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claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Lease, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this Lease, or its performance, pursuant to this Lease, LESSEE will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and volunteers.
C. LESSEE expressly agrees that this hold harmless and indemnification provision is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Lease.
E. The requirements as to the types and limits of insurance coverage to be maintained by LESSEE as required by Section 25 below, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by LESSEE pursuant to this Lease, including but not limited to the provisions concerning indemnification.
25. INSURANCE. LESSEE must procure and maintain insurance of the type, for the period, with the coverages and limits, and in accordance with the terms, conditions, and requirements that follow:
A. LESSEE will provide Commercial General Liability, Broad Form General Liability and Business Automobile Liability insurance that meet or exceed the requirement of ISO Forms GL0002, GL0404 and CA0001, Code 1, respectively, in the most current State of California approved forms, in connection with LESSEE’s performance in the amount of not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage for each policy coverage.
B. Commercial General Liability, Broad Form General Liability and Business Automobile Liability policies required in this Lease will be endorsed to name CITY, its officials, volunteers, and employees as “additional insureds” under said insurance coverage, to state that such insurance will be deemed “primary” such that any other insurance th at may be carried by CITY will be excess thereto, and to state that the
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policy(ies) will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. LESSEE will furnish to CITY a certificate of insurance, in the standard form required by CITY, duly authenticated, evidencing maintenance of the insurance required under this Lease and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
26. COMPLIANCE WITH LAW. LESSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction that LESSEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and LESSEE.
27. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this Lease will not constitute a waiver of any further breach of the same or other term of this Lease.
28. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LESSEE, or a general assignment by LESSEE for the benefit of creditors, or any action taken or offered by LESSEE under any insolvency or bankruptcy action, will constitute a breach of this Lease by LESSEE, and in such event this Lease will automatically cease and terminate.
29. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Lease or by law to be served on or given to either party to this Lease by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to:
LESSEE at: Louis Sciarrotta
Attn: The Snow Shoppe Iced Desserts
611 Euclid Ave
Long Beach, CA 90814
CITY at: City of Bellflower
Attn: Economic Development Department
16600 Civic Center Drive
Bellflower, CA 90706
Either party may change its address for the purpose of this Section by giving written notice of the change to the other party.
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ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements ancillary to this Lease and related documents to be entered into in connection with this Lease will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
30. GOVERNING LAW. This Lease has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Lease will be in Los Angeles County.
31. PARTIAL INVALIDITY. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Lease will remain in effect, unimpaired by the holding.
32. INTEGRATION. This instrument constitutes the sole agreement between CITY and LESSEE respecting the Property, the use of the Property by LESSEE, and the specified term, and correctly sets forth the obligations of CITY and LESSEE. Any Lease or representations respecting the Property or its licensing by CITY to LESSEE not expressly set forth in this instrument are void.
33. CONSTRUCTION. The language of each part of this Lease will be construed simply and according to its fair meaning, and this Lease will never be construed either for or against either party.
34. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Lease and to engage in the actions described herein. This Lease may be modified by written amendment. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.
35. COUNTERPARTS. This Lease may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.
[Signatures on next page]
Revision date: 8/18/2022 12:43:00 PM
IN WITNESS WHEREOF the parties hereto have executed this Lease the day and year first hereinabove written.
CITY OF BELLFLOWER THE SNOW SHOPPE ICED DESSERTS
____________________________ ________________________________ Jeffrey L. Stewart, Louis Sciarrotta City Manager,
ATTEST:
_____________________________
Mayra Ochiqui,
City Clerk
APPROVED AS TO FORM:
______________________________
Karl H. Berger,
City Attorney
10-G
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Jim DellaLonga, Director of Economic Development
SUBJECT: Consideration and possible action to authorize the City Manager to execute License Agreement File No. 943, in a form approved by the City Attorney, between Greencore EV Services, LLC and the City of Bellflower, regarding the use of a portion of the City-owned parking lot at 16600 Civic Center Drive to construct an 8-stall electric vehicle (EV) charging station.
DATE: August 24, 2022
EXECUTIVE SUMMARY
During the past several months, the Economic Development Director negotiated with GreenCore EV Services, LLC (GreenCore) to identify a site on which to construct an EV charging station in the Downtown area. After a Downtown site visit and multiple discussions, it is recommended that the City Council consider authorizing the City Manager to execute an agreement that would allow GreenCore to use a portion of the City-owned parking lot at 16600 Civic Center Drive, on the south side of City Hall, to construct an 8-stall EV fast-charging station.
RECOMMENDATIONS TO CITY COUNCIL
1) Authorize the City Manager to execute License Agreement File No. 943, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There is no cost to the City for this Agreement. GreenCore will pay the City an annual license fee of $6,000 and, on a quarterly basis, a percentage fee of 4% of the Earnings before Interest, Taxes, Depreciation and Amortization (EBITDA). EBITDA is similar to net income but calculated by adding back the four specified items (Interest, Taxes, Depreciation and Amortization) to net income.
Staff Report – License Agreement No. 943, GreenCore
August 24, 2022
DISCUSSION
GreenCore is an EV charging station company based out of Colorado. The Director began discussions with that company after an introduction from the company providing citywide wireless services. The goal was to have an attractive, fast -charging station in the Downtown area that would provide an amenity to local residents, workers and visitors to the area at little or no cost to the City and no maintenance or operational responsibilities for the City.
GreenCore engaged in initial due diligence of the Downtown area including a site visit and followed with a proposal to construct an 8-stall EV fast-charging station in the center of the parking lot on the south side of City Hall at no c ost to the City. To accommodate the additional space needed for the associated electrical transformer and equipment, an area of 12 parking stalls will be utilized resulting in a net loss of 4 parking stalls to this lot.
GreenCore would have permission to use the site for this purpose via a revocable 20-year license agreement with an option for an additional 20 -year term. GreenCore has agreed to pay the City a $6,000 annual license fee plus a percentage fee of 4% of the Earnings Before Interest, Taxes, Depreciation and Amortization (EBITDA).
Because this is a revocable license, the City can terminate the license at any time. To help offset the investment of constructing and operating the EV Charging Station should the City terminate the license agreement before the termination date, the City would make a payment to GreenCore pursuant to the amortization table that has been included as Exhibit C to the license agreement. GreenCore is projecting an initial investment of $2 million to construct the station.
The charging station will include an ADA compliant stall, two “pull-through” stalls for vehicles with trailers, all stalls will accommodate oversized commercial vehicle s, a solar canopy to charge a 400 kW battery system that will allow limited operation during a power outage, and four video displays for user information, advertising, and 2 -hours per day of City information and announcements. GreenCore has agreed to allow free charging for City of Bellflower employees’ personal vehicles and discounted fleet charging if and when the City transitions to electric municipal vehicles.
ATTACHMENTS
Site Aerial…………………………………………………………………………………………..3
License Agreement File No. 943………………………………………………………………..4
Site Aerial
LICENSE AGREEMENT FILE NO. 943
BETWEEN THE CITY OF BELLFLOWER
AND GREENCORE EV SERVICES, LLC
THIS LICENSE is made and executed this 22nd day of August 2022, between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”), and GREENCORE EV SERVICES, LLC a Colorado limited liability company (“LICENSEE”). The Parties agree as follows:
1. LICENSE; DESCRIPTION OF PROPERTY. CITY licenses LICENSEE to use, on the terms and conditions in this License, real property located at 16600 Civic Center Drive, Bellflower, CA 90706, as graphically depicted in attached Exhibit A - Graphics of EV Site in Bellflower, which is incorporated by reference (the “Property”). CITY’s action is not, and should not be construed to be, a conveyance of a property interest or a lease; it is a license to use property only.
2. USE OF PROPERTY.
A. LICENSEE may temporarily use the Property for the purposes set forth in attached Exhibit “B,” which is incorporated by reference (the “Scope of Services”).
B. CITY may change, amend, or terminate LICENSEE’s use of Property at any time, and in its sole discretion, verbally or in writing.
3. TERM. Except as provided in Section 4, the term of this license will be from December 1, 2022 to December 1, 2042. Upon mutual written agreement between the parties, this License may be renewed for an additional term of 20-years. If the Parties agree to upgrade the Site, the initial term may be extended to align with an updated amortization schedule.
4. TERMINATION.
A. As stated above, CITY may terminate this License at any time with or without cause, upon written or verbal notification. Termination will be effective upon notification, unless CITY specifies otherwise.
B. LICENSEE may terminate this License at any time in writing at least five (5) days before the effective termination date.
C. By executing this document, LICENSEE waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section, except as it relates to payments in accordance with the Amortization Schedule.
D. Upon termination, LICENSEE will remove all personal property and improvements from Property within sixty (60) days. Property will be left in a clean and orderly fashion.
City of Bellflower
Agreement File No. 943
Greencore EV Services, LLC
E. Upon termination before the 20-year first term, the CITY will pay LICENSEE based upon the Bellflower Amortization Schedule, attached and incorporated herein as Exhibit C. If the Parties agree to upgrade the site at any point, it is understood that the Amortization Schedule will be updated to reflect the new costs payable to LICENSEE upon early termination.
5. COMPENSATION. In exchange for the use of the facilities at Property, LICENSEE agrees to pay CITY as set forth in the attached Exhibit “D,” which is incorporated by reference (the “Site Services Agreement”), during the term of this License.
6. CONDEMNATION. If all or part of Property is acquired by eminent domain or purchase in lieu thereof, LICENSEE acknowledges that it will have no claim to any compensation awarded for the taking of Property or any portion thereof or for loss of or damage to LICENSEE’s improvements, provided however, that if the property is acquired by eminent domain or purchase in lieu thereof, that the Amortization Schedule still applies and will be awarded accordingly.
7. RELOCATION BENEFITS. LICENSEE acknowledges that it has been informed that CITY is a public entity and that Property was previously acquired by CITY for a public purpose.
LICENSEE further acknowledges that any rights acquired under this License arose after the date of acquisition of Property and that said rights are subject to termination when Property is needed by CITY. LICENSEE hereby acknowledges that at the time of said termination of this License by CITY, it will not be a “displaced person” entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law.
8. ALTERATIONS. Except as set forth in the Services Agreement, LICENSEE will not make, or cause to be made, any alterations to Property, or any part thereof, without CITY’s prior written consent.
9. HAZARDOUS/TOXIC WASTE. CITY has not, nor, to CITY’s knowledge, has any third party used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (as defined below) on, under, about or within Property in violation of any law or regulation. LICENSEE agrees that it will not use, generate, store or dispose of any Hazardous Material (as defined below) on, under, about or within Property in violation of any law or regulation. LICENSEE agrees to defend and indemnify CITY, to the extent stated in Section 12, against any and all losses, liabilities, claims or costs arising from any breach of any warranty or agreement contained in this Section. As used in this Section, “Hazardous Material” means any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos).
10. SIGNS. Except as provided in the Services Agreement, LICENSEE will not place any sign upon Property without CITY’s prior written consent, which will not be unduly withheld.
LICENSEE will pay for all costs of any approved signage and comply with all applicable sign codes and ordinances.
City of Bellflower
Agreement File No. 943
Greencore EV Services, LLC
11. ASSIGNMENT. LICENSEE will not be permitted to assign this License or any interest therein without CITY’s express written approval which will not be unreasonably withheld.
12. INSURANCE.
A. Before commencing performance under this License, and at all other times this License is effective, LICENSEE will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial general liability: $2,000,000
Workers compensation Statutory limits
Commercial general liability insurance will meet or exceed the requirements of the most current ISO Forms. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable except upon thirty (30) days prior written notice to CITY except for nonpayment of premiums which may be cancelable upon ten (10) day notice.
B. LICENSEE will furnish to CITY duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this License and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
C. Should LICENSEE, for any reason, fail to obtain and maintain the insurance required by this License, CITY may obtain such coverage at LICENSEE’s expense and charge the cost of such insurance to LICENSEE under this License or terminate pursuant to Section 4.
City of Bellflower
Agreement File No. 943
Greencore EV Services, LLC
D. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and deductible of the policy in lieu of LICENSEE (as the named insured) should LICENSEE fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. LICENSEE understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by LICENSEE as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.
Should CITY pay the SIR or deductible on LICENSEE’s behalf upon the LICENSEE’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against LICENSEE for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
13. COMPLIANCE WITH LAW. LICENSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to Property and will faithfully observe in the use of Property all applicable laws. The judgment of any court of competent jurisdiction, or the admission of LICENSEE in any action or proceeding against LICENSEE, whether CITY be a party thereto or not, that LICENSEE has violated any such ordinance or statute in the use of Property will be conclusive of that fact as between CITY and LICENSEE.
14. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this License will not constitute a waiver of any further breach of the same or other term of this License.
15. ENTRY BY CITY AND PUBLIC. This License does not convey any property interest to LICENSEE. Except for areas restricted because of safety concerns, CITY and the general public will have unrestricted access upon Property for all lawful acts.
16. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LICENSEE, or a general assignment by the LICENSEE for the benefit of creditors, or any action taken or offered by LICENSEE under any insolvency or bankruptcy action, will constitute a breach of this License by LICENSEE, and in such event said License will automatically cease and terminate.
17. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this License or by law to be served on or given to either Party to this License by the other Party will be in writing and will be deemed served when personally delivered to the Party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to LICENSEE at:
City of Bellflower
Agreement File No. 943
Greencore EV Services, LLC
Chief of Operations
16748 E. Smoky Hill Road 9C, Suite 311,
Centennial, CO 80015
Attn: David J. Wollman, Esq.
with a copy to:
Email: [email protected] [email protected]
or to CITY at:
City Manager
16600 Civic Center Drive
Bellflower, CA 90706
Either Party may change its address for the purpose of this Section by giving written notice of the change to the other Party.
18. ACCEPTANCE OF ELECTRONIC SIGNATURES. In accordance with Government Code § 16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
19. GOVERNING LAW. This License has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this License will be in Los Angeles County.
20. PARTIAL INVALIDITY. Should any provision of this License be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this License will remain in effect, unimpaired by the holding.
21. ENTIRE AGREEMENT. In addition to the Service Agreement, this instrument and its Attachments constitute the sole agreement between CITY and LICENSEE respecting Property, the use of Property by LICENSEE, and the specified License term, and correctly sets forth the obligations of CITY and LICENSEE. Any agreement or representations respecting Property or its licensing by CITY to LICENSEE not expressly set forth in this instrument are void.
A. Exhibits, incorporated herein:
• Exhibit A – Graphics of EV Site in Bellflower
• Exhibit B – Scope of Services
• Exhibit C – Bellflower Amortization Schedule
• Exhibit D – Site Service Agreement
City of Bellflower
Agreement File No. 943
Greencore EV Services, LLC
22. CONSTRUCTION. The language of each part of this License will be construed simply and according to its fair meaning, and this License will never be construed either for or against either party.
23. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this License and to engage in the actions described herein. This License may be modified by written agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.
24. COUNTERPARTS. This License may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.
[SIGNATURES ON NEXT PAGE]
City of Bellflower
Agreement File No. 943
Greencore EV Services, LLC
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER GREENCORE EV SERVICES, LLC
Jeffrey L. Stewart, City Manager Terrance Mendez, Chief Executive Officer
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
Taxpayer ID No. 84-3903264
Exhibits
Exhibit A – Graphics of EV Site in Bellflower
Exhibit B – Scope of Services, including Tabs
Exhibit C – Bellflower Amortization Schedule
Exhibit D – Site Service Agreement
Exhibit A –Images of Bellflower EV Site
Exhibit A
As of 23 July 2022
Confidential
Communication
GreenCore EV Site for Bellflower
16600 Civic Center Dr, Bellflower, CA 90706
2GreenCore EV Services LLC -All Rights Reserved ©2022 –Confidential Material
GreenCore EV Site for Bellflower
16600 Civic Center Dr, Bellflower, CA 90706
3GreenCore EV Services LLC -All Rights Reserved ©2022 –Confidential Material
Construction Process Construction Process
Start Construction - Call Inspections for Phase 1 (***CITY - Rebar, Foundation, Solar Grounding, ect)Start Construction - Call Inspections for Phase 1 (***CITY - Rebar, Foundation, Solar Grounding, ect) Call Inspections for Phase 2 (***CITY - Underground Rough -In, Grounding)(***UTILITY - Underground, Grounding)Call Inspections for Phase 2 (***CITY - Underground Rough -In, Grounding)(***UTILITY - Underground, Grounding) Call Inspections for Phase 3 (***CITY - Prefinal)(***UTILITY - Transformer pad/ Prefinal)Call Inspections for Phase 3 (***CITY - Prefinal)(***UTILITY - Transformer pad/ Prefinal) Call Inspections for Phase 4 (***CITY -Final )Call Inspections for Phase 4 (***CITY -Final )3 to 5 Days prior to Starte Date3 to 5 Days prior to Starte DateDay 1 Day 1 Day 2Day 2Day 3Day 3Day 4Day 4Day 5Day 5Day 6Day 6Day 7Day 7Day 8Day 8Day 9Day 9Day 10Day 10Day 11 Day 11 Day 12Day 1220 to 30 days after Prefinal20 to 30 days after PrefinalPre-ConstructionPre-Construction Phase 1- Solar Carport Foundation Phase 1- Solar Carport Foundation Phase 2- EV Infrastructure / Utility Transformer ConduitsPhase 2- EV Infrastructure / Utility Transformer Conduits Phase 3- Finish Solar, Set Equiptment, Pull Conductors/ Terminate, Finish Landscape/ Parking StripesPhase 3- Finish Solar, Set Equiptment, Pull Conductors/ Terminate, Finish Landscape/ Parking Stripes Phase 4- Utility Connection, CommisioningPhase 4- Utility Connection, Commisioning Pre-Construction Meeting will
take place on site with all
appropriate parties to discuss
any concerns
After all concerns are addressed,
site essentials will be delivered
(Temporary Fencing, Mobile
Storage, Portable Services)
Call 811 for Dig alert
Concrete curing
time 5 to 7 days
1. Layout site equiptment
2. Recive all materials
3. Start excavating (all spoiles to be
removed from site immediately)
1. Finish excavating (remove all spoils from site)
2. Designate appropriate precast concrete locations
3. Place leveling grave under the precast locations
4. Start setting Concrete precast foundations
1. Finish installing concrete precast
2. Build Transformer pad conduit template
3. Start running conduit at transformer location (Stub out the primarys from transformer pad location, Run secondarys from transformer loaction to Utility section in Milbanks Gear)
1. Run conduit from Milbank gear to each charger precast
2. Run conduit from Milbank gear to solar structure for Tie -in
3. Install EV grounding system according to CDs
4. Install Utility grounding system according to utility
5. Have Back fill sand for utility and native soil deliverd
1. Have Underground conduit and Grounding inspection (City - Utility)
2. Install precast concrete tops
3. Flow fill all EV infurstructure trenches (After Inspection)
4. Back fill Secondary utility trench in accordance with utility
5. Back fill as much of Primary utility trench as possible
1. Finish back filling with native soil for landscape growth
2. Finish leveling Transformer pad location
3. Have transformer pad delivered and set
1. Construct remaining solar structure
2. Set solar panels
3. Mount solar inverter
1. Set Chargers
2. Set Milbank Gear
1. Wire manage solar array
2. Mount solar monitering
equiptment
3. Finish all electrical on solar
structure
1. Layout solar carport foundation
locations
2. Install Sonotube
3. Install rebar cage
4. Place pilons into correct location
1. Finish preparing for inspection
2. Inspection
1.Pour concrete for carport
foundations
1. Pull Conductors from Gear to
Chargers and from Gear to Solar
Connection point
2. Terminate all Conductors
3. Clean out all Cabinets
1. Finish lanscaping requirements
2. Power wash construction area
3. Final clean up
4. Finish any parking lot striping
5. Pre-final inspection for entire project
**General construction Complete**
1. The Utility will need to finish setting the
transformer, finish medium voltage tie-in
and pull and terminate conductors.
(** 20 to 30 Days after Prefinal**)
The site will be free of all
Construction materials, storage
and the temporary fence will be
removed so the area can be
presentable durning the utility
waiting period.*** (The only
fence will be around the utility
undergroumd tie-in point)
1. Utility will preform Tie-in to medium voltage Conduits or a Primary side of a transformer or switch.
2. Utility will pull conductors from the transformer to the Milbanks Gear and terminate (Some utilitys the customer pulls conductors and terminates)
3. The utility will turn on the Transformer and we can test the site.
1. After the utility is complete with the Underground Tie- in GreenCore will back fill according to the utilitys
requirements and fix the landscape according to the CDs
2. City Final Inspection to turn on site fully
CONFIDENTIAL
CONFIDENTIALAll Rights Reserved (c) GreenCore EV Services, LLC 2022
PV of Future Cash Flows 7,122,212
Long Term Growth Rate 5%
Incremental Borrowing Rate 7%
Term in Years 20
Start Date 1/1/2023
Year
EBITDA
Projection
PV of
EBITDA
Projection PV of ROI
Asset
Valuation
Net
Buyout
0 7,122,212 2,000,000 9,122,212
1 76,360 71,364 7,050,847 1,900,000 8,950,847 2 171,584 149,868 6,900,979 1,800,000 8,700,979 3 305,012 248,981 6,651,998 1,700,000 8,351,998 4 483,172 368,610 6,283,389 1,600,000 7,883,389 5 613,143 437,162 5,846,226 1,500,000 7,346,226 6 665,381 443,371 5,402,855 1,400,000 6,802,855 7 698,468 434,971 4,967,884 1,300,000 6,267,884 8 733,332 426,806 4,541,078 1,200,000 5,741,078 9 770,076 418,870 4,122,208 1,100,000 5,222,208 10 808,676 411,090 3,711,118 1,000,000 4,711,118 11 849,110 403,406 3,307,712 900,000 4,207,712 12 891,565 395,866 2,911,846 800,000 3,711,846 13 936,144 388,466 2,523,380 700,000 3,223,380 14 982,951 381,205 2,142,175 600,000 2,742,175 15 1,032,098 374,080 1,768,095 500,000 2,268,095 16 1,083,703 367,088 1,401,007 400,000 1,801,007 17 1,137,888 360,226 1,040,781 300,000 1,340,781 18 1,194,783 353,493 687,288 200,000 887,288 19 1,254,522 346,886 340,402 100,000 440,402 20 1,317,248 340,402 (0) - (0) Other Assumptions:
1. The City will fund the cost of asset retirement
2. The City will retain the equipment post asset retirement Qualifications:
This schedule can be updated to:
- Updated Projected EBITDA estimates, annually and upon termination - Incorporate New Property Investments, annually and upon termination EXHIBIT C - Bellflower Amortization Schedule
SITE SERVICES AGREEMENT – Greencore EV Services, LLC Page 1
EXHIBIT D
SITE SERVICES AGREEMENT
THIS SITE SERVICES AGREEMENT (this “Agreement”) is effective as of 22nd day of August 2022 (the “Effective Date”), by and between the City of Bellflower, a general law city and municipal corporation (“City”) and Greencore EV Services, LLC, a Colorado limited liability company (“Company;”) each a “Party” and collectively the “Parties.” The Parties enter into this Agreement with reference to the following:
A. City owns real property located at 16600 Civic Center Drive, Bellflower, CA 90706, as graphically depicted in attached Exhibit “A,” which is incorporated by reference (the “Property”).
B. City is agreeable to licensing the Property to Company so that Company can build and operate an Electric Vehicle (EV) charging station thereon; and C. Company, through the provision of electric vehicle charging services at the Property, will provide value to City and its inhabitants by attracting electric vehicle drivers to the Property; and
D. City acknowledges the value of having an electric vehicle charging at the Property.
1. Background Information. Company and its affiliates build and operate EV charging stations for electronic vehicles. This includes use of various proprietary technology, intellectual property, and confidential information (the “Process”) and embedded such technology into certain equipment, identified in Exhibit “B,” which is incorporated by reference (the “Equipment”), and together with the Process (collectively the “System”). City has custody of the Property, for which City will issue a license to Company to build and operate the EV charging System (“License”).
2. Definitions.
a. “Bank Account” means Company’s or City’s financial account for sending and receiving funds.
b. “Equipment” means the equipment listed on Exhibit B. c. “Intellectual Property Rights” means all trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognized by the laws of any jurisdiction or country, whether registered or not. d. “Services” means, collectively, all of the services to be provided by Company to City as described in Section 3.
e. “License” means the authority granted by City to Company to build and operate the Station using the System and Equipment on the Property, as defined by the License Agreement.
f. “Specifications” means the plans for installation of the Equipment, as shown on Exhibit “D,” which is incorporated by reference.
SITE SERVICES AGREEMENT – Greencore EV Services, LLC Page 2 g. “Station” means the implementation of the System pursuant to the Specifications on the Property, as set forth in the Agreement.
h. “Terms of Use” means the System’s Terms of Use. The Parties agree to comply with all third-party terms of use and conditions relating to the equipment sourced by Company to fulfill the construction of the Station so long as they are consistent with this Agreement and the separate License.
i. “Users” means third-parties using the Station to charge electric vehicles. j. “WIFI” means wireless connection to the internet using Bellflower Connect, the City’s citywide broadband wireless network, if available.
3. Services. Company will provide the following Services:
a. Operation Services.
i. Company will operate and maintain the Station such that Users will be able to utilize the Station for electric vehicle charging, connecting to WIFI, charging portable electronics, making payments, and otherwise engaging the Services through the System.
ii. Company is responsible for all bookkeeping of records and accounts from User’s use of the Station through the System. Company will charge Users the right amount for using the System and is responsible for the financial management, along with any necessary corrections, reimbursements, and distributions.
iii. Company will provide customer service and relations through the System to Users.
iv. Company is permitted to implement video and other multimedia advertising as part of the Services.
v. The Station, as part of the System, will be the sole source of electric vehicle charging services for Users on the Property.
b. Property Management and Maintenance Services.
i. Company will use reasonable efforts to monitor and take other such action necessary to ensure the effective operations and reasonable safety of the Users in operating the Station.
ii. Company will use reasonable efforts to ensure the Stations are continually operational during normal business hours. City and Users may submit maintenance requests through the System.
SITE SERVICES AGREEMENT – Greencore EV Services, LLC Page 3 iii. Company will have access to the Property at all times, with or without notice, in order to provide the Services, including maintenance activities, in accordance with the License Agreement.
4. Signage; Promotion. Company, at its own cost, may procure and install signage on or about the Property or its surrounding areas for the purpose of advertising, marketing, promoting, and directing Users to the Station upon approval of City’s Public Works Director. City may promote the existence and availability of the Station to the community in various ways, including, without limitation, signage, press releases, newsletters, street banners, and digital media.
5. Intellectual Property.
a. License. City grants Company a limited, non-transferable, revocable, and non- exclusive license, throughout the Term and any subsequent terms, to use the name of the City of Bellflower for signage, marketing, and advertising purposes. b. Ownership. At all times, all rights, title, and interest, including Intellectual Property Rights, to the Process, including all copies, modifications, extensions, and derivative works thereof is owned by Company.
c. Brand; Trademarks.
i. Company grants City a limited, non-transferable, revocable, and non- exclusive license to use any Company tradenames, trademarks, or brand elements, whether registered or not (collectively, “Trademarks”), to install the Signage on or about the Property for the purpose of advertising, marketing, promoting, or directing Users to the Station strictly in compliance with this Agreement. Company reserves the right to review, modify, and approve or reject any and all use of its Trademarks by City without prior notice. ii. City will not use the Trademarks in any manner that would reflect adversely on the image of the Company.
iii. Branding. City acknowledges and authorizes Company to use Company trademarks, and that of a third parties, on and around the station, on equipment, and in general for the purpose of advertising, marketing, promoting, or directing Users to the Station. The Parties understand and approve reasonable branding in and around the station as a means of generating additional revenue.
6. Data. Company will have the right to collect and analyze data and other information relating to and resulting from the provision, use, and performance of the System and related technologies, including any data derived therefrom (“Data”). Company may both during and after the Term to use such information and Data in aggregate or other anonymized form to improve and enhance the System and for other development, diagnostic, and corrective purposes in connection with the System and its components.
SITE SERVICES AGREEMENT – Greencore EV Services, LLC Page 4
7. Fees. All revenue generated by the Station through User generated charging and payments will be obtained and processed by Company or its affiliates and subcontractors, banks and other financial institutions.
a. Annual License Fee. Company will pay City an annual six-thousand-dollar ($6,000) license fee. Payment of the fee is due upon Company’s receipt of final building and public works permits, and an authorization to commence construction from City. b. Percentage Fee. In addition to the above, Company will pay City an additional four percent (4%) of the Earnings before Interest, Taxes, Depreciation and Amortization (“EBITDA”). Payment of the Percentage Fee must be made quarterly to the City beginning at the end of the first quarter of operation of the Station.
8. Term. The term will commence upon the Effective Date and continue for the duration of the License Agreement (the “Initial Term”). Refer to the License Agreement for specific details.
9. Representations and Warranties by Company; Disclaimer. Company represents and warrants the following:
a. Company has the capacity, authority, and know-how to enter into this Agreement and perform its obligations herein.
b. Company owns all rights, title, and interest necessary to grant the rights contained herein.
c. Company will procure all necessary local permits to install and operate the Station.
d. Company will comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement. e. Company’s operations will take reasonable actions to prevent its operations from interfering with any operations of the City on or about the Property. f. COMPANY DOES NOT WARRANT THAT THE SYSTEM WILL BE ERROR FREE OR WITHOUT INTERRUPTION. THE SYSTEM AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR
PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SYSTEM REMAINS WITH CITY. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING THE USE OF SYSTEM. IN NO EVENT WILL
COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER ARISING AS A RESULT OF THE SYSTEM, OR ITS COMPONENTS,
EVEN IF COMPANY HAS KNOWLEDGE OR REASONABLY SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S LIABILITY, WHETHER
IN CONTRACT OR IN TORT, WILL NOT EXCEED THE AMOUNT PAID TO COMPANY BY LICENSEE IN THE SIX MONTHS PRECEDING SUCH ACTION.
SITE SERVICES AGREEMENT – Greencore EV Services, LLC Page 5 Representations and Warranties by City. City represents and warrants the following:
g. City has the capacity, authority, and know-how to enter into this Agreement and perform its obligations herein.
h. City will not modify, reuse, disassemble, decompile, reverse engineer, or otherwise translate the System, its output, or any portion thereof. i. City will comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement. j. City has procured all necessary rights for Company to access the Property and any utilities at any time to provide the Services, and for Users to access the Property to access the electric vehicle charging services; and, by separate agreement, City grants those necessary rights to Company, its affiliates, and Users to make use of the System and the Site.
k. City will keep its right, title, and interest in the Property in good standing pursuant to the License.
10. Mutual Confidentiality. Each Party has disclosed and/or may further disclose its Confidential Information (as defined below) to the other in connection this Agreement. As used herein, the term “Discloser” will refer to the Company whenever the context refers to the Company’s Confidential Information being disclosed to Licensee, which is referred to as “Recipient” in that context. Conversely, the term “Discloser” will refer to Counterparty whenever the context refers to Licensee’s Confidential Information being disclosed to the Company, which is referred to as “Recipient” in that context. a. Definition of Confidential Information. “Confidential Information” means information and physical material not generally known or available outside Discloser and information and physical material entrusted to Discloser in confidence by third-parties.
Confidential Information includes, without limitation: technical data, trade secrets, know- how, research, product or service ideas or plans, software codes and designs, algorithms, developments, inventions, patent applications, laboratory notebooks, processes, formulas, techniques, mask works, engineering designs and drawings, hardware configuration information, agreements with third parties, lists of and information relating to employees and consultants of the Discloser (including, but not limited to, names, contact information, positions, compensation, and expertise), lists of and information relating to suppliers, customers, price lists, pricing methodologies, cost data, market share data, marketing plans, licenses, contract information, business plans, financial forecasts, historical financial data, budgets or other business information disclosed by Discloser (whether by oral, written, graphic or machine-readable format), any notes, analyses, compilations, studies, interpretations, memoranda or other documents prepared by Recipient that contain or are based on Confidential Information and any materials identified in writing as Confidential Information.
SITE SERVICES AGREEMENT – Greencore EV Services, LLC Page 6 b. Nondisclosure of Confidential Information. Recipient will not use any Confidential Information disclosed to it by Discloser for its own use or for any purpose, except as contemplated herein, other than in relation to perform their obligations under this Agreement. Recipient will not disclose or permit disclosure of any Confidential Information of Discloser to third-parties or to employees of Recipient, other than directors, officers, employees, consultants and agents of Recipient who are required to have the information in order to perform obligations under this Agreement. Recipient will take reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Discloser in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized under this Agreement to have any such information. Recipient will notify Discloser of any misuse, misappropriation or unauthorized disclosure of Confidential Information of Discloser that may come to Recipient’s attention.
c. Exceptions. Notwithstanding the above, Recipient will not have liability to Discloser with regard to any Confidential Information that the Recipient can prove:
i. was in the public domain at the time it was disclosed or has entered the public domain through no fault of Recipient;
ii. was lawfully obtained from a third party that had the right to make such disclosure;
iii. was disclosed with prior written permission of the owner; iv. was independently developed by Recipient without the use or benefit of any Confidential Information belonging to the Discloser; or v. was required to be disclosed by operation of law including, without limitation, the California Public Records Act or subpoena issued by a court of competent jurisdiction.
11. Breach. In the event of a Breach of Contract, the aggrieved Party will give written notice of breach to the other Party. If the notified Party does not cure the Breach of Contract, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies available by law.
12. Subcontracting. Company may subcontract with any entity or person concerning the provision of the Services; provided that Company will not be relieved of any of its obligations under this Agreement by the appointment of such subcontractor and that Company will be responsible for all acts of such subcontractor as if such acts were its own.
13. Acceptance of Electronic Signatures. In accordance with Government Code § 16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
SITE SERVICES AGREEMENT – Greencore EV Services, LLC Page 7
14. Governing Law. This License has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this License will be in Los Angeles County.
15. Construction. The Parties acknowledge that they have read this Agreement, have had the opportunity to review it with respective counsel, and have agreed to all its terms. Under these circumstances, the Parties agree that to provision of this Agreement will be construed by any arbitrator, court, or other judicial authority against any Party hereto by reason of such party's being deemed to have drafted or structured such provisions.
16. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this License and to engage in the actions described herein. This License may be modified by written agreement. City’s city manager, or designee, may execute any such amendment on behalf of City.
17. Notices. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this License or by law to be served on or given to either party to this License by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to LICENSEE at:
Chief of Operations
16748 E. Smoky Hill Road 9C, Suite 311,
Centennial, CO 80015
Attn: David J. Wollman, Esq.
Email: [email protected]
with a copy to: [email protected]
or to City at:
City Manager
16600 Civic Center Drive
Bellflower, CA 90706
Either party may change its address for the purpose of this Section by giving written notice of the change to the other party.
18. Severability. If one or more provisions of this Agreement are held to be unenforceable under applicable law, the Parties agree to renegotiate such provision in good faith. In the event that the Parties cannot reach a mutually agreeable and enforceable replacement for s uch provision, then (a) such provision will be excluded from this Agreement, (b) the balance of the Agreement will be interpreted as if such provision were so excluded and (c) the balance of the Agreement will be enforceable in accordance with its terms.
SITE SERVICES AGREEMENT – Greencore EV Services, LLC Page 8
19. Force Majeure. Company is not responsible for any loss, damages, costs, claims, or expenses that may be incurred as a result of its delay in or failure to perform its obligations where such delay or failure is due to causes beyond Company’s control, including pandemics, fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, Internet outages, computer errors, electronic outages, third party system errors, acts of God, and acts of government.
20. Entire Agreement. This Agreement, is part of a larger group of documents, including the base License Agreement referred to therein and this Agreement is incorporated therein. The entire package of documents comprises the entire agreement and understanding of the Parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings, and agreements, whether oral or written, between them relating to the subject matter hereof. The Parties agree to incorporate the exhibits of this Agreement by reference herein.
Exhibit A - Site
Exhibit B – Equipment
Exhibit C - Specifications
21. Counterparts. This Agreement may be executed in any number of counterparts, including electronic, each of which when so executed and delivered will be deemed an original, and all of which together will constitute one and the same Agreement.
[Signatures to follow]
SIGNATURE PAGE TO SITE SERVICES AGREEMENT – Greencore Asset Management LLC
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER GREENCORE EV SERVICES, LLC
Jeffrey L. Stewart, City Manager Terrance Mendez, Chief Executive Officer
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
Taxpayer ID No. 84-3903264
EXHIBIT TO SITE SERVICES AGREEMENT – Greencore Asset Management LLC
EXHIBIT A
SITE
Refer to Exhibit A of the License Agreement, incorporated herein by reference.
EXHIBIT TO SITE SERVICES AGREEMENT – Greencore Asset Management LLC
EXHIBIT B
EQUIPMENT
TBD. The equipment will be selected based upon a variety of factors. It will be agreed upon by the Parties before installation and will meet the needs and specifications of the Parties to run the System at the Site in a safe and effective manner to allow the Users to charge their EVs.
EXHIBIT TO SITE SERVICES AGREEMENT – Greencore Asset Management LLC
EXHIBIT C
SPECIFICATIONS
City of Bellflower One Sheet Summary
Reference: presentation EV Charging in Bellflower with GreenCore 20220607
The following is a summary of the proposal for the City of Bellflower from GreenCore.
GreenCore proposes to build and operate, as requested by the city, an ADA compliant 8-Stall Solar Electric Vehicle (EV) Charging Plaza with two "pull-thru" stalls for vehicles with trailers can be located within the boundaries of the existing parking lot. The plaza will be covered with a solar canopy; the solar energy will be stored in a 400KW 100% recyclable battery system. The site will also feature four large video displays for driver information and advertising. All stalls will accommodate oversized commercial vehicles.
Terms and Specifications:
• Cost to City: $0
• Revenue for City: $6,000 per year plus 4% of the EBITDA, (Licensing Fee) estimated at ~$282k over 10 years
• Location: 16600 Civic Center Plaza, Bellflower, CA 90706
• Existing Parking Spaces Required: 12
• Proposed EV Parking Stalls: 8
• Proposed Truck/Trailer Stalls: 2 Combo Stalls
• Parking Spaces for Chargers: 0
• Parking Spaces for ADA: 1
• Parking Spaces for Equipment: 0
• Net Parking Stall Impact: 12
• Net Loss of Parking Spaces: 4
• Power Level of EV Chargers: 150 Kilowatt Each
• License Duration: 20 years, renewable
• Cost to GreenCore (Initial) $2,000,000 Site Commissioning • Estimated Operating Cost Variable (See Financials)
• Estimated Start Date for Build 1st Quarter 2023
Other Factors of Consideration:
• Advertising - The EV Site will include four (4) monitors that present streaming information, including some advertising revenue. GreenCore will dedicate 2-hours of free time per day of content from the City of Bellflower (content provided for by the city). This can be used for public announcements and other important data. The City can purchase additional airtime for broadcasting, as determined by our advertising business partners.
EXHIBIT TO SITE SERVICES AGREEMENT – Greencore Asset Management LLC • Branding – The sites will be branded with the name of the business partners that fund the site for development. The City can purchase enhanced co-branding, as desired.
• City Fleet Charging – As the City makes investments in EVs’, GreenCore’s site will be made available for City Fleet Charging at cost plus a fixed network management fee of $7.00 per charge (a built-in discount off our normal profit per charge of up to 50%)
• License (“Right to Use”) Term – to secure site funding and a reasonable return on the $2,000,000 investment plus estimated operating costs, the City and GreenCore will enter into a License to use the Property with a term of 20 years.
• Shared Cleaning and Maintenance – GreenCore will cover the cost of maintenance of the site and clean the equipment (i.e., solar panels) to keep them operating effectively. The City of Bellflower will continue to clean and maintain the surrounding parking area.
• Permitting – GreenCore will apply for all required permitting with the city and county. We will ask for the assistance of the City to complete and expedite the permitting process.
• Utility and Inspections – GreenCore will need to install electrical utility lines and the necessary equipment to operate the EV charging system. Once installed, prior to completing the work, an inspection is required. The City will work with GreenCore to facilitate this effort.
• Services – GreenCore will be responsible for providing customer service support.
If the City is informed about any issues with the EV charging site or its operations, the City will promptly inform GreenCore so that appropriate corrective action can be taken.
• Energy Operations – neither the City, nor GreenCore can control the electrical grid and any issues that may arise. GreenCore will install 400KW 100% recyclable battery system and solar panels to help offset electrical grid downtime. It will also help in reducing costs to customers and reducing operating costs by allowing storage of energy during off-peak hours. If energy is out for a prolonged period, the site will become operational and neither party will be responsible for any cessation of operations.
• Modifications and Upgrades – as EV charging technology is rapidly developing, newer charging systems will become available. If GreenCore determines it is better to install an upgraded EV charging technology or other system upgrades, the City will support any upgrades, at no cost to the City.
EXHIBIT TO SITE SERVICES AGREEMENT – Greencore Asset Management LLC
• Free Charging for City Employees. One EV charging space will be reserved for City employees to charge their EVs. The City and Company agree that so long as an employee is charging only one vehicle in one stall, that the employee is the owner or Company of that personal vehicle, and that the vehicle is moved within 10 minutes of completing a charge, City employees may charge their vehicles for free. The manner of making it free will be negotiated by the Parties, which may include a rebate using the Charging Station App, additional payment to the City, or some other means to ensure the charging of personal vehicles belonging to City Employees is free.
10-H
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to approve Mayor Dunton’s reappointment of Robert “Bob” Wilson to the Bellflower Unified School District’s Citizens’ Task Force for the 2022-2023 School Year.
DATE: August 24, 2022
RECOMMENDATION TO CITY COUNCIL
1) Approve Mayor Dunton’s reappointment of Robert “Bob” Wilson to the Bellflower Unified School District’s Citizens’ Task Force for the 2022-2023 School Year; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
BACKGROUND
The Bellflower Unified School District’s Citizens’ Task Force is a committee comprised of community organizations and school representatives that provides input on instructional programs. A representative is selected by the Mayor annually to serve on this Task Force.
Mr. Robert “Bob” Wilson has been the City’s representative on the Bellflower Unified School District’s Citizens’ Task Force since 2013 and has expressed an interest in continuing to serve on the Task Force.
ATTACHMENT
Correspondence from Bellflower Unified School District ................................................ 2
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to approve CR&R Incorporated’s 2022 annual rate adjustment request for solid waste collection services.
DATE: August 24, 2022
EXECUTIVE SUMMARY
This action would approve CR&R’s 2022 annual rate adjustment request, based on percentage changes to the indices specified in Agreement File No. 399.2 (the “Franchise Agreement”) and the Proposition 218 estimated rates for Rate Year 2022.
RECOMMENDATION TO CITY COUNCIL
1) Approve CR&R’s 2022 annual rate adjustment request; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The recommended action to approve the 2022 annual rate adjustment request would moderately increase solid waste rates charged to customers. The City receives a franchise fee from CR&R to reimburse the City for various costs including, without limitation, administrative oversight and contract management, solid waste handling, and solid waste truck impacts on the City’s streets.
BACKGROUND
On April 11, 2011, the City entered into Revised and Restated Franchise Agreement File No. 399.2 with CR&R for Solid Waste Management Services (the “Franchise Agreement”). Those services include, without limitation, residential automated curbside collection, multifamily and commercial refuse and recyclable bin collection, and roll-off refuse and recyclable material processing and collection. The Franchise Agreement set the initial maximum rates that CR&R could charge and it allows for CR&R to submit annual rate adjustment requests, in writing, in accordance with a methodology established by the Franchise Agreement, which takes into account changes in indexes for labor, fuel, equipment, disposal, transformation, and all urban consumers.
10-I
Staff Report – 2022 Solid Waste Rate Adjustment
August 24, 2022
BACKGROUND – Continued
The annual rate adjustment requests are subject to the City Council’s approval; however, the City Council’s discretion is limited to determining whether the adjustment request accurately reflects the Franchise Agreement’s methodology. The most recent rate adjustment was implemented on September 1, 2021, for Rate Year 2021, which runs from September 1, 2021, through August 31, 2022.
On June 15, 2022, CR&R submitted an annual rate adjustment request for Rate Year 2022, which runs from September 1, 2022, through August 31, 2023.
ANALYSIS
1. 2022 Proposed Rates. Based on staff’s review of CR&R’s annual rate adjustment request, we found that CR&R accurately implemented the adjustment methodology contained in the Franchise Agreement and that CR&R’s proposed rates do not exceed the Proposition 218 estimated rates for Rate Year 2022; resulting in the following percentage changes to the service categories:
Service Category Percent Change
Cart 3.6%
Bin 3.3%
Roll-off Box – Service 5.0%
Roll-off Box – Processing 3.8%
Based on the percentage changes above, the impact on the typical monthly charges would be as follows:
Service Current Rate New Rate (September 1, 2022) Standard Cart $ 26.85 $27.82
3-yard Bin, once a week $211.88 $218.80
2. Proposition 218 Proceedings. The rates proposed by CR&R are below the maximum rates approved pursuant the 3-year Proposition 218 protest proceeding that was held on March 22, 2021. Therefore, a Proposition 218 proceeding is not required as part of the 2022 rate adjustment. The maximum rates approved as part of that proceeding remain valid until August 31, 2024.
ATTACHMENTS
CR&R 2022 Annual Rate Adjustment Request...……………… ....................................... 3 2022 Solid Waste Rate Schedule .................................................................................. 11
June 15, 2022
Mr. Len Gorecki
Director of Public Works
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
Re: Annual Solid Waste and Recycling Rate Adjustment Request - 2022
Mr. Gorecki:
As provided for in Article 6, Sections 6.3 through 6.6 of the Restated Franchise Agreement and Amendments between the City of Bellflower and CR&R Incorporated for Integrated Solid Waste Management Services, CR&R is requesting to start the rate adjustment process for the September 1, 2022 rate year. The methodology used to adjust rates reflects the prior twelve- month change in CPI and PPI indexes. The comparison used is the annual change in March index of the prior year to the current year.
Copies of the indexes and supporting notices are included as well as the Excel file calculations with the 2022-23 Rate Exhibit beginning September 1, 2022. Per procedures established in prior years, we have provided disposal tonnage information between the various landfill sites.
To note, the transformation program ended last year and no longer factored in the rate adjustment calculation. Rates for services not listed in the attached worksheets will be adjusted according to the percentage change within each service type category.
With your review and approval, the adjustments will be implemented as of September 1, 2022 billing. Should anything further be needed, please do not hesitate to call.
Respectfully submitted,
Chrystal Denning
Regional Vice President
cc: Jeff Stewart
Bernardo Iniguez
Ingrid Zaragoza
Encl.
A B C D
Line
Adjustment Factor Index Old Index Value New Index Value Percent Change In
Index (Column B /
Column A - 1)
Maximum Allowed
Percentage Change
1 Labor (1)155.30 161.79 4.2%100.0% 2 Fuel (2)154.20 175.30 13.7%8.5% 3 Equipment (3)152.90 154.75 1.2%100.0% 4 Disposal - landfill (4)33.10 33.93 2.5%8.5% 5 Disposal - surcharge - - 0.0%100.0% 6 Transformation (5)100.00 100.00 0.0%100.0% 7 All Other (6)264.877 287.504 8.5%100.0%
E F G H
Line
Adjustment Factor Index
Initial Cost
Component (8)
Cost Factor
Category Weighted
as % of Component
Total (9)
Percent Change in
Index (from lower of
Column C or D)
Total Weighted
Change
8 Labor (1)24.1%4.2%1.0%
9 Fuel (2)3.1%8.5%0.3%
10 Equipment (3)15.1%1.2%0.2%
11 Disposal (4)9.9%2.5%0.2%
12 Disposal - surcharge 0.0%0.0%0.0%
13 Transformation (5)23.2%0.0%0.0%
14 All Other (6)24.5%8.5%2.1%
15 Total 100%3.8%
I J K L
Line Rate Category
Current Customer
Rate
Total Weighted
Percentage Change
(from Column H)
Rate Increase or
Decrease
(Column I x Column
J)
Adjusted Monthly
Rate (Column I +
Column K)
17 Standard Service 23.90$ 3.8%0.91$ 24.81$ 37 Extra Refuse Cart 9.45$ 3.8%0.36$ 9.81$ 18 Extra Recycling Cart 3.94$ 3.8%0.15$ 4.09$ 19 Extra Green Waste Cart 3.94$ 3.8%0.15$ 4.09$ 20 Special Pickup 7.88$ 3.8%0.30$ 8.18$
M N O P Q
Line
Adjustment Factor Index
Cost Component
(Column F)
Percentage Change
as Applied to Rate
Adjustment (Column
G)
Increase In Cost
Components
(Column M x
Column N)
Cost Component
Increased (Column
M + Column N)
Cost Components
Reweighed to Equal
100%
20 Labor (1)24.1%4.2%1.0%25.1%24.2%
21 Fuel (2)3.1%8.5%0.3%3.4%3.3%
22 Equipment (3)15.1%1.2%0.2%15.3%14.7%
23 Disposal (4)9.9%2.5%0.2%10.2%9.8%
24 Disposal - surcharge 0.0%0.0%0.0%0.0%0.0%
25 Transformation (5)23.2%0.0%0.0%23.2%22.3%
26 All other (6)24.5%8.5%2.1%26.6%25.7%
27 Total 100.0%103.8%100.0%
(1)Employment Cost Index, PCU562111562111, waste collection, waste collection (2)PPI, WPU0531 not seasonally adjusted, Fuels and related products and power, Natural gas, effective 9/1/15 (3)PPI, PCU336120336120, Heavy duty truck mfg
(4)Gate rate at Disposal Site, capped at CPI from line item 6. (5)Gate rate at transformation facility
(6)CPI for All Urban Consumers (CIP-U), CUUR0000SA0, all items index - US city average Step Four: Reweight Cost Components
Bellflower
2022 Rate Adjustment
Single Family Rate Calculation (Excluding Franchise Fee) Step One: Calculate percentage change in indices
Step Two: Determine Components
Step Three: Apply percentage change to rates
A B C D
Line
Adjustment Factor Index Old Index Value New Index Value Percent Change In
Index (Column B /
Column A - 1)
Maximum Allowed
Percentage Change
1 Labor (1)155.3 161.8 4.2%100.0% 2 Fuel (2)154.2 175.3 13.7%8.5% 3 Equipment (3)152.9 154.8 1.2%100.0% 4 Disposal (4)33.10 33.93 2.5%8.5% Disposal - surcharge - - 100.0% 5 Transformation (5)100.00 100.00 0.0%100.0% 6 All Other (6)264.877 287.504 8.5%100.0%
E F G H
Line
Adjustment Factor Index
Initial Cost
Component (8)
Cost Factor
Category Weighted
as % of Component
Total (9)
Percent Change in
Index (from lower of
Column C or D)
Total Weighted
Change
7 Labor (1)19.4%4.2%0.8%
8 Fuel (2)2.5%8.5%0.2%
9 Equipment (3)12.1%1.2%0.1%
10 Disposal (4)25.7%2.5%0.6%
Disposal - surcharge 0.0%0.0%0.0%
11 Transformation (5)20.1%0.0%0.0%
12 All Other (6)20.2%8.5%1.7%
13 Total - 100%3.40%
I J K L
Line Rate Category
Current Customer
Rate
Total Weighted
Percentage Change
(from Column H)
Rate Increase or
Decrease
(Column I x Column
J)
Adjusted Monthly
Rate (Column I +
Column K)
14 3 yard bin, 1 pickup / week 188.57$ 3.4%6.41$ 194.98$ 15 3 yard bin, 2 pickups / week 267.10$ 3.4%9.08$ 276.18$ 17 3 yard bin, 3 pickups / week 345.66$ 3.4%11.75$ 357.41$ 17 3 yard bin, 4 pickups / week 425.22$ 3.4%14.46$ 439.68$ 18 3 yard bin, 5 pickups / week 491.97$ 3.4%16.73$ 508.70$ 19 3 yard bin, 6 pickups / week 570.48$ 3.4%19.40$ 589.88$ 20 Bulky Item Pickup 31.35$ 3.4%1.07$ 32.42$ 21 Temporary Bin 100.39$ 3.4%3.41$ 103.80$
M N O P Q
Line
Adjustment Factor Index
Cost Component
(Column F)
Percentage Change
as Applied to Rate
Adjustment (Column
G)
Increase In Cost
Components
(Column M x Column
N)
Cost Component
Increased (Column
M + Column N)
Cost Components
Reweighed to Equal
100%
19 Labor (1)19.4%4.2%0.8%20.2%19.5%
20 Fuel (2)2.5%8.5%0.2%2.7%2.6%
21 Equipment (3)12.1%1.2%0.1%12.2%11.8%
22 Disposal (4)25.7%2.5%0.6%26.4%25.5%
Disposal - surcharge 0.0%0.0%0.0%0.0%0.0%
23 Transformation (5)20.1%0.0%0.0%20.1%19.4%
24 All other (6)20.2%8.5%1.7%22.0%21.2%
25 Total 100.0%103.5%100.0%
(1)Employment Cost Index, PCU562111562111, waste collection, waste collection (2)PPI, WPU0531 not seasonally adjusted, Fuels and related products and power, Natural gas, effective 9/1/15 (3)PPI, PCU336120336120, Heavy duty truck mfg
(4)Gate rate at Disposal Site, capped at CPI from line item 6. (5)Gate rate at transformation facility
(6)CPI for All Urban Consumers (CIP-U), CUUR0000SA0, all items index - US city average Step Four: Reweight Cost Components
Bellflower
2022 Rate Adjustment
Bin Rate Calculation (Excluding Franchise Fee)
Step One: Calculate percentage change in indices
Step Two: Determine Components
Step Three: Apply percentage change to rates
A B C
Line
Adjustment Factor Index Old Index Value New Index Value Percent Change In
Index (Column B /
Column A - 1)
1 Service Component (Pull Rate)
2 Labor (1)155.3 161.8 4.2% 3 Fuel (2)154.2 175.3 13.7% 4 Equipment (3)152.9 154.8 1.2% 5 All Other (4)264.877 287.504 8.5% 6 Processing Cost Components (4)264.877 287.504 4.0%
D E F G
Line
Adjustment Factor Index
Initial Cost
Component (6)
Cost Factor
Category Weighted
as % of Component
Total (7)
Percent Change in
Index (from Step
One, Column C)
Total Weighted
Change
7 Service Component (Pull Rate)
8 Labor (1)35.8%4.2%1.5%
9 Fuel (2)4.8%8.5%0.4%
10 Equipment (3)22.0%1.2%0.3%
11 All Other (4)37.3%8.5%3.2%
12 Service Component Total -$ 100.0%n/a 5.4% 13 Processing Cost Components (4)100.0%4.0%4.0%
H I J K
Line Rate Category
Current Monthly
Customer Rate
Total Weighted
Percentage Change
(from Column G)
Rate Increase or
Decrease (Column I
x Column J)
Adjusted Monthly
Rate (Column I +
Column K)
14 Standard Roffoff Box 170.44$ 5.4%9.20$ 179.64$ 15 Compactor Rolloff Box 213.13$ 5.4%11.51$ 224.64$ 17 Mixed Waste Processing / Ton 65.67$ 4.0%2.63$ 68.30$ 17 Inert C&D Processing / Ton 17.28$ 4.0%0.69$ 17.97$ 18 Recyclables Processing / Ton -$ 4.0%-$ -$ 19 Green Waste Processing / Ton 43.18$ 4.0%1.73$ 44.91$ 20 Organics Processing / Ton 101.17$ 4.0%4.05$ 105.22$
L M N O P
Line
Adjustment Factor Index
Cost Component
(Column F)
Percentage Change
as Applied to Rate
Adjustment (Column
G)
Increase In Cost
Components
(Column L x Column
M)
Cost Component
Increased (Column L
+ Column N)
Cost Components
Reweighed to Equal
100%
20 Labor (1)35.8%4.2%1.5%37.3%35.4%
21 Fuel (2)4.8%8.5%0.4%5.3%5.0%
22 Equipment (3)22.0%1.2%0.3%22.3%21.1%
23 All Other (4)37.3%8.5%3.2%40.5%38.5%
24 Total 100.0%105.4%100.0%
(1)Employment Cost Index, PCU562111562111, waste collection, waste collection (2)PPI, WPU0531 not seasonally adjusted, Fuels and related products and power, Natural gas, effective 9/1/15 (3)PPI, PCU336120336120, Heavy duty truck mfg
(4)CPI for All Urban Consumers (CIP-U), CUUR0000SA0, all items index - US city average Step Four: Reweight Cost Components
Bellflower
2022 Rate Adjustment
Rolloff Rate Calculation (Excluding Franchise Fee)
Step One: Calculate percentage change in indices
Step Two: Determine Components
Step Three: Apply percentage change to rates, up to 3%
6/14/22, 2:37 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Change Output Options:From: 2012 To: 2022
include graphs include annual averages
Data extracted on: June 14, 2022 (5:37:25 PM)
PPI Industry Data
Series Id:PCU562111562111
Series Title:PPI industr y data for Solid waste collection, not seasonally adjusted Industry:Solid waste collection
Product:Solid waste collection
Base Date:200312
Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2012 121.4 121.6 122.3 122.5 122.2 121.8 121.7 122.1 122.4 122.6 122.7 122.5 122.1 2013 123.3 123.5 123.8 124.0 123.5 123.6 123.8 124.5 124.8 124.8 124.9 124.7 124.1 2014 125.3 125.7 126.3 126.5 126.4 126.3 126.9 127.7 128.2 128.6 128.4 128.1 127.0 2015 128.2 128.3 128.7 128.9 128.5 128.0 127.7 128.8 128.7 128.9 129.0 128.3 128.5 2016 129.8 130.4 131.7 132.6 132.8 132.7 132.6 133.1 133.2 133.0 132.5 132.3 132.2 2017 132.7 133.2 133.8 135.0 134.9 134.9 135.1 135.5 136.7 137.2 137.0 137.0 135.3 2018 138.7 139.9 140.7 141.7 141.0 140.3 140.6 141.1 141.3 141.6 141.6 141.5 140.8 2019 142.3 142.9 145.5 145.9 144.8 144.3 144.7 145.3 145.6 145.9 146.2 146.3 145.0 2020 147.8 148.5 149.9 150.2 149.6 148.3 148.5 149.2 150.3 151.5 151.5 151.0 149.7 2021 151.9 153.3 155.3 155.5 154.4 153.7 153.682 154.194 154.781 156.182 156.292 156.451 154.640 2022 157.216 159.419(P)161.793(P)163.654(P)163.583(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months a er original publication.
12-Month Percent Change
Series Id:PCU562111562111
Series Title:PPI industr y data for Solid waste collection, not seasonally adjusted Industry:Solid waste collection
Product:Solid waste collection
Base Date:200312
Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2012 2.1 2.0 1.4 1.5 0.9 1.2 1.2 1.2 0.9 0.9 1.1 1.3 1.2 2013 1.6 1.6 1.2 1.2 1.1 1.5 1.7 2.0 2.0 1.8 1.8 1.8 1.6 2014 1.6 1.8 2.0 2.0 2.3 2.2 2.5 2.6 2.7 3.0 2.8 2.7 2.3 2015 2.3 2.1 1.9 1.9 1.7 1.3 0.6 0.9 0.4 0.2 0.5 0.2 1.2 2016 1.2 1.6 2.3 2.9 3.3 3.7 3.8 3.3 3.5 3.2 2.7 3.1 2.9 2017 2.2 2.1 1.6 1.8 1.6 1.7 1.9 1.8 2.6 3.2 3.4 3.6 2.3 2018 4.5 5.0 5.2 5.0 4.5 4.0 4.1 4.1 3.4 3.2 3.4 3.3 4.1 2019 2.6 2.1 3.4 3.0 2.7 2.9 2.9 3.0 3.0 3.0 3.2 3.4 3.0 2020 3.9 3.9 3.0 2.9 3.3 2.8 2.6 2.7 3.2 3.8 3.6 3.2 3.2 2021 2.8 3.2 3.6 3.5 3.2 3.6 3.5 3.3 3.0 3.1 3.2 3.6 3.3 2022 3.5 4.0(P)4.2(P)5.2(P)5.9(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months a er original publication.
U.S. BUREAU OF LABOR STATISTICS
U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202-691-5200 Telecommunications Relay Service:7-1-1 www.bls.gov Contact Us
5/27/22, 2:35 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Change Output Options:From: 2012 To: 2022
include graphs include annual averages
Data extracted on: May 27, 2022 (5:35:08 PM)
PPI Commodity Data
Series Id:WPU0531
Not Seasonally Adjusted
Series Title:PPI Commodity data for Fuels and related products and power-Natural gas, not seasonally adjusted Group:Fuels and related products and power
Item:Natural gas
Base Date:198200
Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2012 132.4 115.3 104.7 92.3 89.4 102.1 115.6 125.9 115.4 126.2 143.5 152.3 117.9 2013 143.1 138.2 144.2 163.9 172.2 170.1 155.6 146.8 149.8 149.5 150.0 163.2 153.9 2014 180.7 235.1 210.3 194.7 193.4 186.7 179.6 159.5 162.8 160.4 155.1 170.5 182.4 2015 127.6 114.7 115.8 101.1 101.0 108.8 109.4 112.1 104.5 99.6 84.6 85.4 105.4 2016 93.6 84.0 64.4 70.2 75.0 82.3 113.5 105.9 113.0 114.4 106.0 132.5 96.2 2017 156.2 133.0 103.8 120.4 119.8 120.3 115.1 111.8 111.6 108.8 106.6 116.7 118.7 2018 112.6 125.5 94.1 96.0 100.1 103.1 105.4 104.0 104.9 108.3 126.0 165.5 112.1 2019 126.9 102.4 96.6 84.3 80.2 76.6 74.2 70.6 75.1 72.6 85.4 81.3 85.5 2020 70.7 59.7 55.4 48.5 59.9 56.3 53.3 64.2 77.2 68.8 97.4 98.5 67.5 2021 98.0 168.2 110.4 98.8 112.0 113.7 139.159 152.782 172.735 216.688 224.853 192.179 149.951 2022 176.755(P)228.944(P)175.297(P)204.869(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months a er original publication.
12-Month Percent Change
Series Id:WPU0531
Not Seasonally Adjusted
Series Title:PPI Commodity data for Fuels and related products and power-Natural gas, not seasonally adjusted Group:Fuels and related products and power
Item:Natural gas
Base Date:198200
Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2012 -26.3 -37.0 -36.5 -48.3 -51.0 -44.5 -37.2 -31.0 -30.9 -20.3 -3.2 5.5 -31.2 2013 8.1 19.9 37.7 77.6 92.6 66.6 34.6 16.6 29.8 18.5 4.5 7.2 30.5 2014 26.3 70.1 45.8 18.8 12.3 9.8 15.4 8.7 8.7 7.3 3.4 4.5 18.5 2015 -29.4 -51.2 -44.9 -48.1 -47.8 -41.7 -39.1 -29.7 -35.8 -37.9 -45.5 -49.9 -42.2 2016 -26.6 -26.8 -44.4 -30.6 -25.7 -24.4 3.7 -5.5 8.1 14.9 25.3 55.2 -8.7 2017 66.9 58.3 61.2 71.5 59.7 46.2 1.4 5.6 -1.2 -4.9 0.6 -11.9 23.4 2018 -27.9 -5.6 -9.3 -20.3 -16.4 -14.3 -8.4 -7.0 -6.0 -0.5 18.2 41.8 -5.6 2019 12.7 -18.4 2.7 -12.2 -19.9 -25.7 -29.6 -32.1 -28.4 -33.0 -32.2 -50.9 -23.7 2020 -44.3 -41.7 -42.7 -42.5 -25.3 -26.5 -28.2 -9.1 2.8 -5.2 14.1 21.2 -21.1 2021 38.6 181.7 99.3 103.7 87.0 102.0 161.1 138.0 123.8 215.0 130.9 95.1 122.1 2022 80.4(P)36.1(P)58.8(P)107.4(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months a er original publication.
U.S. BUREAU OF LABOR STATISTICS
U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202-691-5200 Telecommunications Relay Service:7-1-1 www.bls.gov Contact Us
5/27/22, 2:36 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Change Output Options:From: 2012 To: 2022
include graphs include annual averages
Data extracted on: May 27, 2022 (5:36:37 PM)
PPI Industry Data
Series Id:PCU336120336120
Series Title:PPI industr y data for Heavy duty truck mfg, not seasonally adjusted Industry:Heavy duty truck mfg
Product:Heavy duty truck mfg
Base Date:200312
Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2012 133.6 133.9 133.9 134.4 134.6 134.8 134.7 134.7 134.7 134.7 135.3 135.5 134.6 2013 136.1 135.8 135.6 135.2 136.1 136.9 137.1 136.8 136.9 138.0 138.6 138.3 136.8 2014 138.8 139.3 139.4 139.1 139.1 139.2 139.1 139.4 139.5 139.7 139.8 139.7 139.3 2015 140.7 140.9 141.9 141.9 141.8 141.8 142.3 142.4 142.5 142.6 142.7 142.9 142.0 2016 144.3 144.3 144.3 144.7 144.9 144.6 144.7 144.8 145.2 145.0 145.3 145.5 144.8 2017 147.9 147.6 147.5 148.2 148.3 147.3 147.6 147.8 147.4 147.0 147.4 147.6 147.6 2018 147.7 148.5 148.8 148.5 148.9 148.9 149.3 150.4 150.3 150.4 150.4 150.4 149.4 2019 150.6 150.6 150.6 150.6 150.6 150.6 151.2 151.2 151.2 151.1 151.1 151.1 150.9 2020 151.8 151.8 151.8 151.8 151.8 151.8 152.7 152.7 152.7 152.8 152.8 152.9 152.3 2021 152.9 152.9 153.0 153.2 153.2 153.5 153.499 153.835 153.835 153.888 154.071 154.071 153.497 2022 154.695(P)154.750(P)154.750(P)154.750(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months a er original publication.
12-Month Percent Change
Series Id:PCU336120336120
Series Title:PPI industr y data for Heavy duty truck mfg, not seasonally adjusted Industry:Heavy duty truck mfg
Product:Heavy duty truck mfg
Base Date:200312
Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2012 2.5 2.9 2.9 3.3 3.1 3.2 2.6 2.6 2.5 1.7 2.0 2.1 2.6 2013 1.9 1.4 1.3 0.6 1.1 1.6 1.8 1.6 1.6 2.4 2.4 2.1 1.6 2014 2.0 2.6 2.8 2.9 2.2 1.7 1.5 1.9 1.9 1.2 0.9 1.0 1.8 2015 1.4 1.1 1.8 2.0 1.9 1.9 2.3 2.2 2.2 2.1 2.1 2.3 1.9 2016 2.6 2.4 1.7 2.0 2.2 2.0 1.7 1.7 1.9 1.7 1.8 1.8 2.0 2017 2.5 2.3 2.2 2.4 2.3 1.9 2.0 2.1 1.5 1.4 1.4 1.4 1.9 2018 -0.1 0.6 0.9 0.2 0.4 1.1 1.2 1.8 2.0 2.3 2.0 1.9 1.2 2019 2.0 1.4 1.2 1.4 1.1 1.1 1.3 0.5 0.6 0.5 0.5 0.5 1.0 2020 0.8 0.8 0.8 0.8 0.8 0.8 1.0 1.0 1.0 1.1 1.1 1.2 0.9 2021 0.7 0.7 0.8 0.9 0.9 1.1 0.5 0.7 0.7 0.7 0.8 0.8 0.8 2022 1.2(P)1.2(P)1.1(P)1.0(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months a er original publication.
U.S. BUREAU OF LABOR STATISTICS
U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202-691-5200 Telecommunications Relay Service:7-1-1 www.bls.gov Contact Us
5/27/22, 2:38 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Change Output Options:From: 2012 To: 2022
include graphs include annual averages
Data extracted on: May 27, 2022 (5:37:57 PM)
CPI for All Urban Consumers (CPI-U)
Series Id:CUUR0000SA0
Not Seasonally Adjusted
Series Title:All items in U.S. city average, all urban consumers, not seasonally adjusted Area:U.S. city average
Item:All items
Base Period:1982-84=100
Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2012 226.665 227.663 229.392 230.085 229.815 229.478 229.104 230.379 231.407 231.317 230.221 229.601 229.594 228.850 230.338 2013 230.280 232.166 232.773 232.531 232.945 233.504 233.596 233.877 234.149 233.546 233.069 233.049 232.957 232.366 233.548 2014 233.916 234.781 236.293 237.072 237.900 238.343 238.250 237.852 238.031 237.433 236.151 234.812 236.736 236.384 237.088 2015 233.707 234.722 236.119 236.599 237.805 238.638 238.654 238.316 237.945 237.838 237.336 236.525 237.017 236.265 237.769 2016 236.916 237.111 238.132 239.261 240.229 241.018 240.628 240.849 241.428 241.729 241.353 241.432 240.007 238.778 241.237 2017 242.839 243.603 243.801 244.524 244.733 244.955 244.786 245.519 246.819 246.663 246.669 246.524 245.120 244.076 246.163 2018 247.867 248.991 249.554 250.546 251.588 251.989 252.006 252.146 252.439 252.885 252.038 251.233 251.107 250.089 252.125 2019 251.712 252.776 254.202 255.548 256.092 256.143 256.571 256.558 256.759 257.346 257.208 256.974 255.657 254.412 256.903 2020 257.971 258.678 258.115 256.389 256.394 257.797 259.101 259.918 260.280 260.388 260.229 260.474 258.811 257.557 260.065 2021 261.582 263.014 264.877 267.054 269.195 271.696 273.003 273.567 274.310 276.589 277.948 278.802 270.970 266.236 275.703 2022 281.148 283.716 287.504 289.109
12-Month Percent Change
Series Id:CUUR0000SA0
Not Seasonally Adjusted
Series Title:All items in U.S. city average, all urban consumers, not seasonally adjusted Area:U.S. city average
Item:All items
Base Period:1982-84=100
Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2012 2.9 2.9 2.7 2.3 1.7 1.7 1.4 1.7 2.0 2.2 1.8 1.7 2.1 2.3 1.8 2013 1.6 2.0 1.5 1.1 1.4 1.8 2.0 1.5 1.2 1.0 1.2 1.5 1.5 1.5 1.4 2014 1.6 1.1 1.5 2.0 2.1 2.1 2.0 1.7 1.7 1.7 1.3 0.8 1.6 1.7 1.5 2015 -0.1 0.0 -0.1 -0.2 0.0 0.1 0.2 0.2 0.0 0.2 0.5 0.7 0.1 -0.1 0.3 2016 1.4 1.0 0.9 1.1 1.0 1.0 0.8 1.1 1.5 1.6 1.7 2.1 1.3 1.1 1.5 2017 2.5 2.7 2.4 2.2 1.9 1.6 1.7 1.9 2.2 2.0 2.2 2.1 2.1 2.2 2.0 2018 2.1 2.2 2.4 2.5 2.8 2.9 2.9 2.7 2.3 2.5 2.2 1.9 2.4 2.5 2.4 2019 1.6 1.5 1.9 2.0 1.8 1.6 1.8 1.7 1.7 1.8 2.1 2.3 1.8 1.7 1.9 2020 2.5 2.3 1.5 0.3 0.1 0.6 1.0 1.3 1.4 1.2 1.2 1.4 1.2 1.2 1.2 2021 1.4 1.7 2.6 4.2 5.0 5.4 5.4 5.3 5.4 6.2 6.8 7.0 4.7 3.4 6.0 2022 7.5 7.9 8.5 8.3
U.S. BUREAU OF LABOR STATISTICS
U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202-691-5200 Telecommunications Relay Service:7-1-1 www.bls.gov Contact Us
Current Rates New Rates
RESIDENTIAL SERVICE
Standard* $26.85 $27.82
Low Income* $20.14 $20.87
Senior (Low Generator)* $24.17 $25.05
Extra Refuse Cart $10.62 $11.00
Extra Recycle Cart $4.43 $4.59
Extra Green Cart $4.43 $4.59
Additional pickup - cart $21.36 $22.13
Additional pickup - bags $8.85 $9.17
Cart Re-delivery $21.36 $22.13
* Includes organics food scrap collection
COMMERCIAL SERVICE
64 OR 96 GALLON CART (SET 1 trash, 1 recycle) $64.62 $66.73 Recycle cart with bin service 1X WEEK $40.55 $41.88
2X WEEK $65.36 $67.50
3X WEEK $90.17 $93.12
4X WEEK $114.96 $118.72
5X WEEK $139.73 $144.30
6X WEEK $164.50 $169.88
1 CUBIC YARD 1X WEEK $112.81 $116.50
2X WEEK $177.14 $182.93
3X WEEK $236.57 $244.30
4X WEEK $305.76 $315.75
5X WEEK $370.04 $382.13
6X WEEK $434.35 $448.54
2 CUBIC YARD 1X WEEK $124.77 $128.85
2X WEEK $201.10 $207.67
3X WEEK $277.43 $286.50
4X WEEK $353.69 $365.25
5X WEEK $429.95 $444.00
6X WEEK $506.13 $522.67
2 CUBIC YARD COMPACTOR 1X WEEK $234.57 $242.24
2X WEEK $378.07 $390.43
3X WEEK $521.57 $538.61
4X WEEK $664.93 $686.66
5X WEEK $808.29 $834.70
6X WEEK $951.54 $982.64
3 CUBIC YARD 1X WEEK $211.88 $218.80
2X WEEK $300.11 $309.92
3X WEEK $388.38 $401.07
4X WEEK $477.78 $493.39
5X WEEK $552.77 $570.83
6X WEEK $640.99 $661.94
4 CUBIC YARD 1X WEEK $245.64 $253.67
2X WEEK $370.10 $382.19
3X WEEK $494.55 $510.71
4X WEEK $618.99 $639.22
5X WEEK $743.43 $767.73
6X WEEK $867.90 $896.26
2022 SOLID WASTE RATE SCHEDULE
EFFECTIVE 9/1/2022
Current Rates New Rates
2022 SOLID WASTE RATE SCHEDULE
EFFECTIVE 9/1/2022
2 CUBIC YARD RECYCLING 1X WEEK $81.10 $83.75
2X WEEK $130.72 $134.99
3X WEEK $180.33 $186.22
4X WEEK $229.90 $237.41
5X WEEK $279.47 $288.60
6X WEEK $328.98 $339.73
3 CUBIC YARD RECYCLING 1X WEEK $137.72 $142.22
2X WEEK $195.07 $201.44
3X WEEK $252.45 $260.70
4X WEEK $310.56 $320.71
5X WEEK $359.30 $371.04
6X WEEK $416.64 $430.26
FOOD SCRAP COLLECTION
65 GALLON ORGANICS 1X WEEK $49.91 $51.54
2X WEEK $80.44 $83.07
3X WEEK $110.97 $114.60
4X WEEK $141.48 $146.10
5X WEEK $171.98 $177.60
6X WEEK $202.45 $209.07
2 CUBIC YARD ORGANICS 1X WEEK $99.82 $103.08
2X WEEK $160.88 $166.14
3X WEEK $221.94 $229.19
4X WEEK $282.96 $292.21
5X WEEK $343.95 $355.19
6X WEEK $404.90 $418.13
GREEN WASTE
90 GALLON GREEN WASTE 1X WEEK $49.91 $51.54
2X WEEK $80.44 $83.07
3X WEEK $110.97 $114.60
4X WEEK $141.48 $146.10
5X WEEK $171.98 $177.60
6X WEEK $202.45 $209.07
3 CUBIC YARD GREEN WASTE 1X WEEK $169.51 $175.05
2X WEEK $240.09 $247.94
3X WEEK $310.70 $320.85
4X WEEK $382.22 $394.71
5X WEEK $442.22 $456.67
6X WEEK $512.80 $529.56
4 CUBIC YARD GREEN WASTE 1X WEEK $196.51 $202.93
2X WEEK $296.07 $305.75
3X WEEK $395.65 $408.58
4X WEEK $495.20 $511.38
5X WEEK $594.75 $614.19
6X WEEK $694.32 $717.01
OTHER COMMERCIAL SERVICE
SCOUT SERVICE 1X WEEK $14.09 $14.55
2X WEEK $28.17 $29.09
3X WEEK $42.28 $43.66
4X WEEK $62.63 $64.68
5X WEEK $83.00 $85.71
6X WEEK $103.36 $106.74
Current Rates New Rates
2022 SOLID WASTE RATE SCHEDULE
EFFECTIVE 9/1/2022
LOCKING SERVICE 1X WEEK $17.63 $18.21
2X WEEK $35.24 $36.39
3X WEEK $52.88 $54.61
4X WEEK $70.46 $72.76
5X WEEK $88.09 $90.97
6X WEEK $103.72 $107.11
1 YD MANURE BIN 1X WEEK $101.90 $105.23
2X WEEK $158.89 $164.08
3X WEEK $215.79 $222.84
4X WEEK $272.76 $281.67
5X WEEK $329.72 $340.50
6X WEEK $386.63 $399.27
2 YD MANURE BIN 1X WEEK $108.90 $112.46
2X WEEK $172.89 $178.54
3X WEEK $236.81 $244.55
4X WEEK $300.77 $310.60
5X WEEK $364.76 $376.68
6X WEEK $428.66 $442.67
3 YD MANURE BIN 1X WEEK $170.85 $176.43
2X WEEK $241.80 $249.70
3X WEEK $312.75 $322.97
4X WEEK $383.72 $396.26
5X WEEK $454.70 $469.56
6X WEEK $525.63 $542.81
COMMERCIAL BULKY $35.23 $36.38
BIN CLEANING $61.63 $63.64
REPLACEMENT KEY $12.30 $12.70
TEMPORARY BIN $112.80 $116.49
ADDITIONAL DAY $14.09 $14.55
TRIP CHARGE/ FALSE RUN $49.09 $50.69
ROLLOFF SERVICES
STANDARD (10, 20, 40) HAUL $191.50 $201.17
COMPACTOR HAUL $239.47 $251.56
C&D INERT FEE PER TON $19.42 $20.16
MIXED WASTE FEE PER TON $73.79 $76.60
GREEN WASTE FEE PER TON $48.52 $50.36
ORGANICS PROCESSING FEE PER TON $113.67 $117.99
ADDITIONAL DAY $12.93 $13.58
RELOCATION $96.91 $101.80
TRIP FEE $96.80 $101.69
10-J
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to authorize the City Manager to execute Amendment No. 1 to the Public W orks Contract for City Project No. 21/22-03, in a form approved by the City Attorney, with VIDIFLO, LLC, for additional audio/video equipment for The Mayne Events Center Audio/Video System Upgrade.
DATE: August 24, 2022
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute Amendment No. 1 with VIIDIFLO, LLC (VIDIFLO) for additional audio/video equipment for The Mayne Events Center Audio/Video Upgrade (the “Project”).
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager, or designee, to execute Amendment No. 1 to the Public Works Contract with VIDIFLO for City Project No. 21/22-03, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The additional amount in Amendment No. 1 is $23,170.85, which represents an increase of 38.6% from the current contract amount of $59,995.14. The revised contract amount would be $83,165.99. Funds are available in Account No. 040-47500-9000 (PEG Equipment Purchases).
DISCUSSION
In accordance with Resolution No. 20-59 and Bellflower Municipal Code (BMC) Chapter 3.30, the City is subject to the informal bidding procedures set forth in the Uniform Public Construction Cost Accounting Act (“UPCCAA”). The UPCCAA and BMC Chapter 3.30 authorize the City Manager to execute public works contracts for public projects less than $60,000.
Staff Report – Amendment to Public Works Contract for City Project No. 21/22-03 August 24, 2022
DISCUSSION – Continued
Public Works solicited a bid proposal from VIDIFLO to upgrade the audio/video system at The Mayne Events Center. This improvement is necessary to improve the quality of the audio/video system and simplify its operation. VIDIFLO provided the requested proposal for an amount of $59,995.14, which Public Works reviewed and found to be acceptable.
As authorized by the UPCCAA and BMC Chapter 3.30, the City Manager executed the Public Works Contract for the Project. After commencement of the Project, it was determined that additional audio/video equipment would be necessary for the Project.
Following is the additional work and the respective costs for each change order:
Change
Order No.
Description Amount
1 Purchase and installation of additional microphones and ancillary audio equipment per Change Order Request
# COR21111601.
$12,585.51
2 Purchase, installation, and programming of three (3)
Crestron wireless touch panels and ancillary equipment
per Change Order Request # COR21120301.
$10,585.34
Total $23,170.85
The total additional cost of $23,170.85 represents an increase of 38.6% from the original contract amount. In accordance with § 3-2.1 of the Standard Specifications for Public Works Construction (aka, the “Green Book”) which is incorporated into the City’s standard public works contracts, changes to the scope of work that exceed 25% of the original contract price require an amendment to the contract. The proposed amendment would result in a total contract amount of $83,165.99, which exceeds the City Manager’s signature authority. Consequently, Public Works recommends that the City Council authorize the City Manager to execute Amendment No. 1 with VIDIFLO for additional audio/video equipment for the Project.
10-K
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to approve the Minutes of the August 8, 2022, Regular Meeting of the City Council.
DATE: August 24, 2022
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the August 8, 2022, Regular Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the August 8, 2022, Regular Meeting… ..................... ………………………… 2
1 MINUTES
CITY OF BELLFLOWER
REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, AUGUST 8, 2022
BELLFLOWER CITY HALL – COUNCIL CHAMBERS
5:30 P.M. CLOSED SESSION / 7 P.M. OPEN SESSION
PUBLIC PARTICIPATION
The City Council Chambers was open to the public. Per the Los Angeles County Health Officer Order effective March 4, 2022, it was strongly recommended, but not required, to wear a face covering when inside Bellflower City Hall.
5:30 P.M. – CLOSED SESSION
1 CALL TO ORDER
Mayor Dunton called the Regular Meeting to order at 5:37 p.m.
2 ROLL CALL
The following Members of the City Council responded present to roll call:
Mayor Ray Dunton
Mayor Pro Tem Sonny R. Santa Ines
Council Member Raymond Y. Hamada
Council Member Dan Koops
Council Member Victor A. Sanchez
3 RECESS TO CLOSED SESSION
City Manager Stewart read the titles of the Closed Session items.
For the record, Mayor Dunton announced that he would recuse himself from Item 3-B due to a conflict of interest, as he owns property within 500 feet of the subject property.
There being no one in attendance wishing to provide public comments, without objection, Mayor Dunton recessed the Meeting at 5:38 p.m. to a Closed Session regarding:
A THREAT TO PUBLIC SERVICES OR FACILITIES (Pursuant to Government Code § 54957(a)). Consultation with: Captain Dan Holguin, Los Angeles County Sheriff’s Department.
B CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION - GOVERNMENT CODE § 54956.9(d)(4). Number of Cases: One.
2 Bellflower City Council Minutes Item No. 3 August 8, 2022 Page 2 of 13
3 RECESS TO CLOSED SESSION – Continued
C CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1)) Number of cases: One.
1. Southern California Edison v. Board of Equalization, L.A. County, et al. (filed May 4, 2022), Orange County Superior Court Case No. 30-2022-01258109-CU- MC-CJC;
2. Southern California Edison v. Board of Equalization, L.A. County, et al. (filed May 4, 2022), Orange County Superior Court Case No. 30-2022-01258057-CU- MC-CJC.
For the record, Closed Session adjourned at 6:52 p.m.
4 RECONVENE FOR OPEN SESSION
Mayor Dunton reconvened the meeting at 7:01 p.m. For the record there was no reportable action.
7:00 P.M. – OPEN SESSION
5 CALL TO ORDER
Mayor Dunton called the Regular Meeting to order at 7:01 p.m.
6 ROLL CALL
The following Members of the City Council responded present to roll call:
Mayor Ray Dunton
Mayor Pro Tem Sonny R. Santa Ines
Council Member Raymond Y. Hamada
Council Member Dan Koops
Council Member Victor A. Sanchez
Staff Participants:
Jeffrey L. Stewart, City Manager
Karl H. Berger, City Attorney
Mayra Ochiqui, City Clerk
Len Gorecki, Assistant City Manager / Director of Public Works Elizabeth Corpuz, Director of Planning and Building Services Jason P. Clarke, Senior Planner
Travis Sais, Assistant to the City Manager
Jennifer Poole-Eidd, Management Assistant
3 Bellflower City Council Minutes Item No. 7 August 8, 2022 Page 3 of 13
7 INVOCATION
Council Member Dan Koops offered the Invocation.
8 PLEDGE OF ALLEGIANCE
Director of Public Safety Joel Hockman led the assembly in the Pledge of Allegiance.
9-A CITY COUNCIL ANNOUNCEMENTS
Mayor Dunton provided details relative to the recruitment of Public Safety Review Committee Members to fill current vacancies in Neighborhood Watch Districts 1, 4, 5, and 6.
Mayor Pro Tem Santa Ines provided details relative to the Responsible Beverage Services (RBS) certification requirement mandated by Assembly Bills 1221 and 82 and the approaching certification deadline of August 31, 2022.
Council Member Koops provided details relative to “Hot Adoption Days” hosted by Southeast Area Animal Control Authority (SEAACA) through August 31, 2022.
Council Member Hamada provided details relative to the Chamber of Commerce’s next Monthly Morning Mingle to be held on August 30, 2022.
Council Member Sanchez provided details relative to the Bellflower Farmers Market’s new location at the Town Center Plaza on Mondays from 3:00 p.m. to 7:00 p.m.
9-B PRESENTATION: Kingdom Causes Bellflower Program Updates
Kingdom Causes Executive Director, Chrissy Padilla-Birkey, 1) gave a PowerPoint presentation providing an informational overview of program updates; and 2) responded to Council Members’ questions.
10 PUBLIC COMMENTS
Cheryl Williams, resident, thanked the City Council for the StreetFest Events this year, expressing the opinion that the bands that performed at the various events were outstanding.
4 Bellflower City Council Minutes Item No. 11-A August 8, 2022 Page 4 of 13
11 PUBLIC HEARINGS
A Consideration and possible action to conduct a public hearing to consider an application from 16411 Bellflower, LLC to modify the Transit Oriented Mixed-Use Development Project located at 16411 Bellflower Boulevard as proposed by 16411 Bellflower, LLC; adopt Resolution No. 22-43; and waive further reading and introduce Ordinance No. 1418.
Resolution No. 22-43 – A Resolution approving TOD PR 5 22 13051 to allow a modification and reconfiguration of a previously approved commercial building for retail, restaurant, and entertainment uses within the Downtown Bellflower TOD Specific Plan, and approving an addendum to Mitigated Negative Declaration No. MND 20-01 for property located at 16411 Bellflower Boulevard; Applicant and Developer: 16411 Bellflower, LLC.
Ordinance No. 1418 – An Ordinance approving the first amendment to Development Agreement File No. 837.1, in a form approved by the City Attorney, by and between the City of Bellflower and 16411 Bellflower, LLC, to modify and reconfigure the mixed-use development project within the Downtown Bellflower TOD Specific Plan on property located at 16411 Bellflower Boulevard; Applicant and Developer: 16411 Bellflower, LLC.
CEQA: Pursuant to the authority and criteria of the California Environmental Quality Act (CEQA), an environmental assessment was conducted for this project.
Mitigated Negative Declaration Case No. MND 20-01 was previously approved for the Mixed-Use Development and an addendum to the MND was prepared to further analyze the TOD Project Review modifications and other related discretionary applications. No new significant impacts would occur with the project modifications.
City Manager Stewart introduced the item and read by title Ordinance No. 1418.
For the record, Mayor Dunton 1) announced that he would recuse himself on this item due to a conflict of interest, as he owns a property within 500 feet of the subject area; and 2) left the dais and Council Chambers at 7:34 p.m.
Senior Planner Clarke 1) provided a PowerPoint presentation of the Staff Report; 2) announced for the record that the brewery and art gallery were stricken from the Development Agreement (DA) in agreement with the Applicant; and 3) along with City Manager Stewart, Director of Planning and Building Services Corpuz, and City Attorney Berger, responded to Council Members’ questions.
For the record, Mayor Pro Tem Santa Ines 1) stated that he and Council Member Koops made up the Council subcommittee which reviewed and monitored the original project, noting that the initial proposal stood out from the others received, particularly due to the specialty theatre which would offer something different in the local area; 2) stated that he understood that the plans had gone awry when the Covid-19 pandemic hit; and 3) explained that the subcommittee and City staff had met with the developer six months ago to discuss possible changes to the building use in the event a theatre was no longer a viable option, but noted that the current proposal had not been reviewed by the subcommittee.
5 Bellflower City Council Minutes Item No. 11-A August 8, 2022 Page 5 of 13
11 PUBLIC HEARINGS – Continued
A Consideration and possible action to conduct a public hearing to consider an application from 16411 Bellflower, LLC – Continued
_____________________
At the request of Mayor Pro Tem Santa Ines, City Attorney Berger, confirmed that 1) direction was provided to the applicant and the development agreement language also reflects that the residential and commercial portions are to be separately certificated with regard to issuance of certificates of occupancy; 2) there was an expectation from the City Council that retail components were to be finished generally within the same scale as the residential portions, which was ensured with the parking licenses; and 3) if expectations are not met, it could delay the parking licenses and the issuance of certificates of occupancy, but the applicant has always understood that these were the expectations of the City Council.
Mayor Pro Tem Santa Ines stated that 1) there was more than a 50 percent reduction in the commercial portion dimensions from the original agreement; 2) if the applicant failed to secure an entertainment anchor, they would be potentially liable for up to $500,000 dollars in liquidated damages to the City; and 3) the theater was going to be a draw, regionally.
Council Member Sanchez 1) expressed the opinion that the extended fifteen-year incremental payment period for the $500,000 in liquidated damages was too long, especially considering the reduced square footage; 2) noted that he was not on the approving body (City Council) at the time of the initial approval, but rather on the Planning Commission; and 3) stated that it’s more than revenue and more about what the theater accomplishes.
At the request of Council Member Sanchez, City Manager Stewart stated that 1) the liquidated damages of $19,000 for the first year would not be significant enough to be considered one of the top ten sales tax revenue producers for the City; and 2) if a 9,000-square-foot movie theater were to come in, it wouldn’t be a high grossing sales tax generator, as movie theaters do not generate sales tax revenue, so it was not an economic decision.
At the request of Council Member Hamada, Director of Planning and Building Services Corpuz confirmed that 1) the original public open space consisted of 2,080 square-feet, which included a 680 square-foot plaza and a 1,400 square-foot colonnade, and is now proposed at 3,483 square-feet, not including the patio upstairs which would be an additional 1,378 square feet; and 2) the definition of the entertainment anchor was developed in conjunction with the applicant after discussing potential entertainment uses and those specifically listed are just examples.
For the record, City Manager Stewart stated that any use that is used in the space that goes in as an “alternative use” would need to be approved by the City Council, reiterating that the uses specifically listed are only examples. 6 Bellflower City Council Minutes Item No. 11-A August 8, 2022 Page 6 of 13
11 PUBLIC HEARINGS – Continued
A Consideration and possible action to conduct a public hearing to consider an application from 16411 Bellflower, LLC – Continued
_____________________
Council Member Koops 1) stated that the originally proposed project had everyone excited, and though he understood the pandemic changed those plans, expressed the opinion that the proposed amended project looked like a library, and reiterated that the City Council subcommittee had not endorsed these changes; 2) expressed the opinion that the jewel of the City is the Mayne Events Center with a matching parking structure, noting that the proposed changes did not match or compliment those existing new structures on the Boulevard; 3) stated that he had suggested that if they couldn’t get a theater there, that he would like to see a high quality restaurant, not unlike Rock ‘N’ Brew, Cheesecake Factory, or a bonafide national chain; and 4) invited input from those in attendance.
At the request of Council Member Koops, Senior Planner Clarke confirmed that the changes being suggested were submitted by the applicant.
Following discussion, it was moved by Council Member Koops, seconded by Council Member Sanchez, and carried without objection, to open the public hearing.
Jason Tolleson, Applicant Representative, Serrano Development Group Inc., 1) Apologized for any confusion and the limited time the City Council had to review the matter; 2) confirmed that the understanding was that the commercial and residential projects would be finished concurrently; 3) explained that the loss of the main tenant (Laemmle Theater) precipitated the requested changes, noting that every arthouse theater is currently not in a position to begin new projects, as they are fighting for their businesses to survive and stay afloat financially; 4) stated that the most-recent design feedback from the City was the importance to maintain the corner plaza, so they increased that area substantially, noting that the 3,400 square-feet in the proposal doesn’t include the outdoor covered trellises or patio, so it’s actually more like 6,700 square-feet; 5) pointed out that missing from the rendering is a public art submittal that will come before the City Council at a later time; 6) stated that he wasn’t aware of the resistance to this rendering and they are happy to revisit it, but are generally anxious to get started; 7) assured that this modified design can accommodate a theater if the market allows for that to happen in the future; 8) reiterated that the business use for the location will come back before the City Council at a later time, so the examples included can be eliminated and replaced with language such as, “an entertainment anchor as approved by the City Council;” 9) stated that, if desirable, the minimum square footage can be eliminated; 10) in response to Council Member Sanchez’ comments relative to sales tax, explained that the financial part of this proposal is not meant to take the place of sales tax, but rather is in addition to any sales tax generated as additional consideration to the City for things changing; and 11) responded to Council Members’ questions.
7 Bellflower City Council Minutes Item No. 11-A August 8, 2022 Page 7 of 13
11 PUBLIC HEARINGS – Continued
A Consideration and possible action to conduct a public hearing to consider an application from 16411 Bellflower, LLC – Continued
_____________________
For the record, 1) written public comments were received prior to the start of the meeting, which were provided to the City Council and made available to the Public, from Lisa Marquise, resident, 9550 Oak Street, expressing her concerns about the safety of the setback of the residential building development and placement of the balconies which overhang the sidewalk; and 2) at the request of Mayor Pro Tem Santa Ines, Director Corpuz confirmed that Ms. Marquise’s comments were shared with the Applicant.
Chrissy Padilla Birkey, resident, expressed the opinion that 1) she “did not hate” the design of the proposal and, in particular, liked the design of the second story with the open decks and patios above; and 2) she was curious to learn more about the proposed artwork.
Cheryl Williams, resident, expressed the opinion that the City needed something that brought life to the area and that the appearance of the buildings should be made to work together and look cohesive with the existing Mayne Events Center.
There being no one else in attendance wishing to present testimony, it was moved by Council Member Koops, seconded by Council Member Hamada, and carried without objection, to close the public hearing.
Following discussion, Mayor Pro Tem Santa Ines, suggested the previously established subcommittee meet with the Applicant and staff to consider the proposed changes to the project before bringing it back to the full Council for further consideration.
Following brief discussion, it was moved by Council Member Hamada, seconded by Council Member Koops, and carried by the following roll call vote, to continue the public hearing to the September 12, 2022, Regular City Council Meeting:
AYES: Council Members - Hamada, Koops, Sanchez, and Santa Ines
RECUSE: Council Members - Mayor Dunton
For the record, Mayor Dunton returned to the Council Chambers and dais at 8:37 p.m.
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
None
8 Bellflower City Council Minutes Item No. 13 August 8, 2022 Page 8 of 13
13 CONSIDERATION ITEMS
None
14 CONSENT CALENDAR
For the record, 1) Mayor Dunton announced that he would recuse on Items 14-C (Town Center District), 14-E (Transit Oriented Development Specific Plan Area) and 14-F (Bellflower Boulevard Complete Streets Project) due to conflicts of interest as he owns property within 500 feet of the subject properties; 2) Council Member Koops announced that he would recuse on Items 14-E (Transit Oriented Development Specific Plan Area), 14-F (Bellflower Boulevard Complete Streets Project), 14-G (Lakewood Boulevard Street Improvements), and 14-L (Butterfly Garden Park) due to conflicts of interest as he owns properties in within 500 and 1,000 feet of the subject properties; 3) Council Member Sanchez announced that he would recuse on Item 14 -E (Transit Oriented Development Specific Plan Area) due to a conflict of interest as he owns property within 500 feet of the subject property; 4) Mayor Pro Tem Santa Ines requested that Items 14-F (Bellflower Boulevard Complete Streets Project), 14-L (Butterfly Garden Park), and 14-M (City-Wide Emergency Water Conservation Measures) be pulled for comment only; 5) City Attorney Berger announced that Item 14-E (Transit Oriented Development Specific Plan Area) would need to be pulled for separate consideration so that lots can be drawn among the thr ee conflicted Council Members to determine who would participate in the matter; 6) Council Member Hamada requested that Item-M (City-Wide Emergency Water Conservation Measures) be pulled for comment only; and 7) Council Member Sanchez requested that Item 14-G (Lakewood Boulevard Street Improvements) be pulled for comment only.
With regard to Item 14-E (Transit Oriented Development Specific Plan Area), for the record, City Clerk Ochiqui facilitated the drawing of lots between Mayor Dunton, Council Member Koops, and Council Member Sanchez to determine who was to participate in the matter and all future discussions regarding this matter. It was determined that Council Member Sanchez would participate and Mayor Dunton and Council Member Koops would remain conflicted out.
With regard to Item 14-F (Bellflower Boulevard Complete Streets Project), 1) for the record, due to previously stated conflicts on this item, Mayor Dunton and Council Member Koops left the dais and Council Chambers at 8:42 p.m.; and 2) for the benefit of the public, Mayor Pro Tem Santa Ines pointed out that the City had not forgotten the south end of the City and this project compliments new developments in the area.
For the record, Mayor Dunton and Council Member Koops returned to the Council Chambers and dais at 8:44 p.m.
9 Bellflower City Council Minutes Item No. 14 August 8, 2022 Page 9 of 13
14 CONSENT CALENDAR – Continued
With regard to Item 14-L (Butterfly Garden Park), 1) for the record, due to a previously stated conflict on this item, Council Member Koops left the dais and Council Chambers at 8:44 p.m.; and 2) Mayor Pro Tem Santa Ines expressed his excitement for the Butterfly Garden on Alondra Boulevard (the east end of the City) and requested and received confirmation from Assistant City Manager/Director of Public Works Gorecki that the project’s anticipated completion is scheduled for late-Spring/early-Summer 2023.
For the record, Council Member Koops returned to the Council Chambers and dais at 8:47 p.m.
With regard to Item 14-M (City-Wide Emergency Water Conservation Measures), Assistant City Manager/Director of Public Works Gorecki 1) at the request of Mayor Pro Tem Santa Ines, explained that notifications would be sent out to inform residents once the item is approved and the conservation measures would be promoted on the City’s website and social media outlets; and 2) at the request of Council Member Hamada, stated that the overall annual reduction of water was currently under the “Stage 2” reduction order with further evaluation forthcoming.
With regard to Item 14-G (Lakewood Boulevard Street Improvements), 1) for the record, due to a previously stated conflict on this item, Council Member Koops left the dais and Council Chambers at 8:51 p.m.; and 2) at the request of Council Member Sanchez, Assistant City Manager/Director of Public Works Gorecki explained the details of the two projects, noting that they planned to wrap up these two large projects in the next ten to twelve months under one contractor.
For the record, Council Member Koops returned to the Council Chambers and dais at 8:55 p.m.
It was moved by Council Member Koops, seconded by Mayor Pro Tem Santa Ines, and carried without objection, to remove Item 14-E (Transit Oriented Development Specific Plan Area) for separate consideration and approve the balance of the actions stipulated on the Consent Calendar.
A Consideration and possible action to receive and file City Council Warrant Register No. 23-021, dated August 8, 2022.
Action: Received and filed Warrant Register No. 23-021.
B Consideration and possible action to receive and file the Treasurer’s Report for the Month of June 2022.
Action: Received and filed Treasurer’s Report.
10 Bellflower City Council Minutes Item No. 14 August 8, 2022 Page 10 of 13
14 CONSENT CALENDAR – Continued
C Consideration and possible action to waive further reading and adopt Ordinance No. 1417 – An Ordinance amending certain sections of Bellflower Municipal Code (“BMC”) Title 17 (Zoning) pertaining to allowable uses, development standards, and process and procedures in the Town Center (TC) District.
CEQA: The Ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”).
Based upon that review, the Ordinance is exempt from additional environmental review pursuant to 14 Cal. Code Regs. § 15061(b)(3). The Ordinance will not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.
Action: Waived further reading and adopted Ordinance No. 1417.
D Consideration and possible action to receive and file Agreement File No. 939 between the City of Paramount and the City of Bellflower for the cooperative implementation of Lakewood Boulevard and Somerset Boulevard Intersection Improvements.
Action: Received and filed AFN 939.
E [Item considered separately]
F Consideration and possible action to adopt Resolution No. 22 -44 – A Resolution approving the plans and specifications for the Bellflower Boulevard Complete Streets Project from Artesia Boulevard to South City Limit (Specifications No. 18/19-07), pursuant to Government Code §830.6, establishing a project payment account; and authorizing solicitation of bids.
CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 – Existing Facilities).
Action: Adopted Resolution No. 22-44.
G Consideration and possible action to adopt Resolution No. 22 -45 – A Resolution approving the Plans and Specifications for the Lakewood Boulevard Traffic Signal Improvements – Part 1: Lakewood Boulevard (4) Intersections and Part 2: Lakewood Boulevard and Alondra Boulevard (Specifications No. 20/21-01), pursuant to Government Code §830.6; establishing a project payment account; authorizing solicitation of bids; and authorizing staff to purchase traffic signal equipment to facilitate project completion.
CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 3 – New Construction or Conversion of Small Structures).
Action: Adopted Resolution No. 22-45.
11 Bellflower City Council Minutes Item No. 14 August 8, 2022 Page 11 of 13
14 CONSENT CALENDAR – Continued
H Consideration and possible action to authorize the Director of Public Works, or designee, to install red curb parking restrictions at 17802 Downey Avenue (C.E. #22-12).
Action: Authorized the Director of Public Works, or designee, to install red curb parking restrictions at 17802 Downey Avenue.
I Consideration and possible action to authorize the Director of Public Works, or designee, to install time-based parking restrictions at 17114 Passage Avenue (C.E. #22-13).
Action: Authorized the Director of Public Works, or designee, to install time-based parking restrictions at 17114 Passage Avenue.
J Consideration and possible action to adopt Resolution No. 22 -46 – A Resolution amending the Operating Budget for Fiscal Years 2021-2023 to carryover and adjust various capital projects, activities, and revenues; and authorizing the City Manager to implement this Resolution.
Action: Adopted Resolution No. 22-46.
K Consideration and possible action to consider adopting Resolution No. 22-47 – A Resolution affirming the City’s opposition to the “Legalize Sports Betting on American Indian Lands Initiative” related to sports betting on American Indian gaming casinos and licensed racetracks in California.
Action: Adopted Resolution No. 22-47.
L Consideration and possible action to award a contract to ABNY General Engineering, Inc. for the Butterfly Garden Park (Specifications No. 21/22-03); and authorize the City Manager to execute a contract with ABNY General Engineering, Inc., in a form approved by the City Attorney.
CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environme ntal assessment for the Project consisting of an Initial Study and Mitigated Negative Declaration. The Initial Study determined that the Project would not result in any significant effect on the environment with incorporation of mitigation measures contained in the Mitigated Negative Declaration. Pursuant to the requirements from the National Park Service for the use of federal LWCF funds, the City completed a Proposal Description and Environmental Screening Form (PD/ESF) for the Project.
The completed PD/ESF becomes part of the federal administrative record in accordance with the National Environmental Policy Act (NEPA) and its implementing regulations. The State NEPA pathway recommendation was that the Project qualifies for a Categorical Exclusion for which documentation is required.
Action: Awarded a contract to ABNY for the Project and authorize d the City Manager to execute a contract with ABNY in a form approved by the City Attorney.
12 Bellflower City Council Minutes Item No. 14 August 8, 2022 Page 12 of 13
14 CONSENT CALENDAR – Continued
M Consideration and possible action to adopt Resolution No. 22 -48 – A Resolution adopting city-wide emergency water conservation measures.
Action: Adopted Resolution No. 22-48.
N Consideration and possible action to approve the Minutes of the July 11, 2022, Regular Meeting of the City Council.
Action: Approved the July 11, 2022, Regular Meeting Minutes.
O Consideration and possible action to ratify Council Member Victor A.
Sanchez’ appointment of Brian Ahumada to the Parks & Recreation Commission._____________________________________________________ Action: Ratified Council Member Sanchez’ appointment of Brian Ahumada to fill the unexpired term ending December 2022.
14-E Consideration and possible action to authorize the City Manager to execute Task Order No. 1 for Amendment No. 3 to Agreement File No. 855, in a form approved by the City Attorney, with Harris & Associates, to conduct a feasibility study regarding the implementation of an Enhanced Infrastructure Financing District within the Transit Oriented Development Specific Plan area.
For the record, due to a previously stated conflict on this item, Mayor Dunton and Council Member Koops left the dais and Council Chambers at 8:56 p.m.
It was moved by Mayor Pro Tem Santa Ines, seconded by
Council Member Hamada, and carried by the following roll call vote, to authorize the City Manager to execute Task Order No. 1 for Amendment No. 3 to Agreement File No. 855, in a form approved by the City Attorney:
AYES: Council Members - Hamada, Sanchez, and Santa Ines RECUSE: Council Members - Dunton, Koops
For the record, Mayor Dunton and Council Member Koops returned to the Council Chambers and dais at 8:57 p.m.
15 COUNCIL REPORTS
Council Member Hamada, Mayor Pro Tem Santa Ines, and Mayor Dunton made various comments and reports.
For the record, without objection, Mayor Pro Tem Santa Ines requested the meeting be adjourned in memory of Lloyd Ikerd.
13 Bellflower City Council Minutes Item No. 16 August 8, 2022 Page 13 of 13
16 ADJOURNMENT
Without objection, Mayor Dunton adjourned the meeting at 9:03 p.m., in memory of Lloyd Ikerd, to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, August 22, 2022.
Ray Dunton, Mayor
City of Bellflower
Attest:
Mayra Ochiqui, City Clerk
Approved: August 24, 2022
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