for firefighting and rescue purposes. Fire Code 504.1.

74. Fire Apparatus Access Roads shall not be obstructed in any manner, including the parking of vehicles, or the use of traffic calming devices, including but not limited to, speed bumps or speed humps. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. Fire Code 503.4.

75. The Applicant shall install 2 new on-site fire hydrants. All fire hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal, and shall be installed in accordance with the County of Los Angeles Fire Code. All required public fire hydrants shall be installed, tested and accepted prior to beginning construction. Fire Code 501.4.

76. For all occupancies other than one and two-family dwellings, and Group R-3 buildings, including commercial, industrial, multi-family dwellings, private schools, and institutions, fire hydrant spacing shall be 300 feet ((91.44m). No portion of lot frontage shall be more than 200 feet (60.96m) from, via vehicular access, a public hydrant. No portion of a building shall be more than 400 feet (121.92m) from, via vehicular access, a properly spaced public hydrant.

77. All fire hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current 11 of 13
Exhibit 4 207

Resolution No. 2018-57
AVWA standard C503 or approved equal, and shall be installed in accordance with the County of Los Angeles Fire Code.

78. The required fire flow for the public fire hydrants for this project is 1,375 gpm for a 2 hour duration at 20 psi.

79. All required public fire hydrants shall be installed, tested and accepted prior to beginning construction. Fire Code 501.4.

80. All required fire hydrants shall be installed, tested and accepted or bonded for prior to Final Map approval.

81. Vehicular access shall be provided and maintained serviceable throughout construction.

82. An approved automatic fire sprinkler system is required for the proposed buildings within this development. Submit design plans to the Fire Department Sprinkler Plan Check Unit for review and approval prior to installation.

Miscellaneous

83. Approval of Tentative Tract Map No. 78222 is subject to the approval of Conditional Use Permit No. 2018-080 and Variance No. 2018-080. The Applicant shall satisfy and comply with the conditions of approval for Tentative Tract Map No. 78222, Conditional Use Permit No. 2018-080 and Variance No. 2018-080 prior to the final inspection by the City of Bell Gardens Community Development Department and the issuance of a Certificate of Occupancy.

84. The Conditions of Approval contained in City Council Resolution No. 2018-57 approving Tentative Tract Map No. 78222 shall compliment all of the Conditions of Approval of Conditional Use Permit No. 2018-080 and Variance No. 2018-080 (City Council Resolution #PC 2018-58)to allow for the Project. If any inconsistencies exist between the conditions established in this resolution and City Council Resolution No. 2018-58, the most restrictive conditions shall apply.

85. The Applicants shall sign, notarize and return to the Community Development Department an affidavit accepting all Conditions of Approval of Tentative Tract Map No. 78222 within fifteen (15) days from the date of approval of the City Council j Resolution.

SECTION . The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, P VE D ADOPTED this 12t" day of November 2018. [Signatures on the following page]
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Exhibit 4 208

Resolution No. 2018-57

THE CITY OF BELL GARDENS
, Mara Pulido, Mayor
APPROVED TO FORM: ATTEST:

Arn Id Alvarez-Glasman Kristina Santana
City Attorney City Clerk
I, KRISTINA SANTANA, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2018-57 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, November 12, 2018 and was approved and passed by the following vote:

AYES: Council Member Aceituno; Mayor Pro Tem Mendoza; Mayor Pulido NOES: None
ABSTAIN: None
ABSENT: Council Members Flores, Rodriguez
Kristina Santana, City Clerk
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Exhibit 4 209

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 7.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo I niguez, Director of Public Works/Facilities Karla Gonzalez, Senior Management Analyst
SUBJECT: APPROVAL OF PROPOSITION 1 GRANT SUBRECIPIENT AGREEMENT FOR

REGIONAL RECYCLED WATER EXPANSION PROJECT
DATE: March 11, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council:

2. Authorize the City Manager to execute the Proposition 1 Grant Subrecipient Agreement; and

3. Appropriate $50,000 from the General Fund as the City's local cost share.

BACKGROUND/DISCUSSION:

The Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1), provides grants funds for water resource-related projects included in an adopted Integrated Regional Water Management Plan. The California Department of Water Resources (DWR) is the State agency that administers the Proposition 1 program. The DWR released the Proposition 1 Round 2 Proposal Solicitation Package and Guidelines on May 17, 2022.

The DWR designated the Greater Los Angeles County Integrated Regional Water Management (IRWM) Group to facilitate watershed management by establishing collaborative efforts across the watersheds within the Greater Los Angeles County Region (Region). In May 2022, the I RW M Group released its grant program guidelines, and issued its Call for Projects seeking eligible projects for inclusion in its proposal to DWR.

The Los Angeles County Flood Control District (District), as a member of the IRWM, is the regional entity designated to apply for grant funds under Proposition 1 on behalf of all proposed projects for the Region. The Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA), of which the City of Bell Gardens is a member, submitted the Regional Recycled Water Expansion Project, on behalf of the Cities of Downey and Bell Gardens, for a total grant amount of$3,372,600.

