Bellflower City Council
November 28, 2022

This report has been prepared as supplemental information to the annual report prepared pursuant to the requirements of Government Code Section 66006.

(A) Brief description of the type of fee in the account or fund.

Pursuant to BMC Chapter 3.32 (Ordinance No. 1098), the Public Arts Fee collected can be used to provide works of art in public places in order to promote the visual arts in the City of Bellflower by creating a collection of permanent outdoor art work by recognized artists throughout the City, to be of public benefit, and to present the community with a variety of art work styles and themes, all of the highest possible quality.

(B) Amount of the fee.

1% of applicable project costs.

(C) Beginning and ending balance of the account or fund. (D) Amount of the fees collected and the interest earned.

No.

Fiscal
Year
Beginning
Balance
Public Arts
Fee
Collected
Interest
Earned /
Other

Expenditures Transfers
Ending
Balance 17 2021-22 $ 120,858 $ 196,446 $ 914 $ 6,868 $ - $ 311,350 16 2020-21 $ 275,672 $ 23,252 $ 1,033 $ 179,099 $ - $ 120,858 15 2019-20 $ 296,109 $ 7,332 $ 5,603 $ 33,372 $ - $ 275,672 14 2018-19 $ 254,490 $ 35,230 $ 6,389 $ - $ - $ 296,109 13 2017-18 $ 186,206 $ 65,110 $ 3,174 $ - $ - $ 254,490 12 2016-17 $ 163,112 $ 21,053 $ 2,041 $ - $ - $ 186,206 11 2015-16 $ 62,012 $ 100,440 $ 660 $ - $ - $ 163,112 10 2014-15 $ 38,927 $ 41,759 $ 522 $ 19,196 $ - $ 62,012 9 2013-14 $ 38,895 $ 22,850 $ 447 $ 23,265 $ - $ 38,927 8 2012-13 $ (8,078) $ 56,762 $ 219 $ 10,008 $ - $ 38,895 7 2011-12 $ (51,578) $ 43,500 $ - $ - $ - $ (8,078) 6 2010-11 $ (62,578) $ 11,000 $ - /
$ 2,000
$ 2,000 $ - $ (51,578)
5 2009-10 $ 145,725 $ (9,500) $ 619 $ 199,422 $ - $ (62,578) 4 2008-09 $ 110,035 $ 37,500 $ 3,190 $ 5,000 $ - $ 145,725 3 2007-08 $ 70,252 $ 35,744 $ 4,039 $ - $ - $ 110,035 2 2006-07 $ 30,103 $ 37,750 $ 2,399 $ - $ - $ 70,252 1 2005-06 $ - $ 29,941 $ 162 $ - $ - $ 30,103 - 13 -

CITY OF BELLFLOWER

SUPPLEMENTAL INFORMATION

PUBLIC ARTS FEE ANNUAL REPORT
(FISCAL YEAR 2021-22)

No.

Fiscal
Year
Beginning
Balance
Public Arts
Fee
Collected
Interest
Earned /
Other

Expenditures Transfers
Ending
Balance Cumulative $ - $ 756,169 $ 33,411 $ 478,230 $ - $ 311,350

(E) Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

Expenditures
Thru 2021-22
% of Costs
Funded with Fees
PROJECT IN-PROGRESS:

Bellflower Gateway Sign $ 6,700 100%

COMPLETED PROJECTS:

Veterans Memorial* 205,393 70%
New Hope Temporary Shelter Mural 7,078 100% Journey to Market 108,000 100%
Belle the Cow 106,430 100%
Colored StreetPrint/
16922 Bellflower Blvd (Fronk’s/Café Camellia) 23,265 100% Gateway Arch 16,231 100%
Mural/Breezeway/
16700 Bellflower Blvd (Belmont Court) 2,965 100% Gas Pump Utility Box 2,000 100%
Total Costs Funded with Fees $ 478,062

*The remaining 30% or $89,566 of the Veterans Memorial Project was funded with Park Facilities Fees.

Expenditures
Thru 2021-22
% of Costs
Funded with Fees
Veterans Memorial Maintenance $ 168 100% Total Costs Funded with Fees $ 168

(F) Identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
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CITY OF BELLFLOWER

SUPPLEMENTAL INFORMATION

PUBLIC ARTS FEE ANNUAL REPORT
(FISCAL YEAR 2021-22)

Bellflower Gateway Sign (approximate project
commencement date: January 2023) Estimated Cost: $ 494,000

(G) Description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.

There were no interfund transfers or loans.

(H) Amount of refunds made pursuant to subdivision (e) of Section 66001 (relating to the unexpended portion of the fees) and any allocations pursuant to subdivision (f) of Section 66001 (relating to the administrative costs of refunding the fees).

There were no reportable refunds nor allocations for some other purpose for which fees were collected.

Other Information Regarding the Public Arts Fee:

3.32.030 Projects Subject to the Public Arts Ordinance.

A. The requirements of this chapter shall apply to the following activities:

1. All capital improvement projects where the project cost exceeds two hundred and fifty thousand dollars ($250,000.00);

2. All commercial/industrial development projects where the project cost exceeds two hundred and fifty thousand dollars ($250,000.00); and

3. All residential projects of more than two (2) lots or units, including single-family residential structures, condominiums, apartments, townhouses or other dwelling units, where the project cost exceeds five hundred thousand dollars ($500,000.00).

B. Notwithstanding the foregoing, the requirements of this chapter shall not apply to the following activities:

1. Any project which consists solely of the reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity;

2. Any project constructed by a government agency other than the City or the Bellflower Redevelopment Agency or which is constructed on property exempt from taxation pursuant to California Revenue and Taxation Code Section 214; and

3. Single and multi-family residential remodeling.
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CITY OF BELLFLOWER

SUPPLEMENTAL INFORMATION

PUBLIC ARTS FEE ANNUAL REPORT
(FISCAL YEAR 2021-22)

3.32.040 Requirement to Provide Art Work or Pay In-Lieu Contribution.

W hen a project is subject to the requirements of this chapter, the applicant shall provide public art by complying with one (1) of the following provisions. The choice of compliance methods shall be within the sole discretion of the applicant.

A.Acquiring and Installing Art. The project applicant shall acquire and install art work in a public place on or in the vicinity of the project site, as approved by the City Council pursuant to this chapter. The cost or value of such work shall equal or exceed one percent (1%) of the project cost.

B.In-Lieu Contribution. In-lieu of acquiring and installing art work, the project applicant may contribute an amount equal to one percent (1%) of the project cost to the Public Arts Fund. - 16 -

14-E

TO: Honorable Mayor and Members of the City Council

FROM: Jeffrey L. Stewart, City Manager
Karl H. Berger, City Attorney
Tae Rhee, Director of Finance

SUBJECT: Consideration and possible action to waive further reading and adopt Ordinance No. 1419 – An Ordinance repealing Bellflower Municipal Code Chapter 2.40 and amending Chapter 3.28 in its entirety to regulate contracting including purchases of goods, supplies and services.

DATE: November 28, 2022

EXECUTIVE SUMMARY

Ordinance No. 1419 was introduced on November 14, 2022. Second reading and adoption is recommended. If adopted, the ordinance will take effect in 30 days.

RECOMMENDATION TO CITY COUNCIL

1) Waive further reading and adopt Ordinance No. 1419; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

None.

ATTACHMENTS

Ordinance No. 1419 ........................................................................................................ 2 Administrative Policies and Procedures No. 6 .............................................................. 11 November 14, 2022, Staff Report (Without Attachments) ............................................. 29

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CITY OF BELLFLOWER

ORDINANCE NO. 1419

AN ORDINANCE REPEALING BELLFLOWER MUNICIPAL CODE
CHAPTER 2.40 AND AMENDING CHAPTER 3.28 IN ITS ENTIRETY TO

REGULATE CONTRACTING INCLUDING PURCHASES OF GOODS,

SUPPLIES AND SERVICES

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Bellflower Municipal Code (“BMC”) Chapter 2.40 is repealed.

SECTION 2. Bellflower Municipal Code (“BMC”) Chapter 3.28 is amended in its entirety to read as follows:

“Chapter 3.28

CONTRACTING AND PURCHASING

3.28.010. Purpose.

This chapter is adopted pursuant to the City’s general and specific contracting powers and, without limitation, Government Code § 40602 for the purpose of setting forth the requirements to bind the City by contract. Nothing in this chapter is intended to, nor does it, apply to public works projects as defined by California law.

3.28.020. Generally.

The City is not bound by any contract unless the contract is in writing, signed on behalf of the City by an officer or officers as set forth in this chapter, and approved as to form by the City Attorney. Any authorized city official must sign a contract on the City’s behalf when directed to do so by the City Council.

3.28.030. City Council Authority.

Unless otherwise provided in this code, a resolution, or ordinance, the City Council must approve all contracts and authorize the Mayor, or other officer, to sign a contract on the City’s behalf.

3.28.040. Emergency Contracting.

In the event of a declared state of emergency, the City Manager may bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items.

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City of Bellflower
Ordinance No. 1419

3.28.050. Signature Authority.

In accordance with Government Code § 40602, the following persons are authorized to sign contracts on the City’s behalf:

A. The Mayor;

B. The City Manager when directed to do so by the City Council, resolution, ordinance, or any provision of this Code;

C. The City Manager for contracts equal to or less than $60,000;

D. Department directors for contracts equal to or less than $15,000.

3.28.060. Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:

A. “Contract” includes a purchase order and professional services agreement as the context may dictate.

B. “General Services” means services that are manual or routine in nature as opposed to services that are predominately intellectual and varied in character or require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning.

C. “Professional Services” means those services provided to the City by independent consultants that are predominantly intellectual and varied in character – as opposed to manual or routine in nature – which require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning, and entail the exercise of a wide degree of discretion and judgment when performing the services (e.g., lawyers, engineers, architects, certified public accountants and land-use planners).

D. “Purchase” includes renting, leasing, purchasing, licensing, or a trade of supplies.

E. “Supplies” includes general services; equipment; materials; goods, parts; miscellaneous commodities; and other office supplies. “Supplies” does not include professional services.

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City of Bellflower
Ordinance No. 1419

3.28.070. Purchasing agent.

The City Manager is designated as the City’s purchasing agent. The City Manager may delegate purchasing agent responsibilities to another appointed agent in writing. Supplies for City departments must be purchased in accordance with this code, any administrative regulations promulgated pursuant to this chapter, and such additional regulations that the City Council may adopt by written resolution.

The duties of the purchasing agent may be combined with those of any other office or position and include, without limitation, the following:

A. Purchasing or contracting for supplies required by any department.

B. Promulgating administrative policies and procedures to implement the purposes of this chapter as approved by the City Manager in writing.

C. Facilitating the inspection of all supplies purchased under this chapter to determine their quality and ensure conformance with city specifications.

D. Recommending the transfer of surplus or unused supplies and equipment between departments as needed.

E. Selling or disposing of supplies that cannot be used by any department or which have become unsuitable for City use.

F. Performing such other tasks as may be necessary for the proper conduct of purchasing of supplies.

3.28.080. Purchasing.

Except as otherwise provided in this code all purchases and contracts for supplies must be accomplished either by or through the purchasing agent.

3.28.090. Exceptions to bidding.

Bidding is not required for the following:

A. Emergency Purchasing. During a declared state of local emergency, bidding is not required. The city manager must provide a report to the city council in accordance with applicable law regarding such emergency purchases.

B. Convenience. When the supply can be obtained from only one vendor or there are circumstances demonstrating only one vendor is best qualified to provide the supplies.

C. Best Value. The City Manager may select the lowest responsible bidder based on objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications along with the nature of the goods, supplies, or equipment. - 4 -

City of Bellflower
Ordinance No. 1419

D. Cooperative Purchasing. Where the purchasing agent identifies a cooperative competitive bidding procedure, being prepared by and processed through another local, state, or federal governmental agency, the purchasing agent may join into an existing written purchase contract through a competitive bidding process prepared by and awarded by another local, state or federal governmental agency. The cooperative purchasing contract must be incorporated by reference into the City’s contract and filed with the City Clerk’s office.

E. Supplies less than $3,000. Purchases made for supplies with an estimated value of less than $3,000 may be purchased on the open market without bidding requirements.

3.28.100. Bidding.

Purchases made for supplies with an estimated value of between $3,000 and $60,000 require the following:

A. Purchases must, whenever practicable, be based upon at least three bids and be awarded to the lowest responsible bidder.

B. Bids may be obtained either verbally or in writing.

C. Department directors, or designee, may solicit proposals for such supplies.

D. The City Manager may require that supplies purchased pursuant to this section be formally bid and awarded. Before requiring such bidding, the City Manager must promulgate administrative policies and procedures, in a form approved by the City Attorney, establishing such formal bidding procedures.

3.28.110. Purchasing – Above $60,000.

Purchases made for supplies with an estimated value of over $60,000 require the following:

A. Notice Inviting Bids. Notices inviting informal bids must be posted at City Hall distributed (either electronically or otherwise) at least 10 days before the deadline for submitting bids to all vendors on the City’s list for the supplies being sought and to such other vendors as the purchasing agent deems appropriate. The notice soliciting bids must describe the supplies needed in general and generic terms, identify security required for the bid, how bid specifications can be obtained, and designate the deadline and place for submitting informal bids. The purchasing agent is responsible for soliciting sealed bids from all responsible prospective vendors whose names are on the bidders’ list maintained by the requesting department.

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City of Bellflower
Ordinance No. 1419

B. Bidder’s Security. The purchasing agent may require bidders to secure bids and performance in a manner approved by the purchasing agent and in a form approved by the City Attorney. Unsuccessful bidders are entitled to the return of bid security within 60 days after the date of the award. When deemed necessary by the purchasing agent, bidders’ security may be prescribed in the notices inviting bids. Bidders are entitled to return of bid security; provided, that a successful bidder forfeits their bid security upon refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed, unless the City is responsible for the delay. If a successful bidder refuses to comply with, or fails to execute, a contract issued by the City within 10 days after being awarded the contract, the City may cancel the award and retain any bid security. Compliance with contract requirements includes, without limitation, submission of insurance documentation. Should this occur, the City Council may award the contract to the next lowest responsible bidder.

C. Performance Bonds. The City Council or purchasing agent may require a performance bond in an amount reasonably necessary to protect the best interests of the City. If the City Council or purchasing agent requires a performance bond, the form and amount of the bond will be described in the notice inviting bids.

