12664/0004/1767965-1
Exhibit 2 327
E. On November 17, 2014, the PARTIES approved a First Amendment to the MOU to: (1) add implementation of the Plans to the scope and purpose of the MOU; and (2) provide a separate cost -share formula for the implementation of the Plans, subject to annual budget approval, in accordance with each PARTY'S cost share allocation; and
F. The GWMA, on behalf of the Parties, has hired a consultant to implement the Plans for the benefit of the Parties; and G. The MOU is currently scheduled to expire on December 31, 2019.
H. The Parties wish to extend the MOU's term in order to maintain their existing beneficial relationship and cooperatively implement the Plans to comply with the MS4 Permit requirements with the support of GWMA's consultant, including the process of updating the WMP and CIMP through adaptive management.
The PARTIES agree that the following provisions of the MOU shall be amended as follows:
1. Section 6 of the MOU entitled "Term" is hereby amended to read as follows:
"Section 6. Term. This MOU shall remain and continue in effect until December 31, 2024, unless sooner terminated as provided herein."
2. Except for the changes specifically set forth herein, all other terms and conditions of the MOU and First Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this SECOND AMENDMENT to be executed on their behalf, respectively, as follows:
DATE: 4 lt� I20ZD LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORITY
Lisa Rapp
GWMA Chair
12664/0004/1767965-1
Exhibit 2 328
IN WITNESS WHEREOF, the Parties hereto have caused this SECOND AMENDMENT to be executed an their behalf, respectively, as follows:
DATE:
ATTEST:
"X . ........
City Clerk
12664/0004/1767965-1
CITY OF BELL
Mr. Paul Phillips
Interim City Manager
6330 Pine Avenue
Bell, CA 90201
I' J-
Pa\ktPhillips, Interim City fnager
APPROVED AS TO FORM:
City Attorno'
Exhibit 2 329
IN WITNESS WHEREOF, the Parties hereto have caused this SECOND AMENDMENT to be executed on their behalf, respectively, as follows:
r
DATE: r
ATTEST:
CITY OF BELL GARDENS
Mr. Michael B. O'Kelly
City Manager
7100 Garfield Avenue
Bell Gardens, CA 90201
✓'2'
Michael B. O'Kelly, C Manager
APPROVED AS TO FORM:
byl �ellcl op
C t C1 A
12664/0004/1767965-1
City Attorney
Exhibit 2 330
IN WITNESS WHEREOF, the Parties hereto have caused this SECOND AMENDMENT to be executed on their behalf, respectively, as follows:
DATE:
ATTEST:
n t�pA
h M1r. •'J"1 P�.+;p� f 4 �.� ,� �s"m r. '"°�� ti8 �' ,naN..�d City Clerk._._..
12664/0004/1767965-1
CITY OF COMMERCE
Mr. Edgar Cisneros
City Manager
2535 Commerce Way
Commerce, CA 90040
A�
_._ _.m-m---....w..
Edgar sneros, City Manager
APPROVED AS TO FORM:
we 4110 nu wonnn inn �
City Attorney
Exhibit 2 331
IN WITNESS WHEREOF, the Parties hereto have caused this SECOND AMENDMENT to be executed on their behalf, respectively, as follows:
DATE
ATTEST:
City Clerk
12664/0004/1767965-1
CITY OF CUDAHY
Mr. Jose E. Pulido
City Manager
5220 Santa Ana Street
Cudahy,CA 90201
Jose E. P lido, City Manager
APPROVED AS TO FORM:
City Attorney' ''o ,
Exhibit 2 332
k'
IN WITNESS WHEREOF, the Parties hereto have caused this SECOND AMENDMENT to be executed on their behalf, respectively, as follows:
DATE ...����
ATTEST:
City Clerk
12664/0004/1767965-1
CITY OF HUNTINGTON PARK
Mr. Ricardo Reyes
City Manager
6550 Miles Avenue
Huntington Pak, CA 90255
Ricardo Reye, City Manager
APPROVED AS TO FORM:
r-f ; " , ov1 . 44o
City Attorney
Exhibit 2 333
IN WITNESS WHEREOF, the Parties hereto have caused this SECOND AMENDMENT to be executed on their behalf, respectively, as follows:
DATE:
ATTEST:
9 CITY OF MAYWOOD
Ms. Jennifer E. Vasquez
City Manager
4319 East Slauson Avenue
Maywood, CA 90270
E. Vas ue7, ii Manager
Jer: ifµ q g
APPROVED AS TO FORM:
µ ..
"' w City Clef
City Attorney
12664/0004/1767965-1
Exhibit 2 334
IN WITNESS WHEREOF, the Parties hereto have caused this SECOND AMENDMENT to be executed on,their behalf, respectively, as follows:
DATE: ," 101.....:�....... CITY OF VERNON
Mr. Carlos R. Fandino
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
, w--
Caros R. Fandino, City ministrator
ATTEST APPROVED AS TO FORM:
Lisa Pope .�................... Brian .B�un.�......r m...�.................. -- City Clerk ftyxMimaq
Senior Deputy City Attorney
12664/0004/1767965-1
Exhibit 2 335
IN WITNESS WHEREOF, the Parties hereto have caused this SECOND AMENDMENT to be executed on their behalf, respectively, as follows:
DATE: LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT
Ms. Mark Pestrella
Chief Engineer
900 S. Fremont Avenue
Alhambra,,CA 91 B4O , :sr
ark Pestrella, Director
APPROVED AS TO FORM:
County Counsel
12664/0004/1767965-1
Exhibit 2
336
11/17/14
FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY AND
THE CITIES OF BELL, BELL GARDENS, COMMERCE, CUDAHY, HUNTINGTON PARK,
MAYWOOD, VERNON, AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR
ADMINISTRATION AND COST SHARING TO PREPARE AND IMPLEMENT A WATERSHED MANAGEMENT PROGRAM ("IVMP") and COORDINATED INTEGRATED MONITORING PROGRAM ("CIMP") AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL BOARD,
LOS ANGELES REGION, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT ORDER NO. R4-2012-0175 MUNICIPAL SEPARATE STORM SEWER SYSTEM ("MS4 PERMIT")
This FIRST AMENDMENT to the memorandum of understanding ("MOU") is made and entered into as of the date of the last signature set forth below, by and between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority ("GWMA" ), a California Joint Powers Authority, and the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon ("Cities"), and the Los Angeles Flood Control District ("LACFCD"):
1. Recitals. This FIRST AMENDMENT is made with the respect to the following facts and purposes:
A. For the purposes of this First Amendment, the term "Watershed Permittees" shall mean the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon, and the Los Angeles County Flood Control District; and B. The Watershed Permittees and GWMA are collectively referred to as the "PARTIES"; and
C. On August 19, 2013, the PARTIES entered into a Memorandum of Understanding between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority and the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon, and the Los Angeles County Flood Control District for Administration and Cost Sharing to Prepare a Watershed Management Program ("WMP") and Coordinated Integrated Monitoring Program ("CIMP", collectively the "Plans" as required by the Regional Water Quality Control Board, Los Angeles Region, National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit, Order No. 114-2012-0175 Municipal Separate Storm Sewer System ("MOU"); and D. The Watershed Permittees prepared and submitted the Plans to the Regional Board in compliance with certain elements of the MS4 Permit; and E. The PARTIES now desire to amend the MOU to: (1) add implementation of the Plans to the scope and purpose of the ; and (2) provide a separate cost -share 11 12664/0004/1767965-1
Exhibit 2
337
11/17/14
formula for the implementation of the Plans, subject to annual budget approval, in accordance with each PARTY'S cost share allocations set forth in Exhibit "At" ("Cost Share Formula for Preparation of the Plans") and Exhibit "A2" ("Cost Share Formula for Implementation of the Plans") which is attached hereto and made a part hereof; and F. The Parties have determined that authorizing GWMA to hire a consultant to implement the Plans will be beneficial to the Parties; and G. The Parties desire to collaboratively prepare a final Scope of Work and Request for Proposals to obtain a consultant to assist the Parties with implementation required by the Plans.
The PARTIES agree that the following provisions of the MOU shall be amended as follows:
2. Section 1 of the MOU entitled "Recitals" is hereby amended by adding thereto Recitals A-G of Section 1 of this First Amendment, which is set forth in Section 1 of this First Amendment and incorporated herein as though set forth in full.
3. Section 2 of the MOU entitled "Purpose" is hereby amended to read as follows:
"Section 2. Purpose. The purpose of this MOU is to cooperatively support and undertake preparation of the Plans and any additional services, including but not limited to implementation of the WMP and the CIMP, except for design and construction of regional BMP projects as agreed to by the Watershed Permittees working cooperatively as the Los Angeles River Upper Reach 2 ("LAR UR 2") Sub Watershed Committee and as approved by the GWMA. For the purposes of this MOU, the term "regional BMP projects" does not include individual cities' low impact development ("LID") projects, including LID streets or Green Streets projects."
4. Section 3 of the MOU entitled "Cooperation" is hereby amended to read as follows:
"Section 3. Cooperation. The Parties shall fully cooperate with one another to achieve the purposes of this MOU. The Watershed Permittees shall prepare a final Scope of Work and Request for Proposals to seek and hire a consultant to assist the Parties with implementation of the Plans, and GWMA shall assist with soliciting proposals from consultants to implement the Plans and shall administer said consultants' contracts."
5. Section 6 of the MOU entitled "Term" is hereby amended to read as follows:
"Section 6. Term. This MOU shall remain and continue in effect until December 31, 2019, unless sooner terminated as provided herein." 2 12664/0004/1767965-1
Exhibit 2 338
11/17/14
6. Section 8 of the MOU entitled 'Role of the GWMA" is hereby amended in its entirety to read as follows:
"Section 8. Responsibilities of the Parties.
a) Responsibilities of the GWMA. The GWMA agrees to: (i) solicit proposals for preparation and implementation of the Plans; (ii) administer the selected consultants' ("Consultants") contracts in accordance with the Scopes of Work prepared by the Watershed Permittees; and (iii) serve as a conduit for paying the Consultants, as approved and funded by the Watershed Permittees. b) Responsibilities of the LAR UR 2 Sub Watershed Committee. The LAR UR 2 Sub Watershed Committee agrees to:
i. LACFCD Facilities/Mass Emissions Stations. Obtain any necessary permits from LACFCD for access to and construction within LACFCD storm drains, channels, catch basins, and similar properties ("Facilities"), provided the LAR UR 2 Sub Watershed Committee and its Consultants provide written notice 72 hours in advance of entry to LACFCD's Facilities. ii. Supervise Consultants. Supervise the Consultants' preparation and implementation of the Plans.
iii. Reports. Submit reports to the Regional Board as described in the Plans and distribute copies of the reports to the Watershed Permittees prior to submittal to the Regional Board for review and comment. The LAR UR 2 Sub Watershed Committee will provide the Watershed Permittees with an electronic copy of the draft CIMP Annual Report and completed CIMP Annual Report within seven (7) business days after receipt from the Consultants. In addition, the LAR UR 2 Sub Watershed Committee will submit to the Watershed Permittees the data used to prepare the reports. This data will be transmitted electronically in a Microsoft Excel format that contains the table structure and syntax agreed upon by the LAR UR 2 Sub Watershed Committee.
c) Responsibilities of the Los Angeles County Flood Control District ("LACFCD").