On November 16, 2022, the I RW M Committee approved the selection of 17 projects for inclusion in the application for the Proposition 1 Round 2 grant, which included the GWMA Regional Recycled Water Expansion Project.

The Regional Recycled Water Expansion Project will extend the recycled water systems in the Cities of Bell Gardens and Downey to provide water for irrigation of parks serving disadvantaged communities (DAC). These facilities will bring 82 AF of potable water offsets to the region at a critical time during Southern California's drought 210

and ensure that these public open spaces can continue to support their communities. The project is designed to facilitate drought preparedness through long-term reduction of potable water use.

In the City of Bell Gardens, the Regional Recycled Water Expansion Project will construct approximately 6,000 linear feet of pipe to extend the recycled water service from the recycled water connection at Park Lane and Garfield Avenue to Veterans Park and Suva Elementary School, with the extension running north on Garfield Avenue and east on Florence Place.

The grant amount for the construction of the Regional Recycled Water Expansion Project is $3,372,600. The City of Bell Gardens is eligible to receive $2,557,800 for its portion, and a local cost share of $50,000 is required. Since the GWMA is the project proponent, a subrecipient agreement with GWMA has been prepared for this grant. The Subrecipient Agreement with the GWMA commits the City of Bell Gardens to the construction of approximately 6,000 linear feet of pipeline within its jurisdiction, the required local cost share, compliance with the Proposition 1 grant guidelines and requirements, and compliance with the California Environmental Quality Act (CEQA).

CONCLUSION:

The Regional Recycled Water Expansion Project will address local water supply challenges by increasing the use of recycled water in the community, specifically at Veterans Park and Suva Elementary School, resulting in the conservation of potable water.

FISCAL IMPACT:

The City will receive $2,557,800 in Proposition 1 grant funds for the construction of the recycled water line within the City. Additionally, the City will be required to provide a $50,000 local cost-share, resulting in a total allocation of $2,607,800. The District will be reimbursed $115,101 by the DWR from the total allocation and the GWMA will be paid an administrative fee of $89,523 from the total allocation; therefore, the total amount available for the construction of the recycled water line will be $2,403,176.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024-14
Exhibit 2 -Agreement with Exhibits
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 211

RESOLUTION NO. 2024-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, APPROVING THE PROPOSITION 1 GRANT

SUBRECIPIENT AGREEMENT FOR THE REGIONAL RECYCLED

WATER EXPANSION PROJECT BY AND BETWEEN THE CITY OF BELL

GARDENS AND LOS ANGELES GATEWAY REGION INTEGRATED

REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY
WHEREAS, in November 2014, the voters of California enacted the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1), adding provisions to the California Public Resource Code; and
WHEREAS, the Los Angeles County Flood Control District (District) is the regional entity designated to apply for grant funds under Proposition 1 for projects included in the Greater Los Angeles County Integrated Regional Water Management Plan ("IRWMP") pursuant to Water Code Section 79740, et seq.; and
WHEREAS, on November 16, 2022, the IRWMP Committee approved the selection of 17 projects, including the Regional Recycled Water Expansion Project, which includes the construction of pipeline to extend the recycled water main lines for irrigation purposes within the City of Bell Gardens; and
WHEREAS, on December 5, 2023, the District entered into a Proposition 1 Integrated Regional Water Management Grant Agreement (IRWM Grant Agreement)with the California Department of Water Resources (DWR), by which the District will receive a maximum of Twenty Million Three Hundred Thirty-Five Thousand Dollars ($20,335,000) for several projects included in the IRWMP; and
WHEREAS, GWMA is designated as the implementing agency for the Regional Recycled Water Expansion Project (Project) for which the IRWM Grant Agreement designates a total grant amount of Three Million Three Hundred Seventy-Two Thousand Six Hundred Dollars ($3,372,600); and
WHEREAS, the award of the grant includes a $2,557,800 allocation for the City of Bell of Gardens for the construction of approximately 6,000 linear feet of pipeline to extend the recycled water service and provide water for irrigation of parks serving disadvantaged communities; and
WHEREAS, the City of Bell Gardens must enter into a Proposition 1 Grant Subrecipient Agreement with the GWMA as the pass-through agency for the Proposition 1 grant funds and provide a $50,000 local cost-share.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

Exhibit 1 212

Resolution No. 2024-14
SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporate them herein by this reference.

SECTION 2. The City Council hereby approves the Proposition 1 Grant Subrecipient Agreement with the GWMA, in a form approved by the City Attorney.