D. Bid Opening Procedure. Sealed bids must be submitted to the purchasing agent in an envelope clearly marked as a bid along with the bidder’s name and project number written on the outside. The purchasing agent will open properly submitted bids at the time and place stated in the notice inviting bids.

A written record and tabulation must be made at the time all bids are received and then opened. Bids received after the time specified in the notice inviting bids will not be accepted.

E. Council Approval. All bids received as part of the formal bidding process must be submitted to the City Council by the purchasing agent. The City Council may reject all bids or award the purchase contract to the best qualified bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the solicitation, provided that the contract award amount is within the unencumbered appropriation for that item. The City Council may waive any minor bid irregularities. If the City does not receive any bids, the City Council may:

1. Abandon the purchase;

2. Authorize rebidding the purchase on an informal basis; or

3. Authorize purchasing the supplies on a direct negotiated contract.

F. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, the City Council may accept one of them or accept the lowest bid made by negotiation with the tie bidders at the time of or after the bid opening.
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City of Bellflower
Ordinance No. 1419

3.28.120. Lowest responsible bidder.

A. For the purposes of this chapter, in addition to price, “lowest responsible bidder” will be determined based on consideration of the following factors:

1. The ability, capacity and skill of the bidder to perform the contract or provide the supplies;

2. Whether the bidder has the ability (e.g., equipment and facilities) to perform the contract or provide the supplies promptly, or within the time specified, without delay or interference;

3. The character, integrity, reputation, judgment, experience and efficiency of the bidder;

4. The bidder’s record or performance of previous contracts or services;

5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract;

6. The sufficiency of the financial resources and ability of the bidder to perform the contract; and

7. The quality, availability and adaptability of the supplies to the particular use required.

B. In addition to the foregoing, for the purpose of calculating the lowest responsible bidder, preference will be awarded to local vendors, when the following criteria are met:

1. The vendor is a person or legal entity with a place of business within the City and a valid current business license issued by the City; and

2. The difference between bids from the local vendor and those outside the City is less than the current sales tax benefit the City would receive.

3.28.130. Local Vendor Preference.

The City will provide a 5% preference to local businesses submitting bids to the City in order to overcome any competitive disadvantage relating to local sales taxes. A “local vendor” means a person or legal entity which has a place of business within the City and has a valid, current, business license issued by the City.

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City of Bellflower
Ordinance No. 1419

3.28.140. City Contracts.

Pursuant to Bellflower Municipal Code Section 5.04.080(B), persons who are a party to a written contract with the City for goods or services need not pay a business license tax under this chapter if all the following provisions apply:

A. The person is party to a written contract with the City approved in accordance with all applicable laws including, without limitation, this chapter;

B. The only business transaction conducted by the person within the City’s jurisdiction is with the City; and

C. The only parties to the written contract is the person and City.

3.28.150. Purchase Orders.

Purchase orders may only be used for purchasing supplies and equipment, and not for services, in accordance with the budget resolution.

3.28.160. Employment Contracts.

This chapter does not apply to the employment of any person by the City at a regular salary.

3.28.170. Professional services.

The City Manager may contract for professional services in an amount not to exceed $60,000. Professional services costing more than $60,000 must be secured by the City Council. The bidding requirements of this chapter do not apply to professional service agreements. However, the City Manager may promulgate administrative policies and procedures to determine how professional services may be secured via a request for qualifications or request for proposals.

3.28.180. CPI Adjustment.

The purchasing thresholds imposed under this chapter are automatically adjusted annually on July 1st beginning July 1, 2024, for the increase in the cost-of-living by the percentage change in the Consumer Price Index (CPI) from the base index of April 2023 to the index of each succeeding year’s April index, as prepared and released by the United States Department of Labor, Bureau of Labor Statistics, for the Los Angeles-Long Beach-Anaheim area for All Items, All Urban Consumers.

The increase for the threshold of $3,000 will be made in the increment of $100, rounded to the nearest multiple of $100. The increase for the thresholds of $15,000 and $60,000 will be made in the increment of $1,000 rounded to the nearest multiple of $1,000.

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City of Bellflower
Ordinance No. 1419

3.28.190. Segmentation Prohibited.

It is unlawful to knowingly take action to separate purchases into smaller units or segments solely for the purpose of evading the competitive formal or informal bidding requirements set forth in this chapter.”

SECTION 3. Environmental Review. This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it consists only of revisions and clarifications to existing purchasing regulations and procedures related thereto. Adoption of this ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings.

SECTION 4. All previously adopted resolutions including, without limitation, Resolution Nos. 80-28 and 87-074, are repealed. Any administrative regulation that is not promulgated in accordance with this ordinance is superseded and rendered void including, without limitation, Policy Nos. 4.1, 4.9, 4.12, 4.14, and 4.16. Repeal of any provision of the BMC, any ordinance, any resolution, or any administrative regulation, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 5: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 6. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 7. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 8. This Ordinance will take effect on the 30th day following its final passage and adoption.

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City of Bellflower
Ordinance No. 1419

ORDINANCE NO. 1419 HAD ITS FIRST READING ON NOVEMBER 14, 2022, ITS SECOND READING ON NOVEMBER 28, 2022, AND WAS DULY PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF NOVEMBER 28, 2022.

Raymond Dunton, Mayor

ATTEST:

_________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

_________________________
Karl H. Berger, City Attorney
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ADMINISTRATIVE POLICIES AND PROCEDURES
APP NO.:______6__________

PURCHASING & CONTRACTING POLICY

I. PURPOSE

This Administrative Policy and Procedure (“AP&P”) is adopted pursuant to Bellflower Municipal Code (“BMC”) § 3.28.070 for the purpose of implementing BMC Chapter 3.28 which governs purchasing and execution of contracts (collectively, “Contracting Regulations”). Nothing in this AP&P may be interpreted as superseding the BMC; this AP&P is intended only to supplement the Contracting Regulations.

II. PURCHASING OFFICER

In accordance with BMC § 3.28.070, the City Manager designates each Department Director as the City’s purchasing officer for his/her respective department. The City utilizes a decentralized purchasing system. Accordingly, each Department is authorized to procure goods and services, except public works projects, in accordance with the requirements of BMC Chapter 3.28.

III. APPLICABILITY

This AP&P implements the Contracting Regulations for securing all services and goods EXCEPT public works projects that are governed by BMC Chapter 3.30 and Public Contract Code §§ 20160-20175.2.

IV. DEFINITIONS

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this AP&P. Words and phrases not given a meaning by this AP&P have the meaning set forth in the BMC.

A. “Contract” means an agreement between the City and a third-party for purchasing services or supplies. A contract includes the term “agreement”; “purchase order”; or “memorandum of understanding,” and any derivations of such terms.

B. “Contracting Regulations” means BMC Chapter 3.28 which governs purchasing and execution of contracts.

C. “Equipment” means furnishings, machinery, vehicles, rolling stock, and other personal property generally used in conducting the City’s business.

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City of Bellflower – AP&P No. 6
Purchasing and Contracting Policy

D. “General Services” means services that are manual or routine in nature as opposed to services that are predominately intellectual and varied in character or require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning. Examples of general services include janitorial services and secretarial services.

E. “Professional Services” means those services provided to the City by independent consultants that are predominantly intellectual and varied in character – as opposed to manual or routine in nature – which require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning, and entail the exercise of a wide degree of discretion and judgment when performing the services (e.g., lawyers, engineers, architects, certified public accountants and land-use planners).

F. “Purchase” includes renting, leasing, purchasing, licensing, or a trade of supplies.

G. “Request for proposal/RFP” means the competitive selection process, following a solicitation issued by the City, in which vendors are requested to submit proposals for the procurement of goods, services, work and/or materials.

H. “Request for qualifications/RFQ” means a solicitation issued by the City in which vendors are requested to submit detailed information regarding personal competence necessary for the performance of the services required, and/or the qualification of commodities for a particular use.

I. “Services” means either general services or professional services as the context demands.

J. “Supplies” means equipment, materials, goods, tools, parts, or other commodities generally used in conducting the City’s business.

V. PROCUREMENT OF SERVICES AND SUPPLIES

This AP&P implements the Contracting Regulations as to securing supplies and services; the type of contract that must be used is determined by the type of supplies or services sought by the City.

A. General Services

General services may be procured in accordance with BMC Chapter 3.28. Note that the following general services may require specialized contract templates to comply with California law (consult with the City Attorney’s office):

1. Landscape maintenance (may require prevailing wage);

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City of Bellflower – AP&P No. 6
Purchasing and Contracting Policy

2. Janitorial services (may require prevailing wage);

3. Hazardous waste removal (requires specialized indemnification);

4. Towing (may require specialized bidding requirements);

5. Solid waste services (separate bidding and contracting requirements); and

6. Transit services (specialized bidding and contracting requirements).

B. Professional Services

Professional services do not require bidding under the BMC. A Department Director, however, may determine that it is desirable for the City to issue a RFQ or RFP for certain professional services. The following professional services may require specialized contracts:

1. Design professionals as defined by California law (specialized indemnification provisions; consult the City Attorney’s office);

2. Attorneys;

3. Environmental consultants (specialized indemnification provisions);

4. Medical professionals;

5. Appraisal services; and

6. Surveyors and some testing consultants (may require prevailing wage; consult with the City Attorney’s office).

C. Supplies

Supplies may be procured in accordance with BMC Chapter 3.28.

VI. TYPES OF CONTRACTS

A. General Services Contract (includes “purchase order”)

The general services contract may be used either for procuring general services or most supplies. It may not be altered without approval from the City Attorney’s office. A general services contract may be used for one particular transaction or multiple transactions during the term of the contract (aka a “blanket purchase order”). These contracts are designed to expedite the procurement process by simply attaching the scope of services to the contract template. No additional City Attorney approval is needed if the template remains unaltered.

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City of Bellflower – AP&P No. 6
Purchasing and Contracting Policy

Janitorial, landscape maintenance, towing services, and other types of general maintenance services may require special bidding and contracting language (e.g., the inclusion of prevailing wage terms); consult the City Attorney’s office first.

B. Professional Services Contract (“PSA”)

1. Standard PSA

This may be used for procuring most professional services. See below for exceptions.

Standard PSAs may be utilized for one particular task, or may be issued as an “on-call” agreement. On-call agreements allow the City to assign particular tasks to a consultant during the term of the agreement.

2. Design Professional PSA

These contracts are for engineers and architect services (consult the City Attorney’s office first). California law requires specialized indemnification language.

3. Legal Retainer PSA

Legal Retainer PSAs may only be procured by the City Council upon advice from the City Attorney.

4. Environmental PSA

Professional services secured for environmental review of certain public or private projects must use a specialized professional service agreement. While not required, it is desirable that such services first be subject to an RFQ or RFP process to select a consultant. The Environmental PSA contains specialized language regarding the California Environmental Quality Act (“CEQA”).

5. Medical PSA

Professional services that may utilize medical information of employees or third-persons require specialized contracts. Medical PSAs will include language related to the Health Insurance Portability and Accountability Act (“HIPAA”) along with other language required by California law. Consult the City Attorney’s office first.

6. Other PSA

Appraisal services, surveying, and certain kinds of project management/testing (associated with public works projects) may require a specialized contract. The Labor Code may require such professionals to pay prevailing wage. Consult the City Attorney’s office first.

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City of Bellflower – AP&P No. 6
Purchasing and Contracting Policy

VII. PROCESSING CONTRACTS

A. Purchase Orders (PO) (must include Quote Verification Page and may require General Services contract template, as determined by the responsible Department Director)

POs may be used to meet unanticipated, miscellaneous, non-capital day-to-day, or immediate needs of Departments that arise through the fiscal year. These immediate needs are those necessary to complete specific jobs and/or minimize delay in completing an overall project. To establish a PO charge account, Departments must provide complete vendor information, established price lists, and clearly note any discounts that apply to each PO.

B. Requisitions.

Requisitions must be approved by a Department Director, or authorized designee.

VIII. AUTHORITY TO APPROVE AND EXECUTE CONTRACTS

The Contracting Regulations provide the only means by which the City may be bound by contract. Any document that does not meet those requirements is – by California law – void. Generally, a contract becomes effective only when (1) it is in writing; (2) it is approved by an authorized decision-maker; (3) it is signed by an authorized person; and (4) it is approved as to form by the City Attorney.

A. Written Contracts

As noted, only written contracts bind the City. Verbal contracts do not bind the City. All such written contracts must comply with California law, the Contracting Regulations, and this AP&P.

B. Authorized Decision-maker

Generally, the authorized decision-maker is (a) the City Council; (b) the City Manager; or (c) (in limited circumstances) a Department Director. Per the BMC, the City Manager is responsible for all City operations. While the City Manager may delegate authority to Department Directors to make decision regarding contracts, the City Manager (and City Council) remain responsible for a final decision.

C. Authorized Signature

California law provides that the Mayor is the only person authorized to sign contracts, unless otherwise provided by ordinance. In addition to the Mayor, the following persons are authorized to sign contracts:

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City of Bellflower – AP&P No. 6
Purchasing and Contracting Policy

1. The City Manager if authorized by the City Council, by the BMC, by resolution, or by other action approved by the City Council.

Generally, the City Manager has signature authority for contracts valued at up to $60,000. The City Manager also derives signature authority from the standard budget resolution adopted by the City Council. Review staff reports and City Council meeting minutes to determine if the City Council delegated other signature authority to the City Manager for a particular matter.

2. Department Directors for contracts valued up to $15,000. Ordinarily, however, the services or supplies procured by such contracts should be identified in a Department budget which is approved by the City Council.

D. Approved as to form

The Contracting Regulations require that the City Attorney’s office approve contracts as to form. What does that mean? It means that the City Attorney, or designee, reviewed the contract; made such changes that are desirable to protect the City, avoid ambiguities, or otherwise clarified the contract; and (in the rare events this happens) advised the City Council, City Manager, or Department Director regarding the risk involved with executing a contract containing legally undesirable language. As to the latter, the level of risk will depend upon which decision-maker will need to be fully informed by the City Attorney.

To help expedite the contract process, therefore, it is important that Departments either utilize the City’s standard contract templates or consult with the City Attorney’s office before procuring services or supplies (if it is apparent there may be contracting challenges from the outset). Common services and supplies that may require City Attorney assistance on the front-end of the procurement process include computer software; public safety equipment; and specialized medical services (e.g., counselors, psychologists, or training).