LACFCD agrees to:
i. LACFCD Mass Emissions Station (MES) Monitoring. Provide available monitoring data from the existing Los Angeles River MES, owned and operated by the LACFCD. Data shall be limited to water column chemistry and aquatic toxicity.
ii. Access to LACFCD Facilities/Mass Emissions Stations. To grant access to the LAR UR 2 Sub Watershed Committee and its Consultants to LACFCD Facilities, including LACFCD's Los Angeles River MES, to achieve the 3 12664/0004/1767965-1
Exhibit 2 339
11/17/14
purposes of this MOU, provided the LAR UR 2 Sub Watershed Committee and its CONSULTANT obtain a permit and provide written notice 72 hours in advance of entry to LACFCD's Facilities. Access permits will be issued by the LACFCD at no cost to the Parties and their Consultants. Permits for construction or installation of structures in LACFCD right of way will incur fees to cover the cost of review, inspection, etc. by LACFCD. d) Responsibilities of the Watershed Permittees. The Watershed Permittees agree to:
i. Documentation. To make a full -faith effort to cooperate with one another to achieve the purposes of this MOU by providing all requested information and documentation in their possession and available for release to the Consultants that is deemed necessary by the Parties to implement the Plans.
ii. Access. Each Watershed Permitee will allow reasonable access and entry to the Parties and their Consultants, on an as needed basis during the term of this MOU, to each Watershed Permittee's Facilities to achieve the purposes of this MOU, provided, however, that prior to entering any of the Watershed Permittee's Facilities, the Consultants shall obtain a permit and provide written notice 72 hours in advance of entry from the applicable Watershed Permittee.
iii. Permit. The Watershed Permittees will make a full -faith effort to work with the Consultants to obtain all necessary permits for installation of permanent infrastructure or modifications to stormwater monitoring sites within each Watershed Permittee's jurisdiction.
7. Section 9 of the MOU entitled "Financial Terms" is hereby amended to read as follows:
"Section 9. Financial Terms.
a) Each Watershed Permittee shall pay its Proportional Costs as provided i Exhibit"Al" ("Cost Share Formula for Preparation of the Plans") and Exhibit "A2" ("Cost Share Formula for Implementation of the Plans") for Consultants and any other related expenses to which the Parties may agree in writing. b) Each Watershed Permittee shall also pay its proportional share of GWMA's staff time for retaining Consultants and invoicing the Watershed Permittees, audit expenses and other overhead costs, including legal fees ("MOU Costs") incurred by GWMA in the performance of its duties under this MOU. GWMA shall add a percentage not to exceed three percent (3%) to each invoice submitted to each Watershed Permittee to cover each Watershed Permittee's n
12664/0004/1767965-1
Exhibit 2
340
11/17/14
share of the MOU Costs. The MOU Costs percentage shall be set each fiscal year by a vote of the GWMA Policy Board.
c) GWMA shall submit an invoice to each Watershed Permittee upon selection of Consultants reflecting each Watershed Permittee's estimated Proportional Costs of the Consultants' services through the following June 30 or December 31, whichever date is earlier. Prior to releasing payment to Consultants, GWMA shall submit a copy of the Consultants' invoices to the LAR UR 2 Sub Watershed Committee for approval. The decision on whether to pay the invoice shall be communicated to the GWMA by the Representative. d) Upon receiving the first and each subsequent invoice, each Watershed Permittee shall pay its Proportional Costs set forth in that invoice to the GWMA within forty-five days (45) days of receipt.
e) By May 15th of each year, commencing May 15, 2013, the LAR UR 2 Sub Watershed Committee shall submit to GWMA a recommended budget for the following year. GWMA shall consider the recommendation and adopt a budget by June 30th inclusive of the LAR UR 2 Sub Watershed Committee's recommendation. GWMA will send each Watershed Permittee no later than December 1 and May 1 of each year an invoice representing the Watershed Permittee's Proportional Costs of the adopted budget GWMA shall not expend funds in excess of the budgeted amount without prior notification to and approval by the LAR UR 2 Sub Watershed Committee.
f) A Watershed Permittee will be delinquent if the requested payment is within the budgeted amounts or the amounts authorized by the LAR UR 2 Sub Watershed Committee and such payment is not received by the GWMA within forty-five (45) days after first being invoiced by the GWMA. The GWMA will follow the procedure listed below, or such other procedure that the LAR UR 2 Sub Watershed Committee directs to effectuate payment: 1) verbally contact the official of the Watershed Permittee with copies to each other Watershed Permittee to the person and at the address to which notices should be addressed pursuant to Section 13 of the MOU, and 2) submit a formal letter from the GWMA Executive Officer to the Watershed Permittee.
If payment is not received within sixty (60) days following the due date, the GWMA may terminate the MOU unless the City Managers/Administrators of the Watershed Permittees in good standing inform the GWMA in writing that their respective Watershed Permittees agree to adjust their Proportional Cost allocations in accordance with the Cost Share Formulas in Exhibit "Al" ("Cost Share Formula for Preparation of the Plans") and Exhibit "A2" ("Cost Share Formula for Implementation of the Plans"). The terminated Watershed Permittee shall remain obligated to GWMA for its delinquent payments and any other obligations incurred prior to the date of termination. 0 12664/0004/1767965-1
Exhibit 2 341
11/17/14
g) GWMA shall suspend all work being performed by any Consultants retained by GWMA if any Watershed Permittee has not paid its invoice within forty five (45) of receipt unless the City Managers/ Administrators of the other Watershed Permittees inform the GWMA in writing that their respective Watershed Permittees will pay the delinquent Watershed Permittee's costs once the MOU with the delinquent Watershed Permittee has been terminated.
Any delinquent payments by a Watershed Permittee shall accrue compound interest at the then -current rate of interest in the Local Agency Investment Fund, calculated from the first date of delinquency until the payment is made. i] Funds remaining in the possession of the GWMA at the end of the term of this MOU, or at the termination of this MOU, whichever occurs earlier, shall be promptly returned to the then remaining Watershed Permittees in accordance with the Cost Share Formulas in in Exhibit "Al" ("Cost Share Formula for Preparation of the Plans") and Exhibit "A2" ("Cost Share Formula for Implementation of the Plans").
8. Paragraph a) of Section 13 of the MOU entitled "Withdrawal/Termination" is hereby amended to read as follows:
"a) A Watershed Permittee may withdraw from this MOU for any reason, or no reason, by giving the other Watershed Permittees thirty (30) days written notice thereof.
The effective withdrawal date shall be the thirtieth (30th) day after GWMA receives the withdrawing Watershed Permittee's notice to withdraw from the MOU. The withdrawing Watershed Permittee shall be responsible for its Proportional Costs and proportional MOU Costs, which the GWMA incurred or to which it became bound through the effective date of withdrawal. Such MOU Costs shall include the remaining fees of any Consultant retained by the GWMA through the effective date of withdrawal. Should any Watershed Permittee withdraw from the MOU, the remaining Watershed Permittees' Proportional Cost allocation shall be adjusted in accordance with the Cost Share Formulas in Exhibit "Al" ("Cost Share Formula for Preparation of the Plans") and Exhibit "A2" ("Cost Share Formula for Implementation of the Plans").. A withdrawing Watershed Permittee shall remain liable for any loss, debt, liability otherwise incurred while participating in this MOU. If, after paying any such loss, debt, liability, its Proportional Costs and its proportional MOU Costs incurred through the effective date of withdrawal, a withdrawing Watershed Permittee has any unspent deposit remaining in the possession of the GWMA, GWMA shall promptly return such unspent deposit to the withdrawing Watershed Permittee."
9. Exhibit "Al" ("Cost Share Formula for Preparation of the Plans") to the MOU is hereby amended to read as set forth in Exhibit "Al" to this First Amendment, which is attached hereto and incorporated herein as though set forth in full.
N.
12664/0004/1767965-1
Exhibit 2 342
10. Exhibit "A2" ("Cost Share Formula for Imp] ementatio n/M onitoring of the Plans") is hereby added to the M OU to read as set forth in Exhibit "A2" to this First Amendment, which is attached hereto and incorporated herein as though set forth in full.
11. . The MOU is hereby amended by adding hereto Exhibit "C"of this First Amendment, which is attached hereto and incorporated herein as though set forth in full.
12. Except for the changes specifically set forth herein, all other terms and conditions the MOU shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDME-AT to be executed on their behalf, respectively, as follows:
DATE. Wji�l�I- LOS ANGELES GATEWAY REGION INTEGRATED
REGIONAL WATER MANAGEMENT JOINT
POWERS AUTHORITY
Lf NWINTMMINFIM
7 12664/0004/1767965-1
Exhibit 2 343
UNIE m,
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City Clerk
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City Manager
6330 Pine Avenue
Bell, CA 90201
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Exhibit 2 344
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DATE: �' �1 1
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APPROVED AS TO FORM:
Ainqld M. Alvarez-Glasman
(City"Attorney
Uff 11-76-ET—IMN-Um
Mr. Philip Wagner
City Manager
7100 Garfield Avenue
Tell Gardevs. CA 90201
P - hilk' Wag4, City �nager
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A.
glVimande
Evanina
Acting City Clerk
4 Exhibit 2 345
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no ffArunpoa
CITY OF COMMERCE
Mr. Jorge Rifa
City Administrator
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APPROVED AS TO FORM:
M
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City Clerk
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12664/0004/17679654
Exhibit 2 36
ATTACHNE]INT A
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10 DATE: CITY OF CUDAHY
Mr. Jose E. Pulido
City Manager
5220 Santa Ana Street
Cudahy, CA 90201
-��itv -L,
Jose E. Pu do, 0City Manager
.................. ... .. 1 11 , "',
dll�City der k City Attorney
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12664/0004/1767%5-1
Exhibit 2 347
IRA
DATE: 4.Z �'- �/'
&—nna Schwartz, CC
Interim City Clerk
Mr. Julio Morales
Interim City Manager
6 5 5 0 Miles Avenue
Huntington Park, CA 902155
Julio Morales, Interim City Manager
U 9 9 M, TU MI.' 161 2 OR C, 1$], 9, S,
12 EEL=
12664/0004/1767965-1
Exhibit 2 348
am=
DATE: CITY OF MAYWOOD
Ms. Lilian Myers
City Manager
4319 East Slauson Avenue
Maywood, CA 90270
ers. Cilty Manager
ATTEST: APPROVED AS TO FORKE
City Clerk PrV City Attorney
04-P
MI
12664/0004/1767965-1
Exhibit 2 349
Ana Barcia
Deputy City Clerk
12664/0004/1767965-1
WISTA!"W1 W0
be executed on their behalf, respectively, as follows:
CITY OF VERNON
Mr. Mark Whitworth
City Administrator
Vernon,CA 90058
Whitworth, City Administrator
ATTEST: APPROVED AS TO FORM:
. ..........
Hema Patel
City Attorney
W11
Exhibit 2 350
Exhibit 2 351
11/17/14
EXHIBIT "Al"
Cost Share Formula for Preparation of the Plans
The Watershed Permittees and the LACFCD agree to pay for the cost of preparation of a WMP and CIMP. The LACFCD will pay ten percent (10%) of the cost of the WMP and CIMP. Each Watershed Permittee shall pay an equal one seventh (1/7th) share of forty-five percent (45%) of the cost of the WMP and CIMP and each Watershed Permittee shall pay its pro -rats share of forty-five percent (45%) of the cost of the WMP and CIMP at the cost sharing allocation percentage provided in Table 1.
TABLE 1
COST SHARING ALLOCATION
FOR FORTY-FIVE PERCENT OF WMP COST
Watershed
Permittee
Land Area
mil
Cost Allocation
Percentage
Bell
2.64 11.90
Bell Gardens
2.49 11.22
Commerce
6.57 29.61
Cudahy
1.12 5.05
Huntington Park
3.03 13.65
Maywood
1.18 5.32
Vernon
5.16 23.25
12664/0004/1767965-1
Exhibit 2 352
11/1.7/14
EXHIBIT "A2"
Cost Share Formula for Implementation of the Plans for Monitoring TABLE 1
COST SHARING ALLOCATION
FOR 47.5% OF MONITORING COST
Watershed Permittee
Land Area (mi)
Cost Allocation Percentage
Bell
2.64 11.90
Bell Gardens
2.49 11.22
Commerce
6.57 29.61
Cudah
1.12 5.05
Huntington Park
3.03 13.65
Maywood
1.18 5.32
Vernon
5.16 23.25
The Watershed Permittees and the LACFCD agree to pay for the cost of implementation of a WMP and CIMP. The LACFCD will pay five percent (5%) of the cost of monitoring. Each Watershed Permittee shall pay an equal one seventh (1/7 h) share of forty-seven and one half percent (47.5%) of the cost of monitoring and each Watershed Pen- ittee shall pay its pro-rata share of forty-seven and one half percent (47.5%) of the cost monitoring at the cost sharing allocation percentage provided in Table 1.
TABLE 2
COST SHARING ALLOCATION
FOR 45% OF WMP COST
Watershed Permittee
Land Area (mi)
Cost Allocation Percentage
Bell
2.64 11.90
Bell Gardens
2.49 11.22
Commerce
6.57 29.61
Cudahy
1.12 5.05
Huntington Park
3.03 13.65
Maywood
1.18 5.32
Vernon
5.16 23.25
The Watershed Permittees and the LACFCD agree to pay for the cost of implementation of a WMP and CIMP. The LACFCD will pay ten percent (10%) of the cost of special/feasibility studies. Each Watershed Permittee shall pay an equal one seventh (inn) share of forty-five percent (45%) of the cost of the studies and each Watershed Permittee shall pay its pro -rats share of forty-five percent (45%) of the cost of the studies at the cost sharing allocation percentage provided in Table 2.
12664/0004/1767965-1
Exhibit 2 353
11/17/14
EXHIBIT "C"
The LACFCD agrees to pay its proportional share of costs of preparing and implementing the Plans and other related costs to be incurred by the GWMA in accordance with the Cost Share Formulas in Exhibit "Al" Most Share Formula for Preparation of the Plans") and Exhibit "AT' ("Cost Share Formula for Implementation of the Plans % for an annual not -to -exceed amount of $100,000.
All the remaining non-LACFCD parties agree to pay their proportional share of costs of implementing the Plans and other related costs to be incurred by the GWMA in accordance with the Cost Share Formulas in Exhibit "AT' ("Cost Share Formula for Implementation of the Plans"), for an annual not -to -exceed amount of $100,000 per year per non-LACFCD party..
12664/0004/1767965-1
Exhibit 2 354
MEMORANDUM OF UNDERSTANDING
BETWEEN THE LDS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
AND
THE CITIES OF BELL, BELL GARDENS, COMMERCE, CUDAHY, HUNTINGTON PARK,.
MAYWOOD, VERNON, AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
FOR ADMINISTRATION AND COST SHARING TO PREPARE A WATERSHED MANAGEMENT PROGRAM ("WMP") and COORDINATED INTEGRATED
MONITORING PROGRAM ("CIMP") AS REQUIRED BY THE REGIONAL WATER
QUALITY CONTROL BOARD, LOS ANGELES REGION, NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT ORDER NO. R4-2012-0175 MUNICIPAL SEPARATE STORM SEWER SYSTEM ("MS4 PERMIT")
This memorandum of understanding ("MOU") is made and entered into as of the date of the last signature set forth below, by and between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority ("GWMA"), a California Joint Powers Authority, and the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Parr, Maywood, Vernon ("Cities"), and the Los Angeles County Flood Control District ("District"):
RECITALS
WHEREAS, the mission of the GWMA includes the equitable protection and management of water resources within its area; and
WHEREAS, the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Parr, Maywood, and Vernon manage and drain stormwater into at least a portion of the Los Angeles River Upper Reach 2 Sub Watershed ("LAR UR 2 Sub Watershed"); and.
WHEREAS, the Los Angeles County Flood Control District owns and operates more than ninety percent (90%) of the storm drains in the Reach 2 Sub Watershed; WHEREAS, for the purposes of this MOU, the term "Watershed Permittees" shall mean the cities of Bell, Bell Gardens, Cudahy, Commerce, Huntington Park, Maywood, Vernon, and the Los Angeles County Flood Control District; and WHEREAS, the Watershed Permittees and the GWMA are collectively referred to as the "Parties"; and
WHEREAS, the MS4 Permit became effective on December 28, 2012 and allows Permittees to prepare, adopt, and implement a Watershed Management 1 12664/0001/1556575-9 final 92 for LAR vR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 355
Program ("WMP"), and a Coordinated Integrated Monitoring Program ("CIMP"), collectively "the Plans," in compliance with certain elements of the MS4 Permit; and WHEREAS, the Watershed Permittees have elected to prepare and adopt, the Plans in compliance with certain elements of the MS4 Permit; and WHEREAS, preparation of the Plans requires administrative coordination for the Watershed Permittees that the GWMA can provide; and WHEREAS, the Watershed Permittees created the LAR UR 2 Sub Watershed Committee, consisting of at least one representative from each of the Watershed Permittees, to assist the GWMA in coordinating the preparation and submission of the Plans to be presented to the California Regional Water Quality Control Board, Los Angeles Region, on behalf of the Watershed Permittees; and WHEREAS, the Parties desire to collaboratively prepare a final Scope of Work and Request for Proposals to obtain a Consultant to assist the Parties with preparation and adoption of the Plans; and
WHEREAS, the Parties have determined that authorizing GWMA to hire a consultant to prepare and deliver the Plans will be beneficial to the Parties; and WHEREAS, the Parties have determined that the costs of preparing the Plans and other related costs to be incurred by the GWMA should be paid by the Watershed Permittees based on the proportional costs ("Proportional Costs") reflected in Exhibit A.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do hereby agree as follows!! Section 1. Recitals,, The recitals set forth above are fully incorporated as part of this MOU.
Section 2. Purpose. The purpose of this MOU is to cooperatively support and undertake preparation of the Plans and any additional services agreed to by the Watershed Permittees working through the LAR UR 2 Sub Watershed Committee and as approved by the GWMA. This MOU does not include services related to the implementation of the Plans and required monitoring, and the Parties will enter into an amendment to the MOU if they desire to collectively provide such services.
Section 3. Cooperation. The Parties shall fully cooperate with one another to achieve the purposes of this MOU.
Section 4. Voluntary Nature. The Parties voluntarily enter into this MOU. 126,64/0001/1.556575-9 Final 42 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 356
Section S. Binding Effect. This MOU shall became binding on GWMA and the Watershed Permittees that execute this MOU.
Section 6. Term. This MOU shall remain and continue in effect until July 1, 2023, unless sooner terminated as provided herein.
Section 7.. LAR UR 2 Sub Watershed Committee R. resentative. The LAR UR 2 Sub Watershed Committee shall appoint a representative ("Representative") who can speak for the Watershed Permittees on decisions to be made by the LAR UR 2 Sub Watershed.
Section 8. Role of the GWMA, The GWMA will contract with and serve as a conduit for paying the Consultants as approved by the Watershed Permittees. The consultant or consultants ("Consultant") shall prepare the Plans and any other plans and/or projects that the Watershed Permittees determine are necessary and the costs of which the Watershed Permittees agree through the Representative to pay, Section 9. Financial Terms,
a) Each. Watershed Permittee shall pay its Proportional. Costs as provided in Exhibit A for Consultant and any other related expenses to which the Parties may agree in writing.
b) Each Watershed Permittee shall also pay its proportional share of GWMA's staff time for retaining a Consultant and invoicing the Watershed Permittees, audit expenses and other overhead costs, including legal fees ("MOU Costs") incurred by GWMA in the performance of its duties under this MOU. GWMA shall add a percentage not to exceed three percent (3%) to each invoice submitted to each Watershed Permittee to cover each Watershed Permittee's share of the MOU Costs. The MOU Costs percentage shall be set each fiscal year by a vote of the Policy Board.
c) GWMA shall submit an invoice to each Watershed Permittee upon selection of a Consultant reflecting each Watershed Permittee's estimated Proportional Costs of the Consultant's services through the following June 30 or December 31, whichever date is earlier. Prior to releasing payment to Consultant, GWMA shall submit a copy of the Consultant's invoice to the LAR UR 2 Sub Watershed Committee for approval. The decision on whether to pay the invoice shall be communicated to the GWMA by the Representative.
d) Upon receiving the first and each subsequent invoice, each Watershed Permittee shall pay its Proportional Costs to the GWMA within forty- five days (45) days of receipt.
12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 357
e) Each year, commencing June 15, 2013, the LAR UR 2 Sub Watershed Committee shall recommend to GWMA a budget for the following year. GWMA shall consider the recommendation and adopt a budget by June 30th inclusive of the LAR UR 2 Sub Watershed Committee's recommendation, GWMA will send each Watershed Permittee no later than December I and May 1 of each year an invoice representing the Watershed Permittee's Proportional Costs of the adopted budget.
GWMA shall not expend funds in excess of the budgeted amount without prior notification to and approval by the LAR UR 2 Sub Watershed Committee.
A Watershed Permittee will be delinquent if the requested payment is within the budgeted amounts or the amounts authorized by the LAR UR 2 Sub Watershed Committee and such payment is not received by the GWMA within forty-five (45) days after first being invoiced by the GWMA. The GWMA will follow the procedure listed below, or such other procedure that the LAR UR 2 Sub Watershed Committee directs to effectuate payment: 1) verbally contact the official of the Watershed Permittee with copies to each other Watershed Permittee to the person and at the address to which notices should be addressed pursuant to Section 13 of the MOU, and 2) submit a formal letter from the GWMA Executive Officer to the Watershed Permittee, If payment is not received within sixty (60) days following the due date, the GWMA may terminate the MOU unless the City Managers/
Administrators of the Watershed Permittees in good standing inform the GWMA in writing that their respective Watershed Permittees agree to adjust their Proportional Cost allocations in accordance with the Cost Share Formula in Exhibit A. The terminated Watershed Permittee shall remain obligated to GWMA for its delinquent payments and any other obligations incurred prior to the date of termination.
g) GWMA shall suspend all work being performed by any Consultant retained by GWMA if any Watershed Permittee has not paid its invoice within forty five (45) of receipt unless the City Managers/ Administrators of the other Watershed Permittees inform the GWMA in writing that their respective Watershed Permittees will pay the delinquent Watershed Permittee's costs once the MOU with the delinquent Watershed Permittee has been terminated.
h) Any delinquent payments by a Watershed Permittee shall accrue compound interest at the then -current rate of interest in the Local Agency Investment Fund, calculated from the first date of delinquency until the payment is made.
4 12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 358
i) Funds remaining in the possession of the GWMA at the end of the term of this MOO, or at the termination of this Agreement, whichever occurs earlier, shall be promptly returned to the then remaining Watershed Permittees in accordance with the Cost Share Formula in Exhibit A.
Section 10, Notice of Intent Letter. Pursuant to Section V.C.4.b (page 55) of the MS4 Permit, the Watershed Permittees agree to jointly draft, execute and submit to the Regional Board by June 28, 2013, a "Notice of Intent" letter that complies with all applicable MS4 Permit provisions.
Section 11. Independent Contractor,
a) The GWMA is, and shall at all times remain, a wholly independent contractor for performance of the obligations described in this MOU.
The GWMA's officers, officials, employees and agents shall at all times during the Term of this MOO be under the exclusive control of the GWMA, The Watershed Permittees cannot control the conduct of the GWMA or any of its officers, officials, employees or agents, The GWMA and its officers, officials, employees, and agents shall not be deemed to be employees of the Watershed Permittees.
b) The GWMA is solely responsible for the payment of salaries, wages, other compensation, employment taxes, workers' compensation, or similar taxes for its employees and consultants performing services hereunder.
Section 12. Indemnification and Insurance.
a) The GWMA shall include in the agreements with the Consultants an indemnification clause requiring the Consultants to defend, indemnify and hold harmless each of the Watershed Permittees and the GWMA, and their officers, employees, and agents, from and against any and all liabilities, actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney's fees, for injury to or death of person(s), for damage to property (including property owned by the GWMA or any Watershed Permittee) resulting from negligent or intentional acts, errors and omissions committed by Consultants, and their officers, employees, and other representatives and agents, arising out of or related to Consultants' performance under this MOO. b) Each Watershed Permittee shall defend, indemnify and hold harmless the GWMA and each other Watershed Permittee and their officers, employees, and other representatives and agents from and against any and all liabilities, actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney's fees, 5 12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 359
for injury to or death of person(s), for damage to property (including property owned by the GWMA and any Watershed Permittee) for negligent or intentional acts, errors and omissions committed by that Watershed Permittee, its officers, employees, and agents, arising out of or related to that Watershed Permittee's performance under this MOU, except for such loss as may be caused by GWMA's or any other Watershed Permittee's gross negligence or intentional acts or the gross negligence or intentional acts of its officers, employees, or other representatives and agents other than the Consultants.
C) The GWMA shall defend, indemnify and hold harmless the Watershed Permittees, their officers, employees, and other representatives and agents of the Watershed Permittees, from and against any and all liabilities, actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys fees, for injury to or death of person(s)�, for damage to property (including property owned by the Watershed Permittees) and for negligent or intentional acts, errors and omissions committed by GWMA, its officers, employees, and agents, arising out of or related to GWMA's performance under this MOU.
d) Consultant's Insurance. The GWMA shall require the Consultants to obtain and maintain, throughout the term of their contracts with the GWMA, insurance as provided in Exhibit B.
e) GWMA makes no guarantee or warranty that the reports prepared by GWMA and its Consultant shall be approved by the relevant governmental authorities. GWMA shall have no liability to the Watershed Permittees or any of them for the negligent or intentional acts or omissions of GWMA's Consultants. The Watershed Permittees' sole recourse for any negligent or intentional act or omission of the GWMA's Consultant shall be against the Consultant and its insurance.
Section 13. Withdrawalm Termination,
a) A Watershed Permittee may withdraw from this MOU for any reason, or no reason, by giving the other Watershed Permittees thirty (30) days written notice thereof. The effective withdrawal date shall be the thirtieth (30th) day after GWMA receives the withdrawing Watershed Permittee's notice to withdraw from the MOU. The withdrawing Watershed Permittee shall be responsible for its Proportional Costs and proportional MOO Costs, which the GWMA incurred or to which it became bound through the effective date of withdrawal. Such MOU Costs shall include the remaining fees of any Consultant retained by the GWMA through the effective date of withdrawal. Should any Watershed Permittee withdraw from the 6 12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 360
MOU, the remaining Watershed Permittees' Proportional Cost allocation shall be adjusted in accordance with the Cost Share Formula in Exhibit A. A withdrawing Watershed Permittee shall remain liable for any loss, debt, liability otherwise incurred while participating in this MOU. If, after paying any such loss, debt, liability, its Proportional Costs and its proportional MOU Costs incurred through the effective date of withdrawal, a withdrawing Watershed Permittee has any unspent deposit remaining in the possession of the GWMA, GWMA shall promptly return such unspent deposit to the withdrawing Watershed Permittee.
b) The GWMA may, with a two-thirds (2/3) vote of the full Policy Board, terminate this MOU upon not less than thirty (30) days notice, effective on May 1 or December 1 of each year.
Section 14. Miscellaneous,
a] Notices. All Notices which any Party is required or desires to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the following address or, as such other addresses as the Parties may from time to time designate by written notice in the aforesaid manner:
To GWMA: Ms. Grace Kast
GWMA Executive Officer
c/o Gateway Cities Council of
Governments
16401 Paramount Boulevard
Paramount, CA 90723
To the Watershed: Mr. Doug Willmore
Permittees: City Manager
6330 Pine Avenue
Bell, CA 90201
Mr, Phillip Wagner
City Manager
7100 Garfield Avenue
Bell Gardens, CA 90201
Mr. Jorge Rifa
City Administrator
2535 Commerce Way
Commerce, CA 90040
7 12664/0001/1556575-9 Final #2 for EAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 361
Mr. Hector Rodriquez
City Manager
5220 Santa Ana Street
Cudahy, CA 90201
Mr. Rene Bobadilla, P.E.
City Manager
6550 Miles Avenue
Huntington Park, CA 90255
Ms. Lilian Myers
City Manager
4319 East Slauson Avenue
Maywood, CA 90270
Mr. Mark Whitworth
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
Los Angeles County Flood Control District
b) Separate Accounting and Auditing. The GWMA will establish a separate account to track revenues and expenses incurred by the GWMA on behalf of the Watershed Permittees. Any LAR UR 2 Watershed Permittee may, upon five (5) days written notice, inspect the books and records of the GWMA to verify the cost of the services provided and billed by GWMA. GWMA shall prepare and provide to the Watershed Permittees annual financial statements and audits, after review and approval by the LAR UR 2 Sub Watershed Committee.
C) Amendment, The terms and provisions of this MOU may not be amended, modified or waived, except by a written instrument signed by all Parties and approved by all Parties as substantially similar to this MOU,
d) Waiver.Waiver by either the GWMA or a Watershed Permittee of any term, condition, OF covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver, by the GWMA or a Watershed Permittee, to any breach of the provisions of this MOU shall not constitute a waiver of any other provision or a waiver of any subsequent breach of any provision of this MOU.
8 12664/0001/1556575-9 Final 42 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 362
e) Law to Govern: Venue. This MOU shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue shall lie exclusively in the County of Los Angeles.
No Presumption in Draft"n. The Parties to this MOU agree that the general rule that an MOU is to be interpreted against the Parties drafting it, or causing it to be prepared, shall not apply. g) Severability. If any term, provision, condition or covenant of this MOU is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MO[) shall not be affected thereby and this MOU shall be read and construed without the invalid, void, or unenforceable provisions (s). h) Entire Agreement. This MOU constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto.
il Counterparts. This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all Parties to this MOU.
Legal Representation. All Parties have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair language.
k) Agency Authorization. Each of the persons signing below on behalf of the Parties represents and warrants that he or she is authorized to sign this MOU on their respective behalf.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE:
LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORITY
Christopher S. Cash
GWMA Chair
9 1.2664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 363
IN WITNESS WHEREOF, the Parties hereto have caused this MOO to be executed on their behalf, respectively, as follows:
DATE: CITY OF BELL
Mr. Doug Willmore
City Manager
6330 Pine Avenue
Bell, CA 90201
Doug Wilmore, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk itjAtto/rn&/
10 12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 364
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: CITY OF BELL GARDENS
Mr. Philip Wagner
City Manager
7100 Garfield Avenue
Bell Gardens, CA 90201
ATTEST:
City Clerk
Phili WagAr, City NWager
APPROVED AS TO FORM:
City Attorney
W
Exhibit 2 365
IN WITNESS WHEREOF, the Parties hereto have caused this MOB] to be executed on their behalf, respectively, as follows:
DATE: 5/,jq�o/.3 CITY OF COMMERCE
Mr. Jorge Rifa
City Administrator
2535 Commerce Way
Commerce, CA 90040
Jorge Rifa, CV'Administrator
ATTEST: APPROVED AS TO FORM:
Linda Kay Olivieri,MMC Eduardo Olivo
City Clerk, City Attorney
12 Exhibit 2 366
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE:
ATTEST:
-P<yv
City Clerk
CITY OF CUDAHY
Mr, Hector Rodriguez
City Manager
5220 Santa Ana Street
Cudahy, CA/9102
ez, City Manager
ftfimvff�15 H
�!'tjAttorn'ey
go
Exhibit 2 367
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: June 12, 2013
- -------------------- -- -- -- --- ------------ ----
ATTEST:
Rocio Martinez
Acting City Clerk
CITY OF HUNTINGTON PARK
Mr. Rene Bobadilla, P.E.
City Manager
6550 Miles Avenue
Huntington Park, CA 902SS
Rene Bobadilla, City Manager
F.11 an 1111111A 4 off.Xv. Ili 111104 UIF I
'I -o c W 6, L �1` P, 0-%
City Attorney
14 12664/0001/1SS657S-9 Final #2 for LAR Ulf 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 368
IN WITNESS WHEREOF, the Pardes hereto have caused this MOU to lie executed on their behalf, respectively, as follows:
DATE: -13- L3 CITY OF MAYWOOD
Ms. Lilian Myers
City Manager
4319 East Slauson Avenue
Maywood, CA 90270
)qktv�vl
L"n YeA, city manager
ATTEST: APPROVED AS TO FORM:
7 b-ty Clerk City Attorney
is
12664/0001/1556575-9 Final #2 for LARUR 2 Sub Watershed Distribution Date for Execution May 23,2013 Exhibit 2 369
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: CITY OF VERNON
Mr. Mark Whitworth
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
Mark W itworth, City Administrator
ATTEST: APPROVED AS TO FORM:
UJ
4 Dana Reed Scott E. Porter
RR*XRKKk M41XMtbXX6yL
Interim City Clerk Deputy City Attorney
16 12664/0001/1556575-9 Final #2 for LAR DR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 370
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
ids
B y
Chief Engineer Date
APPROVED AS TO FORM:
John F, Krattli
County Counsel
By
Associate Date
17 12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 371
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
1'7'71
By
Chief Engineer Date
APPROVED AS TO FORM;
John F. Krattli
County Counsel
By
Associate Date
17 12664J0001/1556575-9 Final #2 foi-LARUR2 Sub Watershed Distribution Date for Execution May 23,2013 Exhibit 2 372
WINIFIRM11
The Watershed Permittees and the District agree to pay for the cost of preparation of a WMP and LIMP. The District will pay ten percent (10%) of the cost of the WMP and CIMP. Each Watershed Permittee, shall pay an equal one seventh (1/7t") share of forty-five percent (45%) of the cost of the WMP and LIMP and each Watershed Permittee shall pay its pro-rata share of forty-five percent (45%) of the cost of the WMP and LIMP at the cost sharing allocation percentage provided in Table t
Watershed
Permittee
Land Area
(min )
Cost Allocation
Percentage
Bell
2.64 11.90
Bell Gardens
2.49 11.22
Commerce
6.57 29.61
Cudahy
1.12 5.05
Huntington Park
3.03 13.65,
Maywood
1,18
5.32 Vernon
5,16
23.25
12664/0001/1556575-9 Final 42 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 373
This Professional Services Agreement ("Agreement") is dated and effective [MONTH] [DAY], [YEAR], and is between the Los Angeles Gateway Region Integrated Regional Water Management Authority also referred to as the Gateway Water Management Authority ("GWMA") and [CONSULTANT'S LEGAL NAME], a [CALIFORNIA
CORPORATION/CALIFORNIA LIMITED LIABILITY COMPANY/CALIFORNIA LIMITED PARTNERSHIP/SOLE PROPRIETORSHIP, ETC.] ("Consultant"),
RECITALS
A. GWMA has entered into a Memorandum of Understanding between the Los Angeles Gateway Region Integrated Reional Water Management Joint Powers Authority and the Cities of Bell, Bell Gardens, Cudahy, Commerce, Huntington Park, Maywood, Vernon and Los Angeles County Flood Control District for Administration and Cost Sharing to Prepare a Watershed Management Program ("WMP") and Coordinated hitegrated Management Program ("CIMP" as Required by the Regional Water Quality Control Board, Los Angeles Region, National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175 Municipal Separate Stoirn Sewer System ("MS4 Permit") ('-MOU").
B. The Cities of Bell, Bell Gardens, Cudahy, Commerce, Huntington Park, Maywood, Vernon and Los Angeles County Flood Control District (the "Watershed Permittees") manage and drain stormwater into at least a portion of the LAR Upper Reach 2 Sub Wastershed ("LAR UR 2 Sub Watershed").
C. The MS4 Permit allows Permittees to prepare, adopt and implement a WMP and LIMP (collectively, "Plans") in compliance with certain elements of the MS4 Permit.
D. The Watershed Permittees have elected to prepare and adopt the Plans in compliance with certain elements of the MS4 Permit.
E. Pursuant to the MOU, GWMA provides administrative coordination services to the Watershed Permittees in the preparation of the Plans and any additional services agreed to by the Watershed Permittees and approved by GWMA.
K The Watershed Permittees have created the LAR UR 2 Sub Watershed Committee, consisting of at least one representative from each of the Watershed Permittees, to assist GWMA in coordinating the prepartion of the Plans.
12664/0001/1556575-9 Final,42 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 374
G. The Watershed. Perinittees have authorized. CWMA to hire and serve as a conduit for paying consultants, approved by the Watershed Permittees, to prepare the Plans and any other plans and/or projects that the Watershed Perrnittees determine are necessary.
The parties agree as follows:
SCOPE OF SERVICES
1. Consultant shall provide the services (the "Services"") described in. Exhibit A.
2. Project
Project Description:
Name:
3. The terra of this Agreement shall commence on the effective date of this Agreement and expire on [M,ONTH] [DAY], [YEAR], unless earlier terminated in accordance with the terms of this Agreement or extended by the C MA Governing Board.
4. Consultant's Services shall be performed in. accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant's profession currently practicing under similar conditions. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement, all applicable federal, state and local laws and regulations and applicable elements of the MS4 Permit. Consultant shall maintain throughout the term of this Agreement all licenses, certifications, registrations or other similar requirements necessary for Consultant's performance of the Services under this Agreement.
12664/0001/1556575-9 Final 42 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 375
Lipari\� � 41►�M � � ��' i � i � f Cl!ll �]
5. Upon delivery, the work product, including, without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this Agreement (collectively "work product") are GWMA's property. All copyrights that arise from work product shall vest in GWMA. Consultant waives and relinquishes all claims to copyright or other intellectual property rights in the work product in favor of GWMA. GWMA's use of the work product is limited to the purposes contemplated by the Services and Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by this Agreement. Any alteration or reuse by GWMA of the work product on any project other than the Services provided pursuant to this Agreement shall be at GWMA's sole risk" unless GWMA compensates Consultant for such alteration or reuse.
6. GWMA shall pay Consultant, for the Services performed (please select one):
a. On a time and materials basis at the following rates and up to the not -to - exceed annount of
dollars
b. A flat amount of: dollars
Consultant shall perform the Services for the arnount(s) listed above. GWMA shall not withhold federal payroll, state payroll and other taxes, or other similar deductions from each payment made to Consultant. Consultant shall pay all applicable federal, state, and local excise, sales, consumer use, and other similar taxes required by law. GWMA shall not allow any claims for additional services performed by Consultant, unless the Project Manager or GWMA Chair authorizes the additional services in writing prior to Consultant's performance of the additional services or the incurrence of additional expenses. Any additional services authorized by the Project Manager or GWMA Chair shall be compensated at the hourly rates set forth above, or, if not specified, at a rate mutually agreed to by the parties.
12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 376
Consultant shall submit to GWMA a proposed annual budget for the Services to be performed during each calendar year of the term of this Agreement. The proposed annual budgets shall identify the proposed total annual budget amount and the proposed budget amounts for the periods of Janauary 1" through June 30`' and July I" through December 31". Consultant shall submit a proposed annual budget to GWMA on or before the 151i' of April for the Services to be performed during the subsequent calendar year. GWMA will submit Consultant's annual budgets to the LAR UR 2 Sub Watershed Committee no later than May 1" of each year for the Committee's approval and adoption.
Consultant shall submit invoices to GWMA on a monthly basis for actual work performed and actual expenses incurred during the preceding month. The invoices shall describe in detail the Services performed by each person for each task, including the days and hours worked.
Prior to releasing payment to Consultant, GWMA shall submit Consultant's invoices to the LAR UR 2 Sub Watershed Committee for final payment approval.
The LAR UR 2 Sub Watershed Committee's decides whether to pay an invoice submitted by Consultant and informs GWMA of its decision. If the LAR UR 2 Sub Watershed Committee approve GWMA payment of an invoice, GWMA shall make payment to Consultant payable to: [payment address.
GWMA's payment obligations pursuant to this Agreement are payable solely from funds appropriated to GWMA by the Watershed Peirnittees to fullfil the purpose of this Agreement. GWMA and Consultant expressly agree that full funding for this Agreement over the term of this Agreement is contingent on GWMA's receipt of payment from each Watershed Permittee of its proportional costs of the Services. In the event of a Watershed Permittee's failure to pay its proportional costs of the Services to GWMA, GWMA may either reduce funding for this Agreement at a level that is proportionate to the reduction in GWMA's receipt of funds from the Watershed Pennittees or suspend all or a portion of the Services being performed by Consultant.
1191111 1
7. Consultant is an independent contractor. Neither Consultant nor any of Consultant's officers, employees, agents or subconsultants, if any, shall be an employee of GWMA or its members by virtue of this Agreement or perfornaance of the Services under this Agreement.
8. Consultant and its officers, employees, associates and sub consultants, if any, shall comply with all applicable conflict of interest statutes of the State of California applicable to Consultant's 'Services under this Agreement, including,
12664/0001/1556575-9 Final ##2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 377
the Political Reforni Act (Cal. Gov. Code § 81000, et seq.) and Government Code Section 1090.
r. I r, _ MIL
9. Indemnities. Consultant shall indemnify, defend and hold harrnless GWMA, and its officials, officers, attorneys, agents, employees, designated volunteers, successors and assigns, and the Watershed Permittees, and each Watershed Permittee's officers, employees and agents, in accordance with the terms of this Section 9. Consultant's covenant under this Section 9 shall survive the expiration or termination of this Agreement.
a. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to protect, defend, hold harmless and index inify GWMA, and its officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those GWMA agents serving as independent contractors in the role of GWMA officials, and the Watershed Permittees, and each Watershed Permittee's officers, employees and agents (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, suits, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including legal costs, fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, for injury to or death of person(s), for damage to property (including property owned by GWMA or any Watershed Perinittee), which result from, arise out of, pertain to, or relate to the negligent or intentional acts or omissions committed by Consultant, its officers, agents, representatives, servants, employees, subconsultants, suppliers or their officers, agents, servants, employees, subconsultants, contractors (or any entity or individual that Consultant shall bear the legal liability thereof) in Consultant's performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of lndeinnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in coniiection with any Claim with counsel of Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. b. The indemnity under this 'Section 9 is effective regardless of any prior, concurrent, or subsequent misconduct, negligent acts, errors or omissions of the Indemnitees and without reference to the existence or applicability of any insurance coverages that are required under this Agreement or any additional
12664/0001/1.5S6575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 378
insured endorsements that may extend to the Indemnitees. The indemnity under this Section 9 is in addition to any other rights or remedies that the Indernnitees may have under the law. Payment is not required as a condition precedent to the Indemnitees' right to recover under this Section 9, and an entry of judgment against Consultant shall be conclusive in favor of the Indemnitees' right to recover under this Section 9. Consuthant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing these indemnification provisions.
10. Insurance Requirements.
a, Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, the following policies of insurance with minimum limits as indicated below and issued by insurers with A.M.
Best ratings of no less than AXII:
1. Comprehensive commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000) per incident or accident for bodily injury, death and property damage;
2. Automobile liability insurance for any owned, non -owned or hired vehicle used in connection with the performance of the Services under this Agreement with minimum combined single limits coverage of One Million Dollars ($1,000,000); and
3. Workers' compensation insurance as required by the State of California. b. The insurance required by this Section 10 shall apply on a primary non- contributing basis. Any insurance or self-insurance maintained by GWMA, GWMA's inember agencies, the Watershed Permittees and their respective officers, employees, agents, subcontractors or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it. c. The automobile and comprehensive general liability insurance policies shall contain an endorsement naming GWMA, the Watershed Pen-nittees and their officers, employees, officials and agents, as additional insureds. All insurance policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to GWMA. All insurance policies shall be endorsed to delete the subrogation condition as to GWMA and each Watershed Permittee, or shall explicitly allow Consultant to waive Consultant's right of recovery prior to loss.
Consultant waives all rights of subrogation and contribution against GWMA and each Watershed Permittee, Consultant shall require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that
12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 379
failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions,
d. Consultant shall require all subconsultants or other third parties hired to perform services under this Agreement, to carry, maintain, and keep in fall force and effect, insurance policies that meet the requirements of this Section 10, unless otherwise agreed to by GWMA, The procurement of insurance by any subconsultant or other third party hired to perform services under this Agreement shall not relieve Consultant from any duties or liability otherwise arising under this Section 10.
e. Prior to performance of the Services under this Agreement, Consultant shall file a certificate or certificates of insurance, together with the required endorsements, with GWMA showing that the insurance policies are in effect in the required amounts.
TERMINATION
11. Supension and Termination by the Parties.
a. Suspension by GWMA. The Project Manager may suspend this Agreement or any portion of this Agreement or the Services required under this Agreement in accordance with Section 6 of this Agreement upon written notice to Consultant. Upon receipt of a notice of suspension, Consultant shall perform no further services except as specified in the notice. GWMA shall pay Consultant for services satisfactorily performed in accordance with this Agreement to the date of suspension, subject to the limitation on GWMA's payment obligations set forth in Section 6 of this Agreement. GWMA shall reimburse Consultant for authorized expenses incurred to the date of suspension and not previously reimbursed, subject to the limitation on GWMA's payment obligations set forth in Section 6 of this Agreement. b. Termination by GWMA. The GWMA Governing Board may terminate this Agreement or any portion of this Agreement or the Services required under this Agreement for any reason on ten (10) calendar days' written notice to Consultant, Upon receipt of a notice of termination, Consultant shall perform no further services except as specified in the notice. Before the date of termination, Consultant shall deliver to GWMA all work product, whether complete or incomplete, prepared or compiled through the date of termination and not otherwise previously delivered to GWMA. GWMA shall pay Consultant for services satisfactorily performed in accordance with this Agreement to the date of termination, subject to the limitation on GWMA's payment obligations set forth in Section 6 of this Agreement. GWMA shall reimburse Consultant for authorized expenses incurred to the date of
12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 380
termination and not previously reimbursed, subject to the limitation on GWMA's payment obligations set forth in Section 6 of this Agreement.
Consultant shall not have any other claim against GWMA by reason of such termination.
c. Termination by Consultant. Consultant may terminate this Agreement on thirty (30) calendar days' written notice to GWMA only in the event of a material default by GWMA, which default GWMA has not been cured within thirty (30) days following receipt by GWMA of written notice from Consultant specifying the basis of the alleged default.
12. GWMA's representative for administration of this Agreement is the Executive Officer of GWMA, or such other person designated in writing by the GWMA Governing Board ("Project Manager"). Consultant's representative for administration of this Agreement is [NAME] ("Consultant's representative"), unless notified in writing by Consultant that additional representatives are authorized.
NOTICES
13. Any routine administrative communication between the Project Manager and the Consultant's representative required to be in writing may be made by personal delivery, first class U.S. mail, facsimile transmission or electronic mail. Any other notices, invoices or reports required by this Agreement shall be given by first class U.S. mail or by personal service. Notices shall be deenied received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and GWMA's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section 13. All notices shall be delivered to the parties at the following addresses:
if to GWMA: Gateway Water Management Authority
Attn:
If to Consultant.
Email:
Facsimile.
Attn:
12664/0001/1556575-9 Final #2 for LAIR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 381
Email: _
Facsimile:
14. No delay or omission to exercise any right, power or remedy accruing to GWMA under this Agreement shall impair any right„ power, or remedy of GWMA, nor shall it be construed as a waiver of, or consent to any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement (1) shall be effective unless it is in writing and signed by the party making the waiver, (2) shall be deemed to be a waiver of, or consent, to any other breach, failure of a condition, or right or remedy, or (3) shall be deemed to constitute a continuing waiver unless the writing expressly so states.
ATTORNEY'S FEES
15. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees.
16. Exhibit A constitutes a part of this Agreement and is incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of Exhibit A, the provisions of this Agreement shall control..
17. This Agreement and Exhibit A constitutes the final, complete and exclusive statement of the tern -is of the agreement between the parties pertaining to the subject matter of this Agreement and supersedes all other prior or contemporaneous oral or written understandings and agreements of the parties.
18. "Phis Agreement may be supplemented, amended or modified only by a writing signed by Consultant and the Project Manager or GWMA Chair. [SIGNATURE PAGE FOLL0WS]
12664/0001 f 1556575-9 Final #2 for LAR UR 2 Stab Watershed Distribution Date for Execution May 23, 201:3 Exhibit 2 382
The parties are signing this Agreement on the effective date.
GWMA Consultant
Los Angeles Gateway Region Integrated
Regional Water Management Authority
By:
Name:
Title:
[COMPANY NAME],
a [LEGAL ENTITY STATUS]
i.
Name:
Title:
ATTEST: By:
Name:
Title:
By•
Name: (Please note: Two signatures required for
Title: emporations pursuant to California Corporations
APPROVED AS TO FORM: Code Section 313.)
M
Name:
Title -
12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013 Exhibit 2 383
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
f b.
AGENDAREPORT
Item 14.
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: LOCAL COMMISSIONS APPOINTMENT LIST
DATE: October 28, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
BACKGROUND/DISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state - mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Notice of Vacancies
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 384
CITY OF BELL GARDENS
NOTICE OF COMMISSION VACANCIES
AND ACTIVE COMMISSIONERS
The City Council is seeking applications for the following vacancies:
APPOINTEDNAME
POSTED
DATE
Gabriela Galindo
Barcena
8/26/2024
Miguel Flores
Chavez
3/22/2021
Victoria Mirembe
Gomez
11/13/2023
t
--------------lA ,C, € he
1t7; , /iiiiiiiiiiiii
�/
or
Ernesto Ramirez
Barcena
04/08/2024
Miguel De La Rosa
Chavez
1/11/2021
Gustavo Mendez
Gomez
8/28/2023
VACANT
VACANT
Oscar Boado
Sanchez
9/11/2023
v
r
Isabel Duron
Barcena
1/9/2023
Erika Cabrera
Chavez
3/11/2024
Katel nn Cabrera
Gomez
10/23/2023
VACANT
VACANT
Carmen Var as
Sanchez
7/22/2024
Ana Maria Sanchez Flores
Barcena
1/9/2023
Linda Judith Lopez
Chavez
9/9/2024
Ma ra Teresa Yanez
Gomez
7/22/2024
VACANT
VACANT
Stephanie Perez
Sanchez
1/23/2023
David Heredia
Barcena
1/9/2023
........
In
Raul Velasco
Gomez
10/9/2023
Hugo Alvarado
Sanchez
1/9/2023
Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk's Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made. Please call the City Clerk's Office at (562) 806-7705 or email [email protected] for more information.
Daisy Gomez, City Clerk
lWdl 10/9/2024 385
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
f b.
AGENDAREPORT
Item 15.
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: SECOND UPDATE ON RESPONSIVE ACTION FOR MOBILEHOME PARK COMPLAINT DATE: October 28, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council by motion:
1. Receive and file this report; and
2. Direct staff to send the attached correspondence to the California State Senate and Assembly District representatives.
BACKGROUND/DISCUSSION:
During the regularly scheduled City Council meeting of September 23, 2024, the City Council directed staff to investigate an odor complaint raised by several residents during public comments at a local mobilehome park. At the subsequent City Council meeting of October 14, 2024, staff presented a report detailing the City's collective actions in response to the complaints related to the mobilehome park. Following this presentation, the City Council requested that staff prepare an additional agenda item for discussion at the next meeting to address the following:
• Creation of an Ad Hoc Committee (separate agenda item). • Follow-up on responsive action of mobilehome complaints, including California Department of Housing and Community Development (HCD) and park owner response.
• Consideration of potential of code enforcement responsibility transition from State to City, which would require a cost study for additional staffing and resources and coordinated efforts to engage with State officials on mobilehome concerns.
Table No. 1. Responsive Actions Taken Since 10/14/24 Council Meeting Date:
Action Taken:
Week of October 15, 2024 City staff contacted HCD State representative, Annie Satrellano; In turn, City Staff and Satrellano contacted HCD inspector Kevin Hootman regarding the mobilehome
complaints. Inspector Hootman conducted an onsite visit to the mobilehome park on 10/17/24.
October 21, 2024 City staff had a phone discussion with Inspector Hootman regarding the inspection. Inspector Hootman stated that he will be sending an email with detailed information about his findings clarifying park issues, HCD responsibilities, and City 'C M.
responsibilities.
October 22, 2024 Code Enforcement staff conducted an inspection of the mobilehome park to identify areas under City authority. Staff performed an inspection of the 3 fixed structures in the mobilehome park. A list of possible violations of the
properties was identified. Possible violations consist of items such as, un-permitted structures, Christmas lights, excessive dogs on property, lack of exterior maintenance (e.g., chipped paint, dangling rain gutters, boarded windows, and overgrown vegetation). Staff also observed an eviction notice case posted on one of the mobilehome units.
Housing/Code Enforcement staff was given direction to start an assessment of all 20 mobilehome parks (412 spaces) to evaluate mobilehome park conditions. A rating system of 1 to 5 will be used, with 1 being the worst condition and 5 being the best.
October 23, 2024 City staff met with City of Fresno City Attorney to discuss the reasons they decided to request and obtain enforcement
authority of their mobilehome parks from the State. The City of Fresno has 27 mobilehome parks (3,800 spaces), 4
dedicated code enforcement staff to mobilehome parks out of 80 total code enforcement officers, and 1 dedicated
mobilehome park attorney. Enforcement authority is only to the outside of the mobilehomes and common areas.
Concerns of interior conditions of the mobilehomes are still HCD jurisdiction and referrals are made to them.
According to HCD, there are approximately 5,230
mobilehome parks (approximately 453,800 spaces) in
California. HCD has enforcement jurisdiction of
approximately 80% of the parks. Only approximately 20% are enforced by individual cities, such as Fresno, Lancaster, Norwalk and Lynwood.
* https://mhphoa.com/ca/mhp/statistics
* https://www.hcd.ca.gov/manufactured-and-mobilehomes
CONCLUSION:
Staff will continue to take action to address residents' concerns.
FISCAL IMPACT:
None at this time.
ATTACHMENTS:
387
Exhibit 1 — October 14, 2024 Agenda Report
Exhibit 2 — Draft Letter to State Government Representatives Exhibit 3 — Case Study of Cities with Mobilehome Park Enforcement Jurisdiction Exhibit 4 — Letter from California Department of Housing and Community Development (HCD) 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 c::
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
f b.
AGENDAREPORT
Item 13.
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: REPORT OF RESPONSIVE ACTION UPDATE ON MOBILEHOME PARK COMPLAINT DATE: October 14, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council receive and file this report.
BACKGROUND/DISCUSSION:
At the regularly scheduled City Council meeting of September 23, 2024, the City Council directed staff to look into an odor complaint brought during public comment by multiple residents at a mobilehome park. Table No. 1 provides an outline of all actions taken by staff of multiple City departments.
Table No. 1 — Responsive Actions Taken
Action Log
Date
Action Taken
First complaint filed with City for odor, feces, and an excessive number of pets.
Code Enforcement Officer (CEO) Galindo went to the site July 17, 2023
but was not granted full access, and as the complaints are located within a mobilehome park, Staff consulted with the California Department of Housing and Community
Development (HCD) Mobilehome Park Division, as these
locations are under the purview of the State.
Housing Specialist I I Veronica Jaramillo and Housing
August 8, 2023
Specialist I Rosario Quirarte arrived at the site and received and reported several verbal complaints from tenants of the mobile home park.
Bell Gardens Police Department received a dispatch from several concerned citizens. At about 7:54pm Police Officer Mariano (#623) responded to the location and noted that the resident(s) appeared in good health but was not granted access. Officer Mariano indicated that the owner admitted to four dogs on site; Officer Mariano contacted Adult
September 23, 2024
Protective Services and a report was generated, as the
Officer noted severe odor; additionally, Officer Mariano contacted SEACCA and informed them of his observations.
No known on -site visit from this agency is noted.
Exhibit 1 300
Code Enforcement was notified.
Pursuant the notification of the Bell Gardens Police
Department, CEO Galindo (re) -visited the site and left a door hanger notice with instructions to make contact. Two SEACCA officers (Torres and Wright) attended the site visit with CEO Galindo and attempted to contact the unit owner to no avail. They observed a strong odor and identified the September 24, 2024
odor as coming from dogs. SEACCA officers indicated
they would file a report and would attempt to contact the owner again. SEACCA officers recommended the City file
a warrant to enter the premises; however, Officer Galindo and Code Supervisor George Suarez stated the warrant
should be coming from SEACCA since it is an animal issue and the City has no probable cause to issue a warrant.
CEO Galindo issued a formal citation to the tenant(s) and the property owner for municipal code violations including an September 25, 2024
excessive number of dogs observed, with a recommended
seven (7)-day remediation period to abate the violation by October 2, 2024.
Team meeting held to assess all actions taken up to that October 1, 2024
point and to determine alternative collaboration opportunities and potential resolution.
Housing Manager Mayra Garcia, Specialist I I Jaramillo and Housing Inspector Sophia Lu visited the site.
No contact with the cited tenant(s) could be made, despite multiple efforts of knocking. Chains were observed and the knocking was loud enough to provoke the barking of dogs and to draw the attention of neighbors, who in turn came out to speak to the staff to share concerns over the site's safety and blocked access, and the strong odor emanating from
October 1, 2024
the site and a specific unit. Team noted the strong odors emanating from the site and the substandard condition
throughout the park.
Specialist I I Jaramillo filed a report and request to
investigate with a confirmed receipt of 10/01/2024 at
13:01:32 to the Los Angeles County Aging and Disabilities Department for the at -risk situation believed to involve older and/or dependent adults.
Associate Planner Mona Mossayeb emailed HCD
Inspector to schedule team visit to the site. No response has been received to date.
Associate Planner Mona Mossayeb compiled Community
October 1, 2024
Development Department and Bell Gardens Police
Department activities provided from CEO Galindo and
Captain Musquiz and Police Officer Mariano.
CEO Galindo conducted a follow up at the completion of
the initial remediation period to abate and determined that a October 2, 2024
formal administrative citation would be required to be issued to the property owner (and escalated until violation is Exhibit 1 298
addressed).
October 3, 2024 CEO Galindo caused an administrative citation to be mailed to the property owner on file.
October 7, 2024 Associate Planner Mona Mossayeb coordinated HCD Inspector and city staff team visit to the site, T B D.
City staff contacted HCD representative Annie Satrellano by phone to discuss park issues. She was briefed on the past and present concerns and informed that city staff has been October 9, 2024 attempting to reach the state MHP inspector Kevin Hootman from Riverside office but has not received a call back or email response. Annie informed staff that she will work on this and get back to us as soon as possible.
CONCLUSION:
The Code Enforcement Division has two enforcement programs to manage private property violations: Property Maintenance and Property Rehabilitation. Through the maintenance program, staff will continue efforts to reach the property owner and tenant(s) to resolve concerns at the site. An administrative citation contains a reasonable deadline for any requested corrections to abate violations and an order prohibiting continued or repeat occurrences.
Certain violations of the Bell Gardens Municipal Code (BGMC) are subject to the appealable collection of administrative fines for failure to comply. These fines could include daily and separate offenses prior to referral to the City's Prosecutor. If prosecution becomes necessary after all administrative processes have been exhausted, the Los Angeles Superior Court (Downey Branch) is the judicial location for the City. The Downey Branch administers justice for citywide violations of City ordinances that could order further penalties or forced compliance.
After a consultation and site visit with HCD and County agencies, the tenants and property owner(s) could be presented with comprehensive lists of resources to facilitate BGMC violation abatement within a reasonable time and before costly prosecutorial services are required and rendered.
Staff recommends receiving and filing this report.
FISCAL IMPACT:
None at this time.
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 Exhibit 1 296
October _, 2024
The Honorable Lena A. Gonzalez
California State Senate
Senate District 33
1021 O Street, Suite 7720
Sacramento, CA 95814
Subject: City of Bell Gardens Request for Securing Additional Support from the California Department of Housing and Community Development (HCD) for Mobilehome Park Enforcement
Dear Honorable Senator Gonzalez,
On behalf of the City Council of the City of Bell Gardens, we are reaching out to express our concern regarding the current conditions of our mobilehome parks and lack of enforcement from the State. We are requesting your assistance in securing additional support from the California Department of Housing and Community Development (HCD) to address mobilehome park resident concerns.
Our mobilehome parks serve as a vital source of affordable housing for many residents in Bell Gardens. However, we have observed that these communities face a number of challenges, including maintenance issues, health and safety concerns, and limited access to necessary resources. It is essential that we address these issues in a proactive manner to ensure the well- being of our residents. Unfortunately, we understand that HCD has limited resources when it comes to mobilehome parks. There is one inspector for every 1,000 units. With over 5,230 mobilehome parks throughout the State and more than 453,500 units, residents have great difficulty getting their complaints addressed and often do not get a response from the designated HCD mobilehome park inspector.
We believe that increased support and resources from HCD could significantly enhance the living conditions within our mobilehome parks. This could include additional HCD inspections and assistance with regulatory compliance and programs aimed at improving resident services.
We appreciate your dedication to the needs of our community and your ongoing efforts to advocate for policies that promote housing stability and quality of life for all Californians. We kindly ask for your help in addressing these challenges and look forward to discussing these issues with you further. We value your partnership and commitment to the residents of Bell Gardens and would like to schedule a meeting with you to further discuss our concerns.
Please feel free to contact our City Manager, Michael B. O'Kelly, at (562) 806-7702 or via email at mokelly(a-)_bellgardens.org or our Deputy City Manager/Community Development Director, Exhibit 2 392
Gustavo Romo, at (562) 806-7724 or via email at [email protected]. You can also reach me at (562) 806-7762 or via email at ggomez(a)bellgardens.org.
Thank you for your attention to this important matter.
Sincerely,
CITY OF BELL GARDENS
Gabriela Gomez
Mayor
C: Mayor Pro Tern Marco Barcena
Councilmember Jorgel Chavez
Councilmember Francis De Leon Sanchez
Michael B. O'Kelly, City Manager
Gustavo J. Romo, Deputy City Manager/Community Developent Director Exhibit 2 393
October _, 2024
The Honorable Blanca Pacheco
California State Assembly
641h Assembly District
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0064
Subject: City of Bell Gardens Request for Securing Additional Support from the California Department of Housing and Community Development (HCD) for Mobilehome Park Enforcement
Dear Honorable Assemblymember Pacheco,
On behalf of the City Council of the City of Bell Gardens, we are reaching out to express our concern regarding the current conditions of our mobilehome parks and lack of enforcement from the State. We are requesting your assistance in securing additional support from the California Department of Housing and Community Development (HCD) to address mobilehome park resident concerns.
Our mobilehome parks serve as a vital source of affordable housing for many residents in Bell Gardens. However, we have observed that these communities face a number of challenges, including maintenance issues, health and safety concerns, and limited access to necessary resources. It is essential that we address these issues in a proactive manner to ensure the well- being of our residents. Unfortunately, we understand that HCD has limited resources when it comes to mobilehome parks. There is one inspector for every 1,000 units. With over 5,230 mobilehome parks throughout the State and more than 453,500 units, residents have great difficulty getting their complaints addressed and often do not get a response from the designated HCD mobilehome park inspector.
We believe that increased support and resources from HCD could significantly enhance the living conditions within our mobilehome parks. This could include additional HCD inspections and assistance with regulatory compliance and programs aimed at improving resident services.
We appreciate your dedication to the needs of our community and your ongoing efforts to advocate for policies that promote housing stability and quality of life for all Californians. We kindly ask for your help in addressing these challenges and look forward to discussing these issues with you further. We value your partnership and commitment to the residents of Bell Gardens and would like to schedule a meeting with you to further discuss our concerns.
Please feel free to contact our City Manager, Michael B. O'Kelly, at (562) 806-7702 or via email at mokelly(a-)_bellgardens.org or our Deputy City Manager/Community Development Director, Exhibit 2 394
Gustavo Romo, at (562) 806-7724 or via email at [email protected]. You can also reach me at (562) 806-7762 or via email at ggomez(a)bellgardens.org.
Thank you for your attention to this important matter.
Sincerely,
CITY OF BELL GARDENS
Gabriela Gomez
Mayor
C: Mayor Pro Tern Marco Barcena
Councilmember Jorgel Chavez
Councilmember Francis De Leon Sanchez
Michael B. O'Kelly, City Manager
Gustavo J. Romo, Deputy City Manager/Community Development Director Exhibit 2 395
Exhibit 3- CASE STUDY OF CITIES WITH MOBILEHOME PARK ENFORCEMENT
JURISDICTION
Several cities in California have taken on the enforcement responsibility related to mobilehomes parks. This table provides a general overview of those cities' experiences in assuming those responsibilities of the enforcement of California's mobilehome parks. In general, the reasons for assuming responsibility for enforcement of California's Mobilehome Park Act of their mobilehome parks were the following:
• To better address local issues such as health and safety standards (direct oversight) • Habitability standards
• Response times
• Maintenance (preventative approach)
• Residents' concerns (residents' rights)
City of Fresno
Contact: Officer Laura R. 559 621-8510 and Sarah P. City Attorney On July 1, 2021, the City assumed responsibility for enforcement of California's Mobilehome Park Act at all mobilehome parks located within the city limits. This is a significant step forward in the effort to preserve Fresno's housing stock through our mobilehome parks proactive maintenance inspection program. The program identifies substandard housing violations and ensures rental housing meets minimum health and safety standards. In addition, the program serves to safeguard and preserve the housing stock of decent, safe and sanitary residential rental units within our mobilehome communities. Further, the program ensures residents in
mobilehome communities receive prompt responses to complaints within these communities.
Questions:
Notes:
1. What was the
The city had a deadly fire at one of the mobile homes due to Health process of taking
and Safety violations and shortly after had another fire at the same on the
mobilehome park that destroyed three (3) mobile homes. The City responsibility for
Council directed staff to look into assuming the responsibility for the enforcement of
enforcement of California's Mobilehome Act at all mobilehome mobilehomes?
parks located within city limits. Attorney assisted in the process of making the request to HCD to take over jurisdiction.
2. Mobilehomes/
26 mobile homes parks, 3,528 spaces
Spaces
Exhibit 3 396
3. Staffing
Dedicated to mobile homes staff. Lead inspector and three (3) more code compliance officers = Four (4) staff in total
4. Costs associated
Was not aware of costs referring to supervisor for additional with taking on
information.
responsibilities?
5. What are the
Enforcement Jurisdiction of exterior and common areas only. Interior benefits/
enforcement is still HCD jurisdiction and referrals made to HCD to challenges of the
address those complaints.
local
• Staff received Mobilehome Park Act Training from State. responsibility?
. Maintenance inspections are now being conducted.
• Inspections require notices, outreaches, three (3) to four (4) parks a year. Only required to do two (2) parks a year.
Benefits: proactive/prevention issues, maintenance inspections conducted annually, education to residents of potential hazards, immediate health and safety issues priority (electrical hazards).
Park owners more involvement with the city.
Challenges: Residents upset with enforcement early on in the process. Owners are afraid of losing permit to operate. Eviction of tenants not complyingwith rules and regulations.
6. Reason why the
A deadly fire on April 29, 2021, which destroyed two (2) homes at the City assumed the
Trails End Mobile Home Park. Second destructive fire burned down responsibility for
three (3) mobilehomes at the same park.
enforcement of
mobilehomes?
City of Lancaster
Contact: Officer Sam McNutt 661-723-6029 LM
Spoke to Code officer Ann -Marie Whalen
The State Mobilehome Park Act, Division 13, Part 2.1 of the California Health and Safety Code and the related
State regulations permit the assumption of enforcement
responsibilities for construction, use, maintenance and occupancy of mobilehome parks by a city or county.
The City of Lancaster has assumed responsibility for the enforcement of Division 13, Part 2.1 of the California
Health and Safety Code and the related administrative
regulations.
Questions:
Notes:
Exhibit 3 397
1. What was the process of
Officer Whalen is not aware of the process, but the
taking on the responsibility
supervisor will reach out with the information. She is
for the enforcement of
aware that they requested responsibility from HCD.
mobilehomes?
Jurisdiction only for exterior and common areas. Roofs, windows, and any inside issues are still address by HCD.
2. Mobilehomes/Spaces
Twenty-eight (28) mobilehomes/approximately 7,000
spaces
3. Staffing
Two (2) dedicated staff to mobilehomes.
4. Costs associated with taking
Two (2) staff salaries and other costs.
on responsibilities?
5. What are the benefits/
Benefits: Annual inspections, proactive in addressing
challenges of the local
issues early on.
responsibility?
Challenges: Staffing, not enough staff to address issues.
Push back early on from residents of enforcement.
6. Reasons why the City
Direct oversight. Be more proactive.
assumed the responsibility
for enforcement of
mobilehomes?
Exhibit 3 398
STATE OF CALIGAVIN N WSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF CODES AND STANDARDS
SOUTHERN AREA OFFICE m
3737 Main Street, Suite 400, Riverside, CA 92501
(800) 952-8356 / TTY (800) 735-2929 / FAX (951) 782-4437 HU), Wr f itte: www.hcd.ca.gov
October 24, 2024
Director Gustavo Romo
City of Bell Gardins
7100 Garfield Ave.
Bell Gardens, Ca. 90201
RE: 19-0244-MP)
Dear Director Romo,
As per our previous conversations, there have been three Complaints in the past three years with regards to conditions at the above referenced park. One complaint in 2022, one complaint in 2023 and one complaint in 2024. Those complaints have been investigated by HCD and determined that the complaint was either Civil in nature or abated and closed.
I did personally tour the park on October 17, 2024. While there were noticeable violations, there was nothing visible which would rise to the level of imminent or immediate threats to life and safety. However, most of the observed violations were excessive debris and rubbish on the individual lots.
This park has been placed onto the Mobilehome Park Inspection (MPM) priority list for 2025.
Sincerely,
Kevin Hootman
Codes and Standards Administrator II
Exhibit 4 399
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
f b.
AGENDAREPORT
Item 16.
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: CONSIDERATION OF CREATION OF A MOBILEHOME PARKS AD HOC COMMITTEE DATE: October 28, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council by motion:
1. Receive and file this report and take no further action; or
2. Approve the attached Resolution to create an Ad Hoc Committee and appoint two Councilmembers to address concerns related to mobilehome parks.
BACKGROUND/DISCUSSION:
During the City Council meeting of October 14, 2024, a report was presented by staff identifying the City's responsive actions to complaints pertaining to a mobilehome park in the City. Following the presentation, the City Council requested that staff return with an agenda item to consider the creation of an Ad Hoc Committee with the idea of continuing to investigate and analyze mobilehome park concerns.
Ad Hoc Committees are permitted under the Brown Act as long as they:
• Serve a limited or single purpose that is for a limited time. • Are composed solely of less than a quorum of the City Council. • Have a defined purpose and time frame to accomplish that purpose. • Are dissolved once the specific task is complete.
• Are advisory (the committee is not to be delegated any decision -making power and will be returning to the full City Council on its recommendation.)
Ad Hoc Committees are not subject to notice and posting requirements, nor to hold public meetings, if the above requirements are followed.
If the City Council were to create the Ad Hoc Committee, it would require no more than two council members to be appointed. Additionally, since the Ad Hoc Committee is meant to be of limited duration, it will disolve upon the earlier of the following: 1) when appropriate recommendations are made; or 2) within 6 months of adoption of the attached Resolution.
CONCLUSION:
Creation of the Mobilehome Parks Ad Hoc Committee may provide coordinated strategic efforts in addressing mobilehome park concerns in the community.
400
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2024-90
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 401
RESOLUTION NO. 2024-90
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BELL GARDENS, CALIFORNIA,
APPROVING THE CREATION OF A MOBILEHOME
PARK AD HOC COMMITTEE
WHEREAS, at its meeting of October 28, 2024, the City Council of Bell Gardens approved the creation of a temporary advisory, or Ad Hoc Committee to study, investigate and analyze coordinated strategic efforts in addressing mobilehome park concerns in the community and make recommendations to the full City Council on various issues related to mobilehome parks; and
WHEREAS, the City Council also approved the appointment of two (2) Councilmembers to said committee; and
WHEREAS, the Ralph M. Brown Act (Gov. Code, § 54950 et seq.) generally applies to meetings among a majority of the members of a legislative body when the subject relates to local agency business, however, meetings of temporary advisory committees, as distinguished from standing committees with ongoing jurisdiction, made up solely of less than a quorum of a legislative body are not subject to the Brown Act; and WHEREAS, the City Council intends that such committee be of temporary duration, as specified further below, to formulate a recommendation for full City Council consideration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated into the body of this Resolution by this reference.
SECTION 2. The City Council hereby confirms and ratifies the creation of a temporary Ad Hoc Committee whose purpose and membership is to provide coordinated strategic efforts in addressing mobilehome park concerns in the community.
SECTION 3. The temporary advisory committee shall return to the City Council with a progress report or set of proposals, when an update is available. In order to maintain the temporary advisory character of the Ad Hoc Committee, it is the intent of the City Council that the Ad Hoc Committee shall be of limited duration and shall be disbanded upon the earlier of the following: 1) the development and submission of a final set of legislative or other appropriate recommendations to the full City Council for consideration; or 2) six (6) months from the date of this Resolution. Nothing in this Resolution shall operate to prevent the City Council from discontinuing the Ad Hoc Committee at an earlier time or making such additional changes as the City Council may deem necessary or desirable.
Exhibit 1 402
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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 28t" day of October 2024.
THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
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Daisy Gomez
City Clerk
Exhibit 1 403
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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:
3of3
Exhibit 1 404