SECTION 3. The City Council hereby authorizes the City Manager to execute the agreement along with all documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

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
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Exhibit 1 213

Resolution No. 2024-14
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
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Exhibit 1 214

SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF

BELL GARDENS AND THE LOS ANGELES GATEWAY

REGION INTEGRATED REGIONAL WATER

MANAGEMENT JOINT POWERS AUTHORITY
This Subrecipient Agreement("Agreement")is dated January 22, 2024 ("Effective Date") and is between the City of Bell Gardens, a California municipal corporation ("Subrecipient"), and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, a California Joint Powers Authority ("GWMA").

RECITALS
A. The Los Angeles County Flood Control District ("District") is the regional entity designated to apply for grant funds under the Water Quality, Supply, and Infrastructure Improvement Act of 2014, (hereinafter referred to as Proposition 1), which authorizes Five Hundred and Ten Million Dollars ($510,000,000) for projects included in an adopted Integrated Regional Water Management Plan ("IRWMP") pursuant to Water Code Section 79740, et seq., Regional Water Security, Climate, and Drought Preparedness.

B. The District has entered into a certain Proposition 1 Integrated Regional Water Management Implementation Grant Agreement dated December 5, 2023 ("IRWM Grant Agreement") with the California Department of Water Resources ("DWR"), attached hereto as Exhibit"A" and incorporated herein as though set forth in full, by which the District will receive a maximum of Twenty Million Three Hundred Thirty-Five Thousand Dollars ($20,335,000) for several projects included in the Greater Los Angeles County Region IRWMP.

C. As part of the IRWM Grant Agreement, GWMA is designated as the implementing agency for the Regional Recycled Water Expansion Project ("Project"), for which the IRWM Grant Agreement designates a total grant amount of Three Million Three Hundred Seventy-Two Thousand Six Hundred Dollars ($3,372,600).

D. Subrecipient will be allocated Two Million Five Hundred Fifty-Seven Thousand Eight Hundred Dollars ($2,557,800) ("Grant Funds") from the total grant amount for Subrecipient to construct and implement Subrecipient's share of the Project by constructing approximately 6,000 linear feet of pipeline within its jurisdiction to extend the recycled water service and provide water for irrigation of parts serving disadvantaged communities ("Sub-Project").

E. The District will administer the Grant Funds and submit documentation required under the IRWM Grant Agreement, on behalf of GWMA and Subrecipient, for which District will be reimbursed.

F. GWMA has entered into a certain Memorandum of Understanding with the District, attached hereto as Exhibit"B" and incorporated herein as though set forth in full, to clarify their Exhibit 2 215

respective responsibilities with respect to the Grant Funds and the IRWM Grant Agreement ("District MOU").

G. The purpose of this Agreement is to memorialize Subrecipient's responsibilities as a subrecipient of grant funds under the IRWM Grant Agreement and the District MOU.

H. Subrecipient understands and acknowledges that it is committing to install a specific amount of pipeline to extend the recycled water service and provide water for irrigation of parks serving disadvantaged communities by providing additional potable water offsets to the region and ensuring that these public open spaces can continue to support their communities.

The parties therefore agree as follows:

1. SUBRECIPIENT OBLIGATIONS

1.1 Implementation of Sub-Project. Subrecipient shall construct and maintain the Sub- Project in accordance with the Work Plan and Schedule set forth in Exhibit A of the IRWM Grant Agreement and the Budget attached hereto as Exhibit"C" and incorporated herein as though set forth in full, consistent with the Subrecipient's public project bidding procedures and requirements. Subrecipient shall act on GWMA's behalf for purposes of management, oversight, compliance, operations and maintenance of the Sub-Project in accordance with this Agreement, the District MOU, and the IRWM Grant Agreement. Subrecipient shall immediately notify GWMA of events or proposed changes that could affect the scope, budget or work performed under this Agreement. Subrecipient shall not undertake any substantial change in the scope of the Sub-Project until Subrecipient has provided written notice of the proposed change to GWMA and the District and DWR have given written approval of the change.

1.2 Commitment to Cost-Share. The total cost of the Sub-Project is estimated to be Two Million Six Hundred Seven Thousand Eight Hundred Dollars ($2,607,800). Subrecipient shall invest a minimum of Fifty Thousand Dollars ($50,000) of its own funds, which constitutes approximately 1.9 Percent of the total cost of the Sub-Project, to the Sub-Project, in accordance with the IRWM Grant Agreement. Subrecipient shall document and submit documentation reflecting the Subrecipient's internal costs and total Sub-Project costs to GWMA to demonstrate the Subrecipient's required cost share obligations under this Agreement prior to GWMA reimbursing the Subrecipient.

1.3 Professionals. Subrecipient shall only use licensed professional to perform services under this Agreement where such professional services are called for. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation or design, or other work requiring interpretation and proper application of engineering or geologic sciences, shall be prepared by or under the direction of persons registered to practice in California. All technical reports must contain a statement of the qualifications of the responsible registered professional(s). Completed technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work.

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Bell Gardens City CouncilMarch 11, 2024

Bell Gardens City Council
March 11, 2024