IX. VALUE OF THE CONTRACT

Different rules apply depending on the total amount of the contract. Generally, the “total amount of the contract” is determined by calculating the amount that would be charged to the City for the entire term of the contract. For example, the total amount of a three- year contract, where the vendor is charging the City $9,000 per year, is $27,000. The “total amount of the contract,” however, may also be related to how much risk is involved with the services or supplies. For example, a contract for a fire dancer may only be $300; but the potential risk to the City may easily exceed $25,000. Therefore, in this scenario, the “total amount of the contract” is more than $25,000.

It is a crime for contracts to be “segmented” for the purpose of evading the procedures established in the Contracting Regulations or this AP&P.

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Purchasing and Contracting Policy

X. BIDDING AND EXCEPTIONS TO BIDDING

In general, the Contracting Regulations requires the following analysis:

A. Purchases between $3,000 and $60,000. Purchases made for services or supplies with an estimated value between $3,000 and $60,000 are regulated by BMC Chapter 3.28. If a successful vendor fails to execute a contract issued by the City within 10 days after being awarded the contract, the City may cancel the award. Compliance with contract requirements includes, without limitation, submission of insurance documentation. Under this scenario, the responsible Department Director may award the contract to the next lowest-responsible bidder.

B. Purchases greater than $60,000. Services or supplies with an estimated value of more than $60,000 may only be purchased through compliance with the formal bidding requirements. The City’s formal bidding requirements include:

1. Develop Purchase Specifications. To initiate the formal bid process, the requesting Department must develop specifications for the services or supplies to be purchased and prepare bid solicitations.

2. Notice Inviting Bids. The notice inviting bids must generally describe the purpose of the contract; identify security required for the bid (if needed); how bid specifications can be obtained; the form and amount of any required performance bond; and designate the time and place for opening bids. The notice inviting sealed bids must be posted at City Hall and distributed (either electronically or otherwise) at least 10 days before the deadline for submitting bids.

3. Amending the Notice Inviting Bids. If an error has occurred or a change in the requirement is made which requires that the bid solicitation be amended, the Department Director is responsible for making that amendment. Upon making the amendment, the
Is the purchase for
general services (i.e., not
professional services);
equipment, and other
office supplies?
Is the total amount
between $3,000 and
$60,000?
City Manager or
Department Director may
sign contract.

Formal bid required; City
Council approval needed.

Not a “purchase.”
Different procurement
allowed.

Yes
Yes
No
No
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Department Director must immediately notify prospective bidders of the amendment. This information may first be given orally; an amendment to a bid solicitation must always be made or confirmed in writing. Copies must be sent to all parties who received copies of the original invitation. Issuing an amendment may require postponing the opening date for prospective bidders to have reasonable to prepare bids using the new information. Generally, the time of the opening may be postponed by the number of days, which have passed between the date of the invitation and the date of the amendment. The notice of postponement may be combined with the basic amendment.

4. Alternate Bids. In the event that the Purchase specifications cannot be definitively expressed, the solicitation of bids may allow for the submission of alternate bids (generally, alternate bids offer a close substitute). The language in the bid solicitation must be appropriate and sufficiently allow all bidders an equal opportunity to bid on or offer an alternate; otherwise, the bids cannot be accepted. Alternate bids should be considered carefully as they do pose certain disadvantages, including:

 Difficulty in determining whether the offered alternate will give the required service.

 Bidders not competing on a common basis. This is particularly true if a blanket alternate is allowed. If the City feels that it must allow an alternate, it may permit, whenever possible, alternates on a specific part of the specification and not a blanket alternate.

 Alternate bids can only be accepted if they represent a comparable, or better, quality product to that specified. Alternate bids should never be accepted for lower quality products than those specified. Acceptance of alternate bid products must always stand the test of comparability when evaluated by the competition. Comparability must include the product itself, warranty, function, size, etc.

5. Bidder’s Security. The responsible Department Director may require bidders to secure bids and performance in a form approved by the City Attorney. Unsuccessful bidders are entitled to the return of bid security within 60 days after the date of the award.

6. Bid Submittal. The responsible Department Director, or designee, must solicit sealed bids from all prospective bidders whose names are on the bidder’s list, or who have requested their names to be added to the bidder’s list, and any other source known to the Department Director. If no bids are received, the Department Director must notify the City Council at a City Council meeting. - 18 -

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7. Safeguarding Incoming Bids. All bids received before the bid opening date must be kept in a safe and secure place. Bids either received through the mail or hand delivered by a person, must be date/time stamped in; recorded (on the appropriate bid receipt form); and placed in a file in the responsible Department Director’s, or designee’s, office to be opened at the time and place specified in the bid.

8. Withdrawal of Bids. A bid may be modified or withdrawn by written or telephonic notice from the bidder, if the notice is received before the time set for the opening. In the event a bid withdrawal is requested, the notice should be attached to the bid and the bid held unopened until the time of award. It may then be returned to the bidder unless other disposition is requested or agreed to by the bidder. A bid may not be modified or withdrawn after the opening time and date for opening the bids.

9. Bid Opening Procedure. Bids must be submitted to the purchasing agent in a sealed envelope and be clearly marked as a bid along with the bidder’s name and project number written on the outside of the envelope. The Department Director for the Department responsible for requesting the contract must designate an individual to publicly open properly submitted bids at the time and place stated in the notice inviting bids. A written record and tabulation must be made at the time all bids are received and then opened; this information must be available to the public for inspection during regular City business hours for at least 30 days after the bid opening. No bids may be accepted after the deadline specified in the notice inviting bids. Late bids should be held unopened and returned to the bidder or otherwise disposed of as the bidder requests or agrees.

10. Bid Evaluation & Recommendation to City Council. Bids may be evaluated based upon bid amount, compliance with bid
specifications, responsibility of the bidder, and any other reasonable matter identified in the notice inviting bids, the BMC, or any other rule or regulation promulgated to implement Chapter 3.28. Based upon its evaluation, the requesting Department will make a
recommendation to the City Council regarding the award of a contract (see Section VII of this AP&P regarding vendor selection).

 Rejection for Non- conformance. Refer to the RFP template for instructions on rejection for non-conformance.

 Entities or individuals may be retained to assist the City in drafting and/or preparing RFPs/RFQs; these
individuals/entities may neither submit an RFP/RFQ nor be selected for the bid award.

 A bidder is entitled to submit only one bid for consideration. - 19 -

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11. Bid Irregularities.

There are occasions when a bid contains irregularities such as incomplete submittals; unsigned bids; qualifications made to the bid; alterations of the Bid Form; submittals on unauthorized forms; or claimed mistakes. Generally, minor irregularities are those that substantially comply with the bid requirements and do not affect the bid price, time, or conditions. Examples include: bids where a unit price is wrong, but the total price is correct; bids where a signature was found on other documents included in the bid package; bids containing erasures; and bids with obvious mathematical errors.

Material irregularities in the form or content of a bid affect the bid price or time and give the bidder making the irregularity an advantage or benefit over another bidder. Examples of material bid irregularities include: failure to list subcontractors; failure to sign the bid; failure to timely submit the bid; and deviations from plans and specifications.

The decision-maker may waive minor irregularities. Material irregularities, however, cannot be waived. Any questions regarding bid irregularities should be referred to the City Attorney’s office for advice on whether the irregularity can be waived.

12. Rejection of All Bids.

The Department Director may reject, in writing, all bids that are unreasonable; determined to be collusive; or where rejection is in the best interest of the City. Examples include (1) before award, if it is determined that the Supplies are no longer needed; (2) if it appears that the specifications should be revised; or (3) if the invitation did not provide for consideration of all factors of cost to the City (e.g., where the cost of transporting City furnished material to the bidder’s plant was not mentioned as a factor in the invitation).

13. City Council Review.

Bids must be submitted to the City Council. Upon submittal and review, the City Council may approve the lowest bidder or reject all bids. In making its determination, the City Council may waive any minor bid irregularities. If the City Council rejects all bids, the item may be re-bid. If the City does not receive any bids, the City Council may abandon the Purchase; authorize rebidding the Purchase on an informal basis; or authorize purchasing the Supplies on a direct negotiated contract.

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Purchasing and Contracting Policy

14. Tie Bids.

If two or more bids received are for the same total amount or unit price – and the quality and service offered are the same – the City Council may accept one of them or accept the lowest bid made by negotiation with the tie bidders at the time of or after the bid opening.

15. Notification to Unsuccessful Bidder(s).

All unsuccessful bidders should be notified that their bids were not accepted. This notification can be accomplished either verbally or in writing. If the bidder responds with a request for additional information about the award it may be furnished with the name and address of the successful bidder together with the contract price.

16. Refusal to Comply With or Failure to Execute Awarded Bid.

If a successful bidder refuses to comply with, or fails to execute, a contract issued by the City within 10 days after being awarded the contract, the City may cancel the award and retain any bid security.

Compliance with contract requirements includes, without limitation, submission of insurance documentation. Should this occur, the City Council may award the contract to the next lowest responsible bidder.

A. Bidding Exception: Cooperative Purchasing. Where the purchasing agent identifies a cooperative competitive bidding procedure, being prepared by and processed through another local, state, and federal governmental agency, the purchasing agent may join into an existing written purchase contract through a competitive bidding process prepared by and awarded by those other agencies. Such contracts for supplies and equipment may include, but are not limited to General Services Administration (GSA), California Multiple Awards Schedules (CMAS), National Association of State Procurement Officials (NASPO) ValuePoint, Sourcewell, HGACBuy, BuyBoard, PEPPM, and other similar government contracts. The cooperative purchasing contract must be incorporated by reference into the City’s contract and filed with the City Clerk’s office.

B. Purchasing supplies.

1. Office supplies. To the extent feasible, paper, toner cartridges, printing supplies, business forms and cards, pens, pencils, stamp, envelopes, folders, binders and other office supplies should be purchased using government contracts (see Cooperative Purchasing above). Otherwise, office supplies, as needed, in the amount of $3,000 or more (up to the budget) may be purchased in the open market with three vendor quotes/price comparisons, or without - 21 -

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Purchasing and Contracting Policy

vendor quotes/price comparisons when a particular vendor provides administrative convenience and/or best value for those supplies.

When several different items are being purchased, sampling just top three cost items from each vendor for price comparison is permitted.

2. Other routine supplies should also be purchased using government contracts (see Cooperative Purchasing above). Otherwise, these supplies in the amount of $3,000 or more (up to the budget) may be purchased in the open market with three vendor quotes/price comparisons per fiscal year, or without vendor quotes/price comparisons when a particular vendor provides administrative convenience and/or best value for those supplies. When several different items are being purchased, sampling just top three cost items from each vendor for price comparison is permitted.

XI. SELECTION OF VENDORS

A. Departments are encouraged to maintain the Vendor List. Departments should ensure that vendors are licensed to conduct business in Bellflower (if applicable) and verify that vendors meet other applicable license and insurance requirements before selection.

B. Vendors for Professional Services should be selected based on demonstrated competence, professional qualifications, availability, and fair and reasonable costs.

C. Except as otherwise provided, and notwithstanding the above, contracts may not be executed with a former City employee within one year of the date the former employee terminated his/ her regular employment with the City, unless authorized by the City Manager. This prohibition does not apply when: (1) a request for proposals/quotes has been submitted to at least three other qualified vendors capable of providing the same services/goods; and (2) the services/goods of the former employee are determined to be clearly more advantageous to the City than the services/goods of any other vendor responding to the request for proposals/quotes after considering the qualifications and costs of the former City employee and any other vendors responding to the request for proposals/quotes.

XII. PROVIDING SELECTED VENDORS WITH INFORMATION REGARDING THE CITY’S INSURANCE REQUIREMENTS

It is very important that each vendor be provided with information regarding the kind of liability insurance that the City will require as a condition of the contract with the City. This information should be communicated to the vendor at an early stage of the contracting process and include (1) the type and amount of insurance coverage that will be required as a condition of the contract; (2) the nature of the certificates of insurance; and (3) the nature of the insurance policy endorsement that the vendor will have to produce prior to rendering any services under the contract.
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Purchasing and Contracting Policy

XIII. CONFIRMATION OF FUNDS TO PAY CONTRACT FEES & COSTS

The responsibility for ensuring that there are sufficient funds in the City budget to pay all of the fees and costs of a contract rests with the Department selecting and proposing the contract.

A. Purchasing Methods.

1. Check. Checks may only be processed through the Finance Department.

2. Credit Card. Purchases made using a City-issued credit card must be in accordance with the City’s Credit Card Policy. For credit card Purchases, any Purchase that exceeds the transaction dollar limits, or is outside of the approved commodity or service categories, is unauthorized. Such use of the card may result in disciplinary action up to and including termination and payment for all unauthorized charges.

3. Petty Cash. Petty cash funds are to be used for expenditures that generally do not exceed $50.00. Purchases made using petty cash must be in accordance with the City’s Petty Cash Policy.

B. Payment of Invoice by City. The City will pay vendors within 30 days after it receives an invoice. It is the Department’s responsibility to ensure that vendors understand this policy.

C. Use of Federal Award Funds. Whenever Federal Award funds are used, the criteria in Section XVIII must be followed, unless those rules are updated or supplemented, in addition to the other guidelines in this AP&P.

XIV. PREPARATION OF CONTRACT

A. Contracts Approved as to Form. Contracts submitted by vendors should not generally be used for obtaining Supplies. Using such forms increases the City’s costs because they require review by the City Attorney’s office and could cause a delay in obtaining Supplies. Whenever practicable, the City’s standard forms should be used for purchasing Supplies.

B. Obtaining Signatures. Signature requirements for contracts vary depending on whether a vendor conducts business in the capacity of a corporation, general partnership, limited partnership, or as an individual. Where the contract is with a contractor doing business as a corporation, general partnership or limited partnership, the signature lines should always include the typed-in name and title of the person or persons executing the contract on behalf of the consultant, as well as the business name of the consultant:

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City of Bellflower – AP&P No. 6
Purchasing and Contracting Policy

1. Where the contract is with a consultant doing business as a corporation, California Corporations Code § 313 requires the contract to be signed by:

 One officer from the corporation’s “operational group” consisting of the Chairman of the Board, the President, or any Vice President; and

 One officer from the corporation’s “financial group” consisting of the Secretary, or Assistant Secretary, or the Chief Financial Officer or any Assistant Treasurer.

2. Where the contract is with a consultant conducting business as a general partnership or limited partnership, the contract should be signed by a least one general partner having apparent authority to execute the contract on behalf of the partnership.

3. Where the contract is with a consultant doing business in their individual capacity, that individual must sign the contract. The signature lines need only include the typed-in name of the consultant, as well as the consultant’s business name (when the contractor is doing business under a name other than the contractor’s own name).

C. Types of Contracts. Contracts may be of fixed time duration (to cover specific need requirements for a given period of time); fixed expenditure amount (e.g., where “Not to Exceed” a given amount is written to provide a given budgetary financial limitation control on the contract); for a specific quantity (written to provide the exact known quantity needs of an item); or “open” with expenditure limitations to meet unanticipated needs.

XV. SUBMITTING CONTRACTS

A. To City Council. Where a contract must be approved by the City Council, the Department responsible for the contract must place the contract as an item on the agenda for review and consideration by the City Council.

B. To City Clerk. The original contract, including public works contract, together with sufficient evidence of any insurance required, vendor signature verification page, business entity search, or other requirements (Refer to the attached Agreement/Contract and Purchase Order Requisition Guideline) by the contract must be submitted to the City Clerk’s Office by the responsible Department, which is administering the contract, before the time a contractor undertakes performance of the work required by the contract. Upon determining that the contract was properly signed by or on behalf of both the contractor and the City, and that the accompanying evidence of insurance meets the contract’s requirement, the City Clerk’s Office will attest to the execution of the contract. Thereafter, the City Clerk’s Office will assign and type in a clerk’s contract number (“Agreement File - 24 -

City of Bellflower – AP&P No. 6
Purchasing and Contracting Policy

Number”) on the contracts where indicated, file the original contract and evidence of insurance in the City’s official records, and return a non-original copy to the City officer or Department responsible for administering the contract. The responsible Department will then transmit a copy to the contract vendor.

C. To the Department. The City officer or Department responsible for administering the contract will not direct a vendor to proceed with the work required by the contract until receiving an attested copy of the contract from the City Clerk’s Office. When receiving an attested copy of the contract from the City Clerk, the Department responsible for administering the contract will submit to the Finance Director (i) a copy of the contract, (ii) a copy of an IRS Form W-9 completed by the vendor in the manner required by the contract (if any), and (iii) a City encumbrance in an amount equal to the maximum amount of the compensation that may be paid to the vendor pursuant to the contract. In addition, the responsible Department must submit to the Finance Department sufficient quotes or justification memos validating the vendor chosen for the contract. Copies of purchase orders will be maintained with the corresponding paid vendor invoices.

XVI. CONTRACT AMENDMENTS

Contract amendments include any change, modification or addendum to a contract after it becomes effective. Contract amendments include any change to a contract that is not expressly authorized by the contract itself. Amendments include, without limitation, extensions of the term of the agreement, as well as changes to any exhibit setting forth the scope of the vendor’s duties or the compensation.

Ordinarily, the City Manager may approve amendments to contracts in conformance with the requirements of this AP&P and the Contracting Requirements if the total amount of the agreement1 is not increased to more than $60,000. Department Directors may approve amendments to contracts in conformance with the requirements of this AP&P and the Contracting Requirements if the total amount of the agreement2 is not increased to more than $15,000. For contract amendments where the total amount of the agreement is more than $60,000, City Council authorization/approval is ordinarily required.

Amendments to City contracts must be approved as to form by the City Attorney.

1 Remember, the “total amount of the agreement” includes the costs to the City for the entire term of the contract, including any amendments. For example, the total amount of a two-year contract, where the vendor is charging the City $20,000 per year, is $40,000. However, if the proposed amendment extends this contract for another two years, then the total amount of the contract becomes $80,000. Similarly, the “total amount of the contract” also includes consideration of how much risk is involved with the services or supplies. A high level of risk of liability to the City would “increase” the total amount of the contract and may bring it outside of the City Manager’s or Department Director’s signatory authority and necessitate Council approval. Please consult the City Attorney’s Office if you have any questions.
2 See footnote 3.
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Purchasing and Contracting Policy

Amendments to a City contract must also be signed by the vendor and the City Manager and filed with the City Clerk generally in conformance with the same requirement applicable to the original contract.

XVII. RECEIPT OF GOODS

The responsible Department must inspect all received Supplies to verify that quantity and quality are “as specified.” The Department Director must remedy any discrepancy on a contract. All orders must be inspected within three business days of receipt. A Department’s failure to inspect and accept delivery in a timely manner may affect the City’s ability to remedy a situation. Departments must retain any receiving reports/packing lists to retain along with their copy of the contract to document the receipt of goods.

XVIII. FEDERAL PURCHASING REQUIREMENTS

This Policy Section summarizes the Federal Purchasing requirements published by the Office of Management and Budget (OMB) on December 26, 2013. The OMB issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Rule (aka Uniform Guidance) which applies to all non-federal entities receiving Federal awards, and to all new federal awards and existing awards that receive additional funding (or funding increments) after December 26, 2014.

Whenever Federal Award funds are used the following criteria must be followed in addition to the City's Purchasing Policy guidelines:

A. Requirements. The Uniform Guidance requirements for sub-award and sub-recipient is based on the pass-through agency. If the pass-thru agency is subject to the Uniform Guidance (i.e., if the source of funds are federal and the pass-through agency is subject to Uniform Guidance), then the sub-award or sub-recipient is also subject to the Uniform Guidance. The requirement for a sub-award, no matter when the sub-award was made, flows from the requirements of the original federal award from the federal awarding agency.

B. Micro Purchases. The maximum aggregated amount for micro purchases is $10,000. The maximum amount for construction projects is $2,000 and is subject to the Davis-Bacon Act (Prevailing Wages). Micro purchases are exempt from the City’s informal and formal bidding processes, so there are no requirements for multiple quotations. To the extent practical the City must distribute micro-purchases equitably among qualified suppliers. Pursuant to 2 C.F.R. § 200.320(a)(1)(iv), a non-Federal entity may self-certify on an annual basis a micro-purchase threshold not to exceed $50,000 and maintain documentation to be made available to a Federal awarding agency and auditors in accordance with 2 C.F.R. § 200.334. Pursuant to 2 C.F.R. § 200.320(a)(1)(iv), such self-certification must include (1) a justification for the threshold, (2) a clear identification of the threshold, and (3) supporting documentation demonstrating a qualification as a low-risk auditee, in accordance with the criteria in 2 CFR 200.520.

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Purchasing and Contracting Policy

C. Small Purchases. Small purchases utilize simple and informal procurement methods. The acquisition threshold is currently $250,000. The Uniform Guidance states quotes for small purchases must be obtained from an “adequate” number of qualified sources. There is no specific number of sources required by the Uniform Guidance, thus one quote can be sufficient as long as there is proper documentation. Quotes can be obtained from suppliers or from public websites (i.e., City may use internet searches as documentation).

D. Sealed Bids. Sealed bids are required for contracts in excess of $250,000 and is the preferred method for construction contracts. Sealed bids are also appropriate for fixed price contracts where bidders are provided complete and adequate specifications. Additionally, sealed bids must come from two or more qualified bidders must be publicly advertised and solicited from an adequate number of suppliers. The contract is awarded to the lowest responsive and responsible bidder.

E. Competitive Proposals. Competitive proposals are required for contracts in excess of $250,000 and is the preferred method for architectural, engineering and Professional Services. Request for Proposals must be publicized and proposals solicited from an adequate number of qualified sources. Competitive proposals are awarded to the most advantageous bid which considers both price and other factors. The City does not have to select the lowest bid.

F. Sole Source. Vendor must meet at least one of the following criteria:

1. The vendor offers a unique supply or service that can only be fulfilled by one vendor or only one known source for the supply/service exists;

2. There is a public emergency;

3. After soliciting a number of sources, the competition is deemed inadequate; and

4. Written request has been made and approved by the federal agency responsible for the grant.

The City must have written pre-approval from the federal awarding agency. Additionally, the City must have proper documentation as to why a sole source vendor was required in these circumstances. The sole source must be properly documented and the City must maintain the documentation.

XIX. VIOLATIONS OF AP&P

The City Manager may revoke purchasing authority from Departments, or particular employees, based upon substantial evidence that such a Department or persons consistently fail to conform to this AP&P.

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In addition, the BMC makes certain violations of purchasing requirements a misdemeanor (for example, segmentation) that can result in a $1,000 fine, or six months in jail, or both.

Allegations that the BMC or this AP&P were violated may also result in discipline up to and including termination.

APPROVED:

Jeffrey L. Stewart, City Manager

APPROVED AS TO FORM: __________
Karl H. Berger, City Attorney

Origination: November 14, 2022

CERTIFICATION AND RECEIPT OF UNDERSTANDING

I certify that I have received a copy of the City of Bellflower Policy for Purchasing.

I have reviewed and understand its contents and agree to abide by the principles and requirements in these Administrative Policies & Procedures.

Name:

Title:

Date:
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12-A
TO: Honorable Mayor and Members of the City Council

FROM: Jeff Stewart, City Manager
Karl H. Berger, City Attorney

SUBJECT: Consideration and possible action to read by title only, waive further reading and introduce Ordinance No. 1419 – An Ordinance repealing Bellflower Municipal Code Chapter 2.40 and amending Chapter 3.28 in its entirety to regulate contracting, including purchases of goods, supplies and services.

DATE: November 14, 2022

EXECUTIVE SUMMARY

Recently, the City underwent an administrative and legal review of purchasing policies and practices including the regulations within the Bellflower Municipal Code (“BMC”).

Based upon current practices and law, it is recommended that the City Council consider amending the BMC to update the City’s purchasing regulations including, without limitation, increasing the signature authority of the City Manager and Department Directors.

RECOMMENDATION TO CITY COUNCIL

1) Read by title only, waive further reading, and introduce Ordinance No. 1419; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

Other than a cost associated with codifying the draft Ordinance, there is no immediate fiscal impact related to adopting the proposed Ordinance.

DISCUSSION

Unless otherwise provided by ordinance, there is a two-step process by which Bellflower may enter into a contract: (1) the contract must be approved by the City Council; and (2) the Mayor must sign the contract. Bellflower Municipal Code (“BMC”) Chapter 2.40 provides authority to the City Manager and Department Directors to sign contracts on the City’s behalf. Specifically, the authority for the City Manager is limited to contracts of $25,000 or less; the authority for Department Directors is limited to $2,500. If adopted, the proposed ordinance would consolidate BMC Chapter 2.40 with BMC Chapter 3.28 (for greater ease of reference) and also increase this signature authority to $60,000 and $15,000, respectively. This proposed signature authority for the City Manager matches the current authority under Chapter 3.30, Public Works Contracts, which is $60,000. - 29 -

Staff Report – Purchasing Regulations
November 14, 2022

DISCUSSION – Continued

In a purchasing context, Bellflower already gives a 5% preference to local vendors in BMC § 3.28.140. California law does allow the City to give a preference to local businesses after identifying specific factors that must be overcome in order to become competitive, e.g., local sales tax or extraordinarily high rent (Associated General Contractors of California v. City and County of San Francisco (9th Cir., 1987) 813 F.2d 922). Here, local factors would include local sales tax (1.25%) along with other matters including higher rent. Consequently, the draft ordinance would give “a 5% preference to businesses within the City of Bellflower submitting bids to the city in order to overcome any competitive disadvantage relating to local factors including, without limitation, sales taxes.”

The proposed ordinance would also add regulations regarding professional service agreements; clarify bidding procedures and exceptions; and allow vendors that are only doing business with the City to avoid obtaining a business license. As to the latter, this would apply only if the only business transaction conducted by the vendor is with the City itself and the only parties to the written contract is the vendor and City. The idea is that the City may avoid paying a higher cost to the vendor (which will simply pass-through any business license cost to the City).

It is anticipated that this ordinance will help facilitate non-public works contracting throughout the City.

Also attached for consideration are Administrative Policies and Procedures (“AP&P”) that would implement the new ordinance. These provide for the day-to-day implementation of the new regulations and may be changed administratively by the City Manager to reflect the City’s corporate practices.

ATTACHMENTS

Draft Ordinance
Draft AP&P

- 30 -

14-F
TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Travis Sais, Assistant to the City Manager

SUBJECT: Consideration and possible action to 1) W aive further reading and adopt Ordinance No. 1420 – An Ordinance adding Section 9.04.110 to the Bellflower Municipal Code (“BMC”) prohibiting unauthorized possession of individual catalytic converters; and 2) Adopt Resolution No. 22-66 – A Resolution adopting a fine schedule pursuant to Bellflower Municipal Code Section 1.12.060(A) and superseding Resolution No. 20-64.

DATE: November 28, 2022

EXECUTIVE SUMMARY

It is recommended that the City Council adopt Ordinance No. 1420 which prohibits unauthorized possession of individual catalytic converters. This action supplements existing California law and serves as an additional means of deterring catalytic converter theft. Ordinance No. 1420 was introduced on November 14, 2022. If adopted, the Ordinance will take effect in 30 days. Additionally, staff has prepared Resolution No. 22-66 for the City Council’s consideration, which, if adopted, would establish a $500 administrative fine for violations of Bellflower Municipal Code § 9.04.110.

RECOMMENDATION TO CITY COUNCIL

1) Waive further reading and adopt Ordinance No. 1420;

2) Adopt Resolution No. 22-66; or

3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

There is a de minimis fiscal impact for codifying Ordinance No. 1420.

ATTACHMENTS

Ordinance No. 1420….…………………………..…………………………………..…………2
November 14, 2022, Staff Report (without attachment)………………………………….…5 Resolution No. 22-66………………………………….…………………………………..……7
-1-

CITY OF BELLFLOWER

ORDINANCE NO. 1420

AN ORDINANCE ADDING SECTION 9.04.110 TO THE
BELLFLOWER MUNICIPAL CODE (“BMC”) PROHIBITING

UNAUTHORIZED POSSESSION OF INDIVIDUAL CATALYTIC

CONVERTERS

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. A new § 9.04.110 is added to the Bellflower Municipal Code (“BMC”) to read as follows:

“9.04.110 Unauthorized Possession of Individual Catalytic Converter Prohibited.

A. It is unlawful for any person to possess an individual catalytic converter without authorization. “Authorization” means any valid documentation confirming that a person may validly possess an individual catalytic converter that substantially includes the information required by Business and Professions Code § 21610(b). This may include, without limitation, a bill of sale or repair invoice.

B. It is unlawful for any person to possess falsified documentation purporting to reflect “authorization” as contemplated by this code.”

SECTION 2. Environmental Review. This 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 CEQA Guidelines § 15061(b)(3). The Ordinance will not result in any developme nt 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.

SECTION 3. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 4. Enforceability. Repeal of any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

-2-

City of Bellflower
Ordinance No. 1420

SECTION 5. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other ordinance by this Ordinance will be rendered void and cause such previous BMC provision or other the city ordinance to remain in full force and effect for all purposes.

SECTION 6. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 7. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 8. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are seve rable.

SECTION 9. Electronic Signatures. Ordinance may be executed with electronic signatures in accordance with Government Code § 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 10. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption.

///
///
///
-3-

City of Bellflower
Ordinance No. 1420

ORDINANCE NO. 1420 HAD ITS FIRST READING ON NOVEMBER 14, 2022, ITS SECOND READING ON NOVEMBER 28, 2022, AND WAS DULY PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF NOVEMBER 28, 2022.

_____________________________________
Ray Dunton, Mayor

ATTEST:

_______________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

_________________________________
Karl H. Berger, City Attorney
-4-

12-B
TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Travis Sais, Assistant to the City Manager

SUBJECT: Consideration and possible action to read by title only, waive further reading and introduce Ordinance No. 1420 – An Ordinance adding Section 9.04.110 to the Bellflower Municipal Code (“BMC”) prohibiting unauthorized possession of individual catalytic converters.

DATE: November 14, 2022

EXECUTIVE SUMMARY

Catalytic converter theft continues to be a serious issue and concern for residents and businesses in the City of Bellflower – which is the case for most cities in California.

Surrounding cities such as Lakewood and Artesia have passed similar ordinances that amended their respective municipal codes to make the possession of an uninstalled catalytic converter unlawful. These code amendments reportedly provide law enforcement personnel necessary tools to begin prosecuting these types of crimes.

If passed, Ordinance No. 1420 would help combat catalytic converter theft by: (1) formally establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; and (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters.

RECOMMENDATION TO CITY COUNCIL

1) Read by title only, waive further reading, and introduce Ordinance No. 1420; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

No fiscal impact with this action.

DISCUSSION

Catalytic converters are an external component of a vehicle, accessible from the underside of a parked car. They convert most of a vehicle’s emissions into less harmful forms, improving air quality and vehicle performance.

-5-

Staff Report – Ordinance No. 1420
November 14, 2022

DISCUSSION – Continued

Catalytic converters contain valuable materials such as platinum and palladium, rare metals that command ever-increasing prices on the recyclables market. Catalytic converter thefts continue to occur due to the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw. Furthermore, individuals are incentivized to commit catalytic converter theft because they are able to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter.

In order to combat catalytic converter theft, cities such as Lakewood and Artesia have passed similar ordinances pertaining to the unlawful possession of a catalytic converter.

Lakewood Station Sheriff Captain Dan Holguin stated these ordinances further assist law enforcement in prosecuting catalytic converter theft. Consequently, staff has prepared the attached ordinance for the City Council’s consideration.

ATTACHMENT

Ordinance No. 1420….…………………………..……………………………………………3

-6-

CITY OF BELLFLOWER

RESOLUTION NO. 22-66

A RESOLUTION ADOPTING A FINE SCHEDULE PURSUANT TO
BELLFLOWER MUNICIPAL CODE § 1.12.060(A) AND
SUPERSEDING RESOLUTION NO. 20-64

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. The City Council finds and declares as follows:

A. At its regular meeting on November 28, 2022, the City Council adopted Ordinance No. 1420 - An Ordinance adding Section

9.04.110 to the Bellflower Municipal Code (“BMC”) prohibiting the unauthorized possession of individual catalytic converters;

B. The City Council finds that it is desirable to adopt a resolution pursuant to BMC § 1.12.060(A) to establish a fine amount for administrative citations issued for violating BMC § 9.04.110;

C. This Resolution is adopted pursuant to BMC § 1.12.060(A) and Government Code § 53069.4(a)(1).

SECTION 2. The fine amounts (collectively, “fines”) attached as Exhibit “A” to this Resolution are adopted as the City’s fine schedule for purposes of imposing fines pursuant to administrative citations issued in accordance with the BMC. Resolution No. 20-64, adopted September 28, 2020, is superseded in its entirety.

SECTION 3. Preservation. Repeal or amendment of any previous resolutions does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Resolution’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.

SECTION 4. Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.

SECTION 5. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

-7-

City of Bellflower
Resolution No. 22-66

SECTION 6. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 7. This Resolution will become effective concurrently with the effective date of Ordinance No. 1420 and will remain effective unless repealed or superseded.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 28th DAY OF NOVEMBER 2022.

__________________________
Ray Dunton, Mayor

ATTEST:

_______________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

_________________________________
Karl H. Berger, City Attorney

ATTACHMENT:

Exhibit A – Fine Schedule for Administrative Citations Ordinance

-8-

RESOLUTION NO. 22-66

EXHIBIT A

FINE SCHEDULE FOR ADMINISTRATIVE CITATIONS ORDINANCE

A. Except as otherwise provided, violations of the BMC for which administrative citations are issued will have fines imposed as follows: (1) A fine not exceeding one hundred dollars ($100.00) for the first violation; (2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year; or (3) A fine not exceeding five hundred ($500.00) for each additional violation of the same provision within one year of the first violation.

B. Administrative citations issued for the following BMC violations will have fines imposed as specified:

BMC

DESCRIPTION
FINE
AMOUNT
Chapter 8.16 Fireworks regulations1 $2000
Section 9.04.110 Unauthorized possession of catalytic
converter
$500
Chapter 10.30 Unlawful Spectators $500
Chapter 13.24 Solid Waste/recyclable Material
Collection
$250

C. Subsequent violations of the BMC listed in Section B will be punished as follows:

1. A fine not more than twice the amount of the base fine for a second violation of the same provision within one year;

2. A fine not more than three times the amount of the base fine for a second violation of the same provision within one year, not to exceed $1500.

D. A re-inspection fee of $80 will be imposed upon any person causing, permitting, aiding, abetting or suffering a violation of the Bellflower Municipal Code that is not timely and completely corrected or abated (with all required approvals, permits, licenses, and/or inspections) after having received notification from the City to correct or abate same.

E. Pursuant to BMC § 1.12.060(J), fines unpaid 60 days after a citation is issued and not successfully appealed constitute a debt to the City of Bellflower.

Such unpaid fines will accrue interest at the statutory rate (see, e.g., Civil Code § 3289) of 10% per annum.

1 In addition to the administrative fine, a citee is liable and responsible for the payment of actual costs associated with the collection, transportation, and disposal of any seized fireworks in accordance with regulations duly adopted by the State Fire Marshal. -9-

14-G
TO:Honorable Mayor and Members of the City Council
ATTENTION:Jeffrey L. Stewart,City Manager
FROM:Susan Crumly,Human Resources and Risk Manager
SUBJECT:Consideration and possible action to receive and file Agreement File No.961,in a form approved by the City Attorney,with Gallagher Benefit Services, Inc.for the purposes of conducting a Total Compensation Study.

DATE:November 28, 2022

EXECUTIVE SUMMARY
For many years the City has conducted compensation studies as a precursor to its biennial labor negotiations and has relied upon Gallagher Benefit Services, Inc. (previously Koff & Associates)to provide this service.This is the agreement to provide these services for the 2023 Compensation Study.

RECOMMENDATION TO CITY COUNCIL
1)Receive and File Agreement File No.961; or
2)Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
The cost of the agreement is not to exceed $32,550 and will be paid out of Account No.010-42054-1350.

DISCUSSION
The City is required by its MOUs with AFSCME and BCEA to conduct an independent labor market-based compensation study in the last year of the agreement and make the findings of that study available to the unions by March of that year. This agreement will comply with that requirement.It is important to use the same survey methods and processes to provide consistent data in each salary survey. This can only be achieved by using the same consultant each time the survey is done.

ATTACHMENT
Agreement File No.961 ..................................................................................................2

AGREEMENT FILE NO. 961

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF BELLFLOWER AND
GALLAGHER BENEFIT SERVICES, INC.

FOR A TOTAL COMPENSATION STUDY
THIS AGREEMENT ("Agreement") is entered into this 25th day of October 2022, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city ("CITY") and Gallagher Benefit Services, Inc., a Delaware corporation CONSULTANT").

1. CONSIDERATION.

A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $32,550 for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference.

2. SCOPE OF SERVICES.

A. CONSULTANT will perform services listed in the attached Exhibit"A,"which is incorporated by reference.

B. CONSULTANT wiil, in a professional manner, furnish all of the labor, technical, administrative, professionai and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and ail tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.

DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

City of Beliflower
Agreement File No. 961
Gallagher Benefit Services, inc.

4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit A") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.

5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.

6. ADDITIONAL WORK.

A. CITY's city manager ("Manager") may determine, at the Manager's sole discretion, that CONSULTANT must perform additional work ("Additional Work") to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.

B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.

C. Payments over $32,550 for Additional Work must be approved by CITY's city council. All Additional Work will be subject to all other terms and provisions of this Agreement.

7. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that it has:
i.Carefully investigated and considered the scope of services to be performed;
ii.Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

City of Beliflower
Agreement File No. 961
Gallagher Benefit Services, Inc.

B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY.

8. TERM. The term of this Agreement will be from November 14, 2022 to April 30, 2023.

Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:

A. Completion of the work specified in Exhibit "A"; B. Termination as stated in Section 16.

9. TIME FOR PERFORMANCE.

A. CONSULTANT will not perform any work under this Agreement until:
i.CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and
ii.CITY gives CONSULTANT a written notice to proceed.

B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk.

10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty- eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.

11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:

Exhibit A
DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

City of Beilflower
Agreement File No. 961
Gallagher Benefit Services, Inc.

12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer ldentification Number.

14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

16. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.

B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.

C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT for such work.

D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, repo ts and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).

E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

F. By executing this dacument, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section.

DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

City of Bellflower
Agreement File No. 961
Gallagher Benefit Services, Inc.

OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk.

18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.

19. INDEMNIFICATION.

A. CONSULTANT agrees to the following:
i.Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY's sole negligence or willful misconduct.
ii.Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, 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 brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY 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 certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

City of Bellflower
II Agreement File No. 961
Gallagher Benefit Services, Inc.

D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.

CONSULTANT's attempts to assign the benefits or burdens of this Agreement without li CITY's written approval are prohibited and will be null and void.

21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.

CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.

Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to endII, results of the work only.

22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this A reement. CITY will have free9 access at all reasonable times, to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.

23. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
pe of Insurance Limits
Commercial general liability 2,000,000
I
Professional Liability 1,000,000
Business automobile liabilit 1,000,000Y
Workers compensation Statutory requirement
DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

City of Bellflower
Agreement File No. 961
Gallagher Benefit Services, Inc.

Page7of11
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above wili be a combined single limit per occurrence for bodily injury, personai injury, and property damage for the policy coverage. Liability policies will 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 wili be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis. Any cancelled or non-renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided to the CITY.

C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of two (2) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement 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:VI."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.

G. Self-Insured Retention/Deductibles. 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 CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. CONSULTANT understands and agrees that satisfaction of I
DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

City of Bellflower
Agreement File No. 961
Gallagher Benefit Services, Inc.

this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY's behalf upon the CONSULTANT'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 CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.

25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.

26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to CONSULTANT: If to CITY:

Attention: Georg S. Krammer Attention: Susan Crumly
Gallagher Benefit Services, Inc. City of Bellflower 2835 Seventh Street 16600 Civic Center Drive
Berkeley, CA 94710 Bellflower, CA 90706
510) 274-2760 562) 804-1424
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations.

DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

City of Bellflower
Agreement File No. 961
II h r B n fit ervi In .Ga ag e e e S ces, c

28. This Section applies only if box is checked. POLITICAL REFORM ACT. CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances.

29. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

30. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement.

31. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.

32. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.II

33. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are Clic:k here to enter text.

Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

34. RULES OF CONSTRUCTION. Each Party had the opportunity to independentl Y review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meanin ; it will not be inter reted strictl9P Y for or against either Party.

DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

City of Bellflower
Agreement File No. 961
Gallagher Benefit Services, Inc.

35.SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

36. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's Manager, or designee, may execute any such amendment on behalf of CITY.

37. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. 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.

38. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

39. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

40. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.

41. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financiai resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.

DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

City of Bellflower
I Agreement File No. 961
Gallagher Benefit Services, Inc.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BEL LOWER GALLAGHER BENEFIT SERVICES, INC.

Jeffrey . Stewart, City Manager Georg S. Krammer, Managing Director ATTEST:

G(_
a Oc iqui, City Clerk
APPROVEU O FORM:
1 Karl H. Berger,C' y Attorney
J' Taxpayer ID No. 36-4291971
DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

EXHII IT A Z'O PRUFESSIONAL SERVICES AGREEMENT
a_.i : r,:a r sc._
I Clty of Bellflower
METHODULOGY / SC4PE OF WORK / DELIVERABLES

TOTAL COMPENSATION STUDY
Deliverable A. Meetings with Study Project Team and Management Staff and Initial Documentation Review,
Identify client project team, contract administrator, and reporting relationships.

Orientation and briefing sessions with the study project team and staff to explain methodology.

Gather all pertinent documentation, including class descriptions,organizational charts, personnel policies, memoranda of understanding, etc.

Review and confirm comparator agencies, benchmark classifications, and identify benefits to be surveyed.

Deliverable B. List of Comparator Agencies, Benchmark Classifications and Benefits to be Collected Confirm comparator agencies:

City of Alhambra City of Buena Park City of Cerritos
City of Cypress City of Downey City of Garden Grove
City of Huntington Park City of La Habra City of Lakewood City of Montebello City of Monterey Park City of Norwalk City of Paramount City of Pico Rivera City of Whittier
I
Confirm 28 classifications to be studied based on an internal relationship analysis of all classifications.

Identify/Confirm benefits to be collected.

Deliverable C. Data from Comparators and Preliminary Data Review K&A to conduct all the data collection and analysis to ensure validity of data and quality control; compare job description to job description;ensure matches of at least 70%.

Review the City's existing job descriptions to ensure understanding of each position to be surveyed.

Collect'obdescri tions or anizati n har np , g o c ts,a d other information from comparator agencies via website, in person, or by telephone.

Make preliminary"matches"using"whole position methodology"and then schedule appointments by telephone, and sometimes in person, with knowledgeable individuals to answer specific questions. Our "whole position methodology" includes factors such as education, experience, problem solving,supervision exercised, etc.

Ensure a very high validity rate and produce data that is substantiated before management, employee representation as well as governing bodies.

Enter data into spreadsheet format designed for ease of interpretation and use.

Present information in a format that will identify the comparator positions used for each class comparison.

Calculate information based upon average and median figures, allowing the City to make informed compensation decisions.

Collect and display benefit data in an easy-to-read format.

Submit three sets of spreadsheets per classification, one with base pay, one with the benefits detail, and one with total compensation statistical data. 2835 Seventh Street, Berkeley, California 94710 510.658.5633 ( www.KoffAssociates.com 5 DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

ir,fC3( t 0t7I'aE•f?SCl ft.;.

Clty of Bellflower
Deliverable D. Draft Com ensation Findin s and Meetin with Pro'ect Teampgg1 Distribute draft findings to the City.

After the City's preliminary review, meet with the project team and various stakeholders to clarify data, receive requests for reanalysis of certain comparators; and answer questions and address concerns.

Provide an opportunity for the project team and other stakeholders to review and question any of our recommended benchmark comparator matches.

If questions arise, conduct follow-up analysis to reconfirm original analysis and/or make corrections.

Deliverable E. Analysis of Internal Relationships and Alignment Determine internal equity for both market driven and non-benchmarked positions.

Develop internal position hierarchy based on the"whole position"classification methodology which we use to do the internal alignment.

Make recommendations regarding vertical salary differentials across the organization.

Deliverable F. Compensation Structure Development(if applicable) Review and make recommendations regarding internal alignment and salary structure within which classifications are allocated, based upon the City's preferred compensation plan.

Discuss draft recommendations with management team prior to developing Interim Report.

Deliverable G. Draft Compensation Report, Final Report and Guidelines for Implementation Complete Draft Report and submit to the City for review, comment, and recommendations, including detailed compensation findings and recommendations; proposed salary ranges, and implementation issues; methodology for continued implementation and maintenance of recommendations.

After the City's questions/concerns are addressed and discussed, create Final Compensation Report.

Deliverable H. Final Presentation
Our proposal includes one initial overview(to approve any changes to the City's list of comparator agencies),one interim study session (to discuss the initial findings of the market salary study),and one final presentation to the City Council, as needed.
2835 Seventh Street, Berkeley, California 94710 510.658.5633 www.KoffAssociates.com 6 I
DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

tatcai Compe„
City of Bellflower
TIM ELtNE
Our professional experience is that total compensation studies of this scope and for this size organization take approximately three to four months to complete, allowing for adequate compensation data collection and analysis, review steps by the City,the development of final reports, any appeals, meetings, and presentations. We can begin the study in October/November 2022 after contract execution.

Due to the unprecedented demand on our services, we are currently experiencing an unusually high volume of projects. Therefore, the completion timeline of the study may take slightly Ionger than usual.

We anticipate completion of the market survey in February 2023, with a final report to follow in March 2023Following is a suggested timeline (which can be modified based on the City's needs):

Deliverables Tot i Compensation Stu 1y Completion by
A
Meetings with Study Project Team and Management Staff and IVeek 1
Initial Documentation Review
B
List of Comparator Agencies, Classifications, and Benefits to be Week 1
Collected
C. Data from Comparators and Preliminary Data Review Week 11 D. Draft Compensation Findings and Meeting with Project Team Week 13 E. Analysis of Internal Relationships and Alignment Week 14 F. Compensation Structure Development Week 14
Draft Compensation Report, Final Report and Guidelines for eek 15
Implementation
H. Final Presentation As Scheduled
2835 Seventh Street, Berkeley, California 94710 510.658.5633 www.KoffAssociates.com 7 DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

Clty of Bellflower

COST PROPOSAL
For purposes of this cost proposal,we are assuming that all meetings and presentations will be conducted virtually/remotely and no onsite travel to City offices will occur. Should the City desire onsite meetings, we will be happy to provide our per diem cost for onsite meetings based on travel time and market rate travel cost at the time.

Deii er€sbits fi(ll C7 T1:3 15q1fOP'i j'U" f10UfS
A
Meetings with Study Project Team and Management Staff and Initial 2 Documentation Review
List of Comparator Agencies, Benchmark Classifications, and Benefits B
to be Collected
1 Data from Comparators and Preliminary Analysis of Data (this C. assumes up to 15 comparator agencies and up to 28 classifications, 125 i.e., 25 full-time with benefits and 3 part-time without benefits) p
Draft Compensation Findings/Additional Analysis/Study Project Team 22 Meetings
E. Analysis of Internal Relationships and Alignment 8
F. Compensation Structure and Implementation Plan 8
G. Final Report and Guidelines for Implementation 12
H. Formal Appeals Process * 0
I. Final Presentation 4
Anticipated hours for additional unscheduled meetings and phone calls 4 Total Professional Hours—Compensation 186
Combined professional and clerical composite rate: $175/Hour 32,550 Expenses are included in the composite hourly rate: N/A Expenses include but are not IimiTed to duplicating documents, binding reports,phone, supplies,postage, etc.

TOTAL PROJECT COST NOT TC7 EXCEED 32,550
Additional consulting will be honored at composite rate($175/hrJ Our cost proposa/does not include time to support the City during any labor negotiations that may follow this study. If we are needed for this work, our composite hourly rate will apply and we will charge on a time-and-materials basis.
2835 Se vc:nth Street, E3c rkc ley, Californi, y.7710 5 t?.65 3.5633 www.KotfAssoci tes.com DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

A'c

DATE(MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 9 2oizozz
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER NAME:

Arthur J. Gallagher Risk Management Services, Inc. ao"N Ext: 312-704-0100 p,lC No:312-803-7443300S. Riverside Plaza, Suite 1500 E-MAIL Chicago IL 60606 ADDRESS:

INSURER 5 AFFORDING COVERAGE NAIC N
License#:BR-724491 INSURER A:L2XIft ton Insurance Com an 19437 INSURED ARTHJGA113
INSURERB:XL..Sp8Cl8l If1SU 2f1C@ COfTI an 37885
Arthur J. Gallagher&Co. and its subsidiaries
2850 West Golf Road ir+suRER c:Underwriters at Lloyd's London 15792 Roliing Meadows, IL 60008 INSURERD:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER:1350639005 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCIUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR - ADDL,SUBR'.. POLICY EFF POL CY EXP
L7R TYPE OF INSURANCE POUCY NUMBER MM/DD MM/CD/YYYY LIMITS

COMMERCIAL GENERAL LIABILITY

EACH OCCURRENCE
i CLAIMS-MADE _ OCCUR
A A N
I PREMISES IEa occu_rrence $
f
MED EXP(Any one person) S

I PERSONAL&ADV INJURY S
1 _
IIGEN'LAGGREGATELIMITAPPLIESPER:

I

GENERALAGGREGATE S
I .I POLICY I. .^' jE
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LOC I I PRODUCTS COMPlOP AGG $—-
I OTHER.

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea_accident__---_--_ _. ..___-
I ANY AUTO BODILY INJURY(Per person) $
I

I OWNED ' SCHEDULED
BOOILV INJURY(Per accident) $AUTOS ONLY AUTOS

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY i.jper accid nte 1 .._.--- $

UMBRELLALIAB OCCUR I, I EACHOCCURRENCE
EXCESS LIAB _ ' CLAIMS-MADE AGGREGATE I $
DED - RETENTION$
I
WORKERS COMPENSATION PER ! OTH-
AND EMPLOYERS'UABILITY Y N i
STATUTE '. ER
ANYPROPRIETOWPARTNER/EXECUTIVE E.L EACH ACCIDENT I$
OFFICER/MEMBEREXCLUDED? N A ',.

Mandatory in NH) I i EL DISEASE-EA EMPLOYEEi $
If yes,describe under
DESCRIPTION OF OPERATIONS below I EL DISEASE-POUCV LIMIT . $ A Errors d Omissions 01566449 10/1/2022 10/1/2023 Per CIaiMAggregate 12,000,000 e Excess Errors 8 Omissions I ELU177899-22 10/1/2022 10/V2023 Per C aiMAggregate i $10,000,000CExcessErrors8OmissionsF1012192210/1/2022 10/,/2023 I $13,000,000PerCIaiMAggregate I
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is requlred) Coverage extends to:Gallagher Benefit Services,Inc.,Attn:Koff 8 Associates,2835 Seventh Street,Berkeley,CA 94710.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Bellflower
16600 Civic Center Drive

AUTHORIZED REPRESENTATIVE
Bellflower CA 90706
D..-
O 1988-2015 ACORD CORPORATION. Ail rights reserved.

ACORD 25(2016/03) The ACORD name and logo are registered marks o`ACORD I
DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

DATE MMIDO/YYYY)

R CERTIFICATE OF LIABILITY INSURANCE
i oii oi2o22
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER NAME; Direct All Inquiries to Email
Arthur J. Gallagher Risk Management Services, Inc. PHONe Fivc-" " 300 S. Riverside Plaza, Suite 1500 acNo exc: __ ac Noi:

E-MAIL
Chicago IL 60606 aooREss_Chi Certificates a ajg.com
INSURERjS1 AFFORDING COVERAGE i NAIC#
I
tNsuRER n:Arch Insurance Com an 11150
INSURED ARTHJGAt13
NSURERB:AfCFI I d2fllftll Insurance Com an 30830
Koff&Associates Y Y----_.__
2835 Seventh Street iNsuReR c:

Berkeley, CA 94710 INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER:1926373279 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR SUBR--.....-. .- POLICYEFF----POLICYEXP.'...--TYPE OF INSURANCE ADDL
L7R POLICYNUMBER i MM/DD/YYYY MM/DD/YYYY LIMITS
i A X COMMERCIALGENERALLIABILITY Y .. 41GPP4938415 10/1/2022 . 10/1/2023 ' EACHOCCURRENCE !$2,000,000

CLAIMS-MADE OCCUR

DAMA O N
PREM_IS Eaoccurrence__ $,000,000
I I MED EXP(Any one person) 5 10,000
PERSONAL 6 ADV INJURY '. S 2,000.000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 Ii , POIICY ' jE ' X lOC iIPRODUCTS-COMP/OP AGG . $4,000,000 OTHER:

A AUTOMOBILEUABILITY 41CA84938315
I
10/1/2022 10/V2023 COMBINEDSINGLELIMIT ' $5,000,000 A 41CA64939015 10/1/2022 10/1/2023 IEa accidenq

X ANY AUTO
I
BODILY INJURY(Per person))i $
OWNED i SCHEDULED
BODILYINJURY PeracadeN $
H R
DS
ONLY ,,_, AUTOS

X X NON-OWNED PROPERTY DAMAGE
I$— -
AUTOS ONLY I Per acadent)
I S - --- -_..

I AUTOS ONLY I
I _j, UMBRELLA LIAB

EACH OCCURRENCE
EXCESS LIAB ' O.qIMS-MADE AGGREGATE
DED RETENTI` ON$
q WORKERSCOMPENSATION 41WCI4938115 10/1/2022 10l1/2023 ,X PER ' OTH- '.

B AND EMPLOYERS'LIABIUTY y N ', 44WCI0501915 10/1/2022 10/1/2023 ', '

STATUTE - ER
ANYPROPRIETORlPARTNER/EXECUTNE i E.L EACH ACCIDENT ; 5 1,000,000 ESCR PTION OF OPERATIONS below
N/A
I E.L.DISEASE-EA EMP OYEEI$1 000,000
If es,describe under t---..__--
D E.L.DISEASE-POLICY LIMIT 5 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may I attached if more space is requlred) General Liability:

General Aggregate Per Location Subject to$10 Mil Policy aggregate.

City of Bellflower,its officials,and employees are included as additional insured solely with respect to General Liability policy per form 00 GL0596 00 04 10 as required by written contract with respect to work performed by the Named Insured.The insurance provided in the General Liability policy is primary and any other insurance shall be excess only,and not contributing.

CERTIFICATE HOIDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bellflower
ACCORDANCE WITH THE POLICY PROVISIONS.
16600 Civic Center Drive
AUTHORIZEDREPRESENTATIVEBellflowerCA90706
4 N__
O 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the foliowing:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

LIQOUR LIABILITY FORM
PRODUCTS!COMPLETED OPERATIONS LIABILITY COVERAGE FORM
SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person or organization who is requ'ired under a wi itten contract with you to be included as an insured under this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you.

All other terms and conditions of this policy rernain unchanged.

Endorsement Number:

Policy Number: 41 GPP4938415
Named Insured: ARTHUR J GALLAGHER & COMPANY
This endorsement is effective on the inception date of this Policy unless otherwise stated herein:

Endorsement Effective Date: 10/01/2022
00 GL0596 00 04 10 Page 1 of 1
I
DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

POLICY NUMBER: 41 GPP4938415

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance 2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the additional insured.

This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 0413 O Insurance Services Office, Inc., 2012 Page 1 of 1 DocuSign Envelope ID: 8174C23C-28B8-4903-A32F-18E6BC8FF6BB

Certificate Of Completion
Envelope Id: 8174C23C28B84903A32F18E6BC8FF6BB Status: Completed Subject: Complete with DocuSign: City of Bellflower - AFN 961- Gallagher Benefit Services Inc.pdf Source Envelope:

Document Pages: 19 Signatures: 1 Envelope Originator:

Certificate Pages: 4 Initials: 0 City Clerk
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
16600 Civic Center Drive
16600 Civic Center Drive
Bellflower, CA 90706
[email protected]
IP Address:

Record Tracking
Status: Original
10/26/2022 11:22:56 AM
Holder: City Clerk
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Georg Krammer
[email protected]
Managing Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/8/2020 10:47:26 AM Parties agreed to: Georg Krammer

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14-H
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 Jerry Stock, City Engineer

SUBJECT: Consideration and possible action to authorize the Director of Public Works, or designee, to install one on-street disabled parking space (blue curb) at 9022½ Hegel Street (C.E. #22-17).

DATE: November 28, 2022

EXECUTIVE SUMMARY

On November 15, 2022, the Public Safety Commission considered and subsequently recommended to the City Council the installation of an on-street disabled parking space (blue curb) pursuant to Bellflower Municipal Code (“BMC”) Chapter 10.04. This action would approve and authorize the installation of one on-street disabled parking space (blue curb) at 9022½ Hegel Street.

RECOMMENDATION TO CITY COUNCIL

1) Authorize the Director of Public Works, or designee, to install one on-street disabled parking space (blue curb) at 9022½ Hegel Street; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

The estimated cost to install the red curb parking restrictions is $100.00. The required funds are contained within the current fiscal year budget.

DISCUSSION

The City recently received a request from the resident at 9022½ Hegel Street to install one on-street disabled parking space (blue curb). In response to this request, the City Engineer conducted a site visit and discussed the matter with the resident as well as the resident’s landlord to better understand the need for the blue curb. The subject property has two homes on site and during the site visit the City Engineer discussed the need for the disabled parking space with both the property owner who occupies the front house and the requestor who rents the rear property. A driveway extends to the rear property, and the initial part of the driveway is approximately sixteen (16) feet in width which narrows to a single wide driveway.
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Staff Report – Installation of One On-Street Disabled Parking Space (Blue Curb) at 9022½ Hegel Street
November 28, 2022

DISCUSSION – Continued

Although the initial part of the driveway can accommodate two vehicles, a total of three (3) disabled residents, two in the front house and one in the rear home reside at the property. Because of the need for three disabled spaces, and the ability to only accommodate two spaces on site, the request for one on-street disabled space is recommended to provide the shortest path of travel for the residents. It is noted that the subject property is located within an existing Permit Parking District. Hence to provide a more accessible path of travel the installation of a twenty (20) foot on-street disabled parking space is recommended. The location of the proposed blue curb is illustrated on the attached aerial photograph.

On November 1, 2022, the City provided notice to area residents of this request and that this matter would be brought before the Public Safety Commission at its November 15, 2022, meeting. To date the City has received no response to the notification.

ATTACHMENTS

Aerial Photo ..................................................................................................................... 3 Street View Photo ........................................................................................................... 4 Notification Letter to Residents ....................................................................................... 5

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Scale: 1 in = 40 ft
Printed 11/1/2022
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9022 1/2 Hegel St
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,r', aF BELLFtoki „
T®: Honorable Mayor and Members of the City Council
FROM: Elizabeth CoI vuz, ®irector of Planning and Building Services ■ • �. r. r •• •�r r • I
ICCII
January 12, 2023, to consider Artesia Enterprises,
of r • Commission
Nonconformity Abatement appeal for automobile sales and automobile repair center on property located at 910M115 Artesia 1•I•
On November 16, 2022, Mr. Eitan Sharaf, on behalf of Artesia Enterprises, LLC ("Appellant"), owner of the property located at 9103-9115 Artesia Boulevard ("Property"), submitted an appeal of the Planning Commission's denial of Appellant's appeal of the City's Notice of Nonconformity Abatement for automobile sales and automobile repair center on the Property. Pursuant to Bellflower Municipal Code ("BMC") Section 17.112.050, upon receipt of the appeal of a Planning Commission matter, the City Council must set the matter for public hearing. The City Council should consider setting the public hearing for January 127 2023 to consider this appeal.
�TIIIMI� 11111111
we mal Mida a
Lim; I;ITLIU
Nonconformity Abatement for automobile sales and automobile repair center; •
None.
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Staff Report — Artesia E
November 28, 2022

CEQA STATUS
nterprises, LLC's Appeal
The proposed actions are exempt from environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.; "CEQA Guidelines") pursuant to CEQA Guidelines §§ 15061(b)(3), 15321(a), and 15378(b)(4-5) because they: do not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment, and it can be seen with certainty that there is no possibility that such action may have a significant effect on the environment; involve an enforcement action of a specific use on the Property; and do not constitute a "project" requiring environmental review.

BACKGROUND
On July 210 2022, the Director of Planning and Building Services issued a written Notice of Nonconformity Abatement for automobile sales on the Property and identified that an automobile repair center use was not permitted without a Conditional Use Permit ("CUP").

On August 23, 2022, Appellant filed an appeal of the Notice of Nonconformity Abatement and requested a public hearing be considered by the Planning Commission pursuant to BMC § 17.92.230. On November 7, 2022, the Planning Commission conducted a duly noticed public hearing to consider this appeal and adopted Resolution No. PC 22-16 denying the appeal.

On November 16, 2022, Appellant appealed the Planning Commission's denial of the appeal of the Notice of Nonconformity Abatement.

BMC Section 17.112.050 states:
"Upon receipt of the notice of appeal from a Planning Commission mattVI) the City Council shall set the matter for hearing and give notice in the manner provided for in Chapter 17.108 and notify the appellant and the Planning Commission. Upon the Planning Commission's receipt of notice of appeal, the Secretary shall cause the complete file of the case to be transmitted to the City Council."
-------------------------------- --
It is recommended the City Council confirm receipt of Mr. Sharaf s timely appeal and seta public appeal hearing for January 12, 2023, to consider Appellant's November 16, 2022 appeal. Staff will provide timely public notice per BMC § 17.112.050 and Chapter 17.108.

ATTACHMENTS
A. November 16, 2022 Appeal.................................................................................. 3

6. Resolution No. PC 22-16......................................................................................6 -2-

val A P on it
QV gEL Fr Q
7amr17rs
Qgd Decisions rendered by Administrative Review and the Design Review Board can be appealed to the Planning Commission, those made by the Planning Commission can be appealed to the City Council. RECEIVED
ego- Fees: For current tees, please consult the planning fee schedule handout. NU 1 0 2022 INFORMATION 0,02

TYPE OR PRINT THE FOLLOWING N CITY CLERK'S OFFI
co q
NAME OF APPEI..LANT: `
MAILING ApDRESS:

DAYTIME TELEPHONE:
� m

STREET NUMBER

STREET NAME
lot

STATE ZIP CODE
FAX NUMBERR e'
TYPE OF APPEAL: (PLEASE CHECK THE APPLICABiLE TYPE OF ACTION) s-
zb
WiSTRATIVE • PROJECT ADDRESS: ���-� -^ � �`�°�'`�'�
ADM
9R� �

DESIGN REVIEW BOARD OR
PLANNING COMMISSION .CASE TITLE:

SPECIFIC REASONS FOR APPEAL: ATTACH ADDI.I IONAL PAGES IF NECESSARY) L cam.
{���'�; TI-IlS APPEAL MUST BE SUBMITTED WIT1-1fN TEN (1Q) DAYS AF"[`ER TI -}E FINAL DETERMINATION OF THE ADMINISTRATIVE OFFICIAL OR ADVISORY BODY. IF THE ACTION TAICEN ON THE APPEAL IS CHAL!_ENGED 1N COURT, THE CHALLENGE MAY BE LIMITED TO RAISING ONLY TE -LOSE ISSUES RAISED AT THE PUBLIC HEARI��lC.e OR IN WRITTEN CORRESPONDENCE DELIVERED TO T1 E PLANNING COMMISSION OR CITY COUNCIL AT OR PRIOR TO THE PUBLIC HEARING.

FOR OFFICE USE ONLY (City Clerk)
DA"{'E SUBM{TIED: FILE IIIc.: RECEIVED B`{:

Effective 07/28/03
16600 Civic Center Drive, Bellflower, Ca, 90705 562-80�-1a?_4 www bellflower.ora or www.Uellflowerbusiness.com -3-

Artesia Enterprises LLC
Good morning, all,
Re: notice of non -conformity abatement (BMC17.92.220}
9103-9115 Artesia Blvd AM # 71b2-016-044 Bellflower CA 90706 In response to your letter of non -conformity dated July 21, 2022, -Single auto repair business (must be in enclosed structure} Tenant has been here for over 20 years operating continuously, with no interruption, and has never received a warning from the city of bellflower code enforcement for his business methods as he was grandfathered in as a legal non -conforming use.
-Auto repair center (CUP required}
Two grandfathered pre-existing tenants before I purchased the property, -Auto sales- new or used (CUP required)
Grandfathered as a legal non -conforming use and has been in use continuously without interruptions until June 2022. Existing active business licenses were filed with the city until refused on June 14, 2022 Kathleen refused to renew the license for Best Buy Quality Cars .com business license #20283 -Auto storage — (CUP required}
Grandfathered as a legal non -conforming use per city officials in 2014, allowed to store vehicles, trucks and existing containers as long as it's on paved land. It has been in use continuously without interruption.
-Auto parts storage (must be stored indoors)
Tenants have been advised.
-Trucking yard and storage (CUP required)
Grandfathered as a legal non -conforming use, previous owner was operating auto and trucking business and it is grandfathered under vehicle and truck storage.

All my new tenants have tried to get business licenses and were refused. I have even received comments from them that "the city has a personal issue with you." We did not voluntarily abandon the use of the permits, the city of Bellflower forced abandonment by refusing to issue business licenses to tenants. We had two active permits, of our tenants went to the city to apply for a business license and was told that the previous tenant needed to be removed prior to adding Best Buy Quality Cars. Once that was completed Best Buy Quality Cars returned in May to apply for a business license which the city refused to issue. Get around auto sales was also still active until September 2022.
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Artesia Enterprises LLC
Re: Auto repair center
All current tenants were preexisting and unlicensed because upon informing them they were required to get city licenses, they went in to apply for business licenses and were told by city officials that they cannot issue a business license because there was an open code enforcement action against us which has also been mentioned by many tenant applicants who spoke with the city.

My schedule
I am available Monday through Friday from 9:30 am to 5:30 pm I lost my dad on April of 2022.

From 6o45 am to 8:45am and from 6:15 pm to 8:20 pm I am at temple for praying this will continue until mid-April 2023
Eitan Sharaf
Managing Member
desi�[email protected]
(213) 923-1700
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TY 0� ` ELLFLO rrJ\ ER
CULL LU QOG�9 Q`JOa PL; Zo1
Q RL OLU 91 UJM' O� SHE pL„b"IHMQBMO COGU9WHQ�IrI)0UAl )Ir H rd [a `k QH 9 V OQ= �'ELLG LOVWER a ENYING AVA APPEAL „ p LICA ITIO A G=ROGbl C TAN H ,,GAF (REP ESEHT MG ARTES „ E ATERP SES, LLC) OF A
dOT CL OF NIONC OGAFORGufQQTY ABATEMENT FOR A MTOMO o QLE SALES ASID AUTOMOBILE REPAQR CEVITER 0G1 PROPERTY
LOCA TECH AT 9103=9115 ARTES A BOULEVLAN RDO
a
. �ecital�. Thelanning Commission f nds and declares that:

A. ®n July 21, 2022, the ®tractor of Planning and building services ("®tractor") issued a written Notice of Nonconformity Abatement for automobile sales on the property located at 91039115 Artesia Boulevard pursuant to Bellflower Municipal Code ("BiVIC") Section 17.92.220. The written Notice also identified that an automobile repair center was` riot permitted on the property without a Conditional Use Permit ("CUP");
ofNonconformity i'i`i for automobile sales and the determination automobile
o .. i t - not an allowed use on theproperty, i
requested a public hearing be considered by the Planning Commission pursuant to BMC Section•
C. The application was reviewed by the director for, in pari, conformity with the SMC;
L�. The proposed action is exempt from review under the California �nvironrnental duality Act pursuant to 14 Cal. Code of Regulations S15061(b)(3), 15321(x), and 15375(b)(4-5) because it does not involve any commitment to a specific project which could result in a potentially significant impact on the environment, It involves an enforcement action of a specific use on the property, and it does not constitute a "project" that requires environmental review; IIIIItuaffl,17151 MM
On November 7, 20
�.
22, the Planning Commission held a public hearing to
receive and consider public testimony and other evidence regarding the Appeal including, without limitation, information provided to the Planning Commission by the Appellant; and
Page I of 4

�o oTV oo��Do�r�
los Dut'gon
page 2 of 4
PlanningThe Commission considered aInformationprovided • 1 limitation,Assistant City Attorney, public testimony, and the Appellant. This Resolution, and its findings, are made based upon the evidence presented to the Planning commission at its October 3, 2022 and November 7, 2022 hearings including, without the
staff report.
6LU�'p©�`� �. FaCL at Findings anal Corsclusion�. the Planning ornrnissi®� finds that the following facts exist:

Boulevard within the M�l (Light Industrial)zone, Multiplebusinesses have operated on the property, including without limitation, automobile automobile repair and automobile storage.
automobile repair shops within one (1) complex." City records do not show th there was a legal automobile repair center on the property and therefore, i ther is o legal nonconforming use abandonmentto consider and the use is n permitted on the property without a P
lot 33 as (tan open area or building used for the display, sales or retail of new or used automobiles and trailers and iii - Section 1 •
structures,requires a CUP for automobile sales.
• parcels - ywere r r• ~•
*ded before the adoption or amendment of this Code, b
which would be prohibited, regulated, or restricted d
terms of this Code or its amendments," Business license records Indicate th an automobile sales and automobile repair uses existed on the site prior 1 enactment of the current zoning restrictions In December 1997 and Decemb „- a•thereforeoperating under a 'icenonconforming"
f i •.
that time.
eighty80 days or ! _ bere-established
There has been only one i -•: automobile :,abusiness
operating on the Property in the past 10 years, but that business discontinued all automobile sales activities in or around 2016. The last known time that more than one automobile repair shop lawfully operated on the Property (amounting to an automobile repair center) was approximately in 2009. Accordingly, both automobile sales and automobile repair center uses have been abandoned by inuous period of one hundred eighty
virtue of a lack of operations for a conti
i days or more.

Cud of Be VDovuev
1830duiuoon AGO 22=16
ago 3 of 4
the Property, but did not have required California state licenses or a City business license to lawfully conduct such business activities are not considered • i^ operating ^Propertyi i •legal
nonconforming
determines • automobile• s ^ ^ a •.thesubject
property should be abated pursuant to Resolution Section 3, below, 'hat any legal nonconforming auto sales and automobile repa determines I
center uses on the property have been abandoned under BMC § 17092w 11 and, therefore, the nonconformities cannot be used in their present condition I i' the NonconformityAbatementfor
automobile sales and automobile r
iereby denied, and the Appellant must immediately abate the auto sales and automobilt repair center uses an the property subject to the Appeal. ��CT00�� �. ��viron�►e�tal Assessn�enf. The proposed action is e��empt from review under the California Environmental Quality .Act pursuant to 14 Cal. Code of Regulations §§15061(b)(3), 15321(a), and 15373(b)(4-5) because it does not involve any commitment to a specific project which could result in a potentially significant impact on the environment, it involves an enforcement action of a specific use on the property, and it does not constitute a "project" that requires environmental review. )oth oral and written, contained in the entire record relating to the Appeal. The findings is determinations •!.•^ •et findings and determinations of ^ imitations:11anning Commission in all respects and are fully and completely supported by ubstantial evidence in the record as a whole.
valuating an Appeal that absolute and perfect knowledge of all possible aspects of the [kppeal will not exist. One of the major limitations on analysis of 'the Appeal is the Planning Dommission ) s lack of knowledge of future events. In all instances, best efforts have been nade to form accurate assumptions, Somewhat related to this are the limitations on the ity's ability to solve what are in effect regional, state, and national problems and issues, Fhe City must work within the political framework within which it exists and with Lhe SECTIO 172 Severability. If any part of This Resolution or 1 I its application is
hat such invalidity will not affect the effectiveness of the remaining provision or o)pplication and, to this end, the provisions of this Resolution are severable.

X

=02y of Be�afdov4sr
1830 u, uon Aoo 22mii s
Dago 4 of 4
SECTIO A 8. Preservation. I his Resolution does not ailect any penalty, forfeiture, or liability incurred before, or preclude prosecution and Imposition of penalties for any violation occurring before this Resolution's effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
ipon adoption and remain effective until superseded by a subsequent resolution.

SECTION 10a, The Planning Commission Secretary Is directed to mail a copy of his Resolution to the Appellant and to any other person requesting a copy be appealed within ten
ind written order, pursuant to BMC 17.92,240(A), and may N%alendar days after its adoption, pursuant to BMC § 17.92.240(C) and 17.112, All appeals within this time period. Failure to file a
nust be in writing and filed with the City Clerk I
imely written appeal will constitute a waiver of any right to appeal.

III! 111FIE111WHIN
ion
...o n's final decision and will become effect
uthorized to affix his signature to this Resolution signifying its adoption by the Planning ii
1 of _ 1
lectronic signatures in accordance with Government Gode S16,z). bucn e 3ignatures will be treated in all respects as having the same effect as an original signature. pla�QED, ApFO P©%EDP AC.I a ia\ ®®P TEin BY T HE pLAM A A G C 0 M DWOS S 10H 0 F rHE C TY OF BELL LOWER CHIS I U) --NY CA= h\!UV9�tcDDUG3 r -u Corpuz, Secretary
—9—

14-J

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 adopt Resolution No. 22-67 – A Resolution adopting a Records Retention Schedule for City records and superseding Resolution No. 15-62.

DATE: November 28, 2022

EXECUTIVE SUMMARY

If adopted, Resolution No. 22-67 will update the City’s Records Retention Schedule and bring it into compliance with all laws and standard business practices for California cities. The updated records retention schedules were written interactively with representatives from all City departments and reviewed by the City Attorney’s Office.

RECOMMENDATION TO CITY COUNCIL

1) Adopt Resolution No. 22-67; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

Some savings in storage expenses as record retentions are re-evaluated, along with soft savings in labor and increased operational efficiencies.

BACKGROUND

On October 12, 1998, the City Council adopted Resolution No. 98-105 establishing the City’s Records Management Program and Records Retention Schedule. On August 24, 2015, the City Council adopted Resolution No. 15-62, updating the City’s Retention Schedule and Records Management Program establishing the criteria and procedures for the destruction of obsolete records.

-1-

Staff Report – Records Retention Schedule Update
November 28, 2022

DISCUSSION

The updated retention schedules were written interactively with representatives from all City departments and reviewed by the City Attorney’s Office to reflect changes in law, reduce current and future records storage costs, eliminate duplication of effort, and increase efficiency. The retention schedules provide clear, specific records descriptions and retention periods and apply current law to the management of the City’s records.

By identifying which department is responsible for maintaining the original record and by establishing clear retention periods for different categories of records, the City will have savings in storage expenses, filing cabinet and office space, and operational efficiencies. The proposed retention periods are in compliance with all laws and are standard business practices for California cities.

Additionally, if approved, Resolution No. 22-67 will allow the City Clerk to dispose of records according to the time intervals listed in the Schedule upon the request of the City Manager, or designee, and the written approval of the City Attorney, or designee, without further approval of the City Council.

ATTACHMENTS

A. Resolution No. 15-62 (without attachments) ............................................................... 3 B. Resolution No. 22-67 .................................................................................................. 7

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ATTACHMENT A
-3-

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CITY OF BELLFLOWER

RESOLUTION NO. 22-67

A RESOLUTION ADOPTING A RECORDS RETENTION SCHEDULE
FOR CITY RECORDS AND SUPERSEDING RESOLUTION NO. 15-62

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. The City Council finds as follows:

A. Keeping and maintaining public records that are unnecessary or duplicative results in the consumption of significant public resources including money, time, and space;

B. Government Code §§ 34090, et seq. establish methods by which the City may approve the destruction of unneeded documents; and

C. It is in the public interest to reduce the City’s cost for storing documents while, at the same time, ensuring that the City preserves those records that are required to conduct City business.

SECTION 2. As used in this Resolution, “record” has the same definition as set forth in Government Code § 6252.

SECTION 3. The City Council takes the following actions:

A. Pursuant to Government Code § 34090, the City Council approves the records retention schedule in attached Exhibit “A,” which is incorporated by reference (the “Schedule”).

B. The City Clerk is authorized to dispose of records according to the time intervals listed in the Schedule upon the request of the City Manager, or designee, and the written approval of the City Attorney, or designee.

C. The Schedule does not authorize the destruction of the following original records:

1. Records affecting the title to real property or recorded liens.

2. Records required to be kept permanently by applicable law;

3. Records less than two years old; and

4. The minutes, ordinances, or resolutions of the City Council of the City of Bellflower or of any City board, committee, or commission.

-7-

City of Bellflower
Resolution No. 22-67

D. Records that contain permanent or archival information will be duplicated and stored offsite for preservation and operational purposes in the event of a major disaster including, without limitation, earthquake, fire, or flood. If such disaster occurs, then those records will be accessed and brought back online to regain operations.

E. Those records which are not required in the current operation of the office where they are made or kept may be transferred to storage until they have met their specific retention requirements and destroyed.

F. Updates to the Schedule that are required to conform to applicable law are authorized to be made by the City Clerk without immediate action by the City Council upon review and written approval by the City Manager and City Attorney. Such changes must be ratified by the City Council at the next practicable opportunity following the change in law.

G. Notwithstanding the Schedule adopted by this Resolution, the City Clerk may, upon complying with the provisions of Government Code § 34090.5, dispose of documents in any legal manner without the further approval of the City Council or City Attorney.

H. Upon destroying any documents in accordance with this Resolution, the City Clerk is directed to complete a certificate verifying the destruction of such records and file the certificate with the City’s official records.

SECTION 4. Supersession; Preservation. Resolution No. 15-62 (adopted October 24, 2015) is superseded in its entirety. Nothing in this Resolution affects such additional resolutions that may regulate the destruction of public records including, without limitation, Resolution No. 17-34 (adopted June 26, 2017) regulating electronic communications or Resolution No. 19-18 (adopted March 11, 2019) regulating social media.

SECTION 5. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 6. The Mayor, or presiding officer, is hereby authorized to affix the Mayor’s signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or duly appointed deputy, is directed to attest thereto.

SECTION 7. This Resolution will become effective immediately upon adoption. ///
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City of Bellflower
Resolution No. 22-67

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 28TH DAY OF NOVEMBER 2022.

________________________________
Ray Dunton, Mayor
ATTEST:

________________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

_________________________________
Karl H. Berger, City Attorney

ATTACHMENT:

Exhibit A – Records Retention Schedule

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EXHIBIT A

RECORDS RETENTION SCHEDULE
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RECORDS RETENTION SCHEDULE: CITYWIDE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CW-1 Note: If the record type you are looking for is not listed on this schedule, refer to the Citywide Retention Schedule. Retentions begin when the record is finished/completed and are applied at the file folder level (e.g., date of last record in file + retention period). Litigation, claims, complaints, audits, pending records requests, and/or investigations may suspend normal retention periods (retention resumes after settlement). The City Clerk is the City’s custodian of records; while some records may be – as a practical matter – stored in a particular department, only the City Clerk responds to public records requests, litigation, etc. Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Lead Dept. CW-001 Affidavits (Includes affidavits of publications, affidavits of posting, legal advertising, notices, proofs of publications, public hearing notices)2 years N/A 2 years Brown Act challenges must be filed within 30 or 90 days of action; CCP§ 337, et seq; GC §§34090, 54960.1(c)(1) Lead Dept. CW-002 Agreements & Contracts: Administrative Files NOT Funded by a Grant (Includes correspondence, project administration, logs, project schedules, copies of invoices, backup, insurance certificates, RFP, etc.) Completion 10 years Completion + 10 years Vital: Before Completion. Covers E&O Statute of Limitations; Published Audit Standards= 4-7 years; Statute of Limitations: Contracts & Spec's = 4 years; Wrongful Death = death + 5 years; Developers = comp. + 10 years; Statewide guidelines propose termination + 5 years; CCP §§336(a), 337 et. seq., GC §34090Lead Dept. CW-003 Agreements & Contracts: Administrative Files WITH Grant Funding (Includes correspondence, project administration, certified payrolls, logs, project schedules, copies of invoices, backup, insurance certificates, RFP, etc.) Completion 10 years or after funding agency audit, if required, whichever is longer Completion + 10 years or after funding agency audit, if required, whichever is longer Vital: Before Completion. Covers E&O Statute of Limitations (insurance certificates are filed with agreement); Published Audit Standards=4-7 years; Statute of Limitations: Contracts & Spec's=4 years; Wrongful Death=comp. + 5 years; Developers=comp. + 10 years; Statewide guidelines propose termination + 5 years; CCP §§336(a), 337, et seq., GC §34090-11-

RECORDS RETENTION SCHEDULE: CITYWIDE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CW-2 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Lead Dept. CW-004 Agreements & Contracts: UNSUCCESSFUL Bids, Unsuccessful proposals, or Responses to RFPs (Request for Proposals) and/or RFQs (Request for Qualifications) that don't result in a contract 2 years N/A 2 years Some grant funding agencies require audits; Statute of Limitations for Errors & Omissions is 10 years; Published Audit Standards=4-7 years; Statute of Limitations: Contracts & Spec's=4 years, Wrongful Death= death + 5 years, Developers=comp. + 10 years; Statewide guidelines propose termination + 5 years; CCP §§336(a), 337 et. seq., 21 CFR §§ 1403.36 & 1403.42(b); 24 CFR §§ 85.42, 91.105(h), 92.505, & 570.502(b), 28 CFR § 66.42; 29 CFR § 97.42; 40 CFR § 31.42; 44 CFR § 13.42; 45 CFR § 92.42; OMB Circular A-133; GC §34090Lead Dept. CW-005 Commissions, Committees & Boards: SUBCOMMITTEES of the City Council (comprised solely of a minority of City Council members) (Includes all records)2 years N/A 2 years Brown Act challenges must be filed within 30 or 90 days of action; GC §§34090, 54960.1(c)(1) Lead Dept. CW-006 Commissions, Committees & Boards: INTERNAL - Attended by employees only (Includes all records, e.g., Records Management Committee, In-House Task Forces, etc.) 2 years N/A 2 years GC §34090 -12-

RECORDS RETENTION SCHEDULE: CITYWIDE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CW-3 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Lead Dept. that Authors / Receives City's Original CW-007 Correspondence - ROUTINE (Interagency and Intra-agency Memoranda retained in the ordinary course of business) (e.g., administrative, general, letters, letters, memorandums, miscellaneous reports not included on department schedule, press releases received/not generated, calendars, invitations, logs, mailing lists, meeting room registrations, supply inventories, voicemail messages, transmittal letters, undeliverable mail, visitors logs, newspaper clippings)2 years N/A 2 years Comply with electronic record retention policy (adopted via separate resolution). GC §§34090, 6252, 6254(a)) Lead Dept. CW-009 Grants - SUCCESSFUL (Reports and other records required to pass the funding agency's audit, if required) 2 years After Funding Agency Audit, if Required - Minimum 5 years After Funding Agency Audit, if Required - Minimum 5 years Meets auditing standards; Grants covered by a Consolidated Action Plan are required for 5 years; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report or final payment of grantee or subgrantee; statewide guidelines propose 4 years; 21 CFR § 1403.36 & 1403.42(b); 24 CFR § 85.42, 91.105(h), 92.505, & 570.502(b), 28 CFR § 66.42; 29 CFR § 97.42; 40 CFR § 31.42; 44 CFR § 13.42; 45 CFR § 92.42; OMB Circular A-133; GC §34090Lead Dept. CW-010 Grants - UNSUCCESSFUL (Applications / Correspondence)2 years N/A 2 years GC §34090 Lead Dept. CW-011 Legal Opinions (Formal Advice) 2 years N/A 2 years Vital (all). Department preference; GC §34090 -13-

RECORDS RETENTION SCHEDULE: CITYWIDE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CW-4 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Lead Dept. CW-012 Personnel Files (e.g., Supervisor’s Notes; Includes Leave Requests and Vacation Requests) After Inclusion in Performance Evaluation N/A After Inclusion in Performance Evaluation Vital: Before Annual Performance Evaluation. Ensure records kept in Department files comply with City policy (all originals are sent to Human Resources, only the Supervisor's file is maintained in departments); GC§34090.7Lead Dept. CW-013 Personnel Work Schedules 2 years N/A 2 years Notes maintained in a separate folder to be incorporated into performance evaluation, or to document progressive discipline; GC §34090 et seq.Lead Dept. CW-014 Purchase Orders - INFORMAL (Under the Purchasing Threshold) (Includes RFPs, specifications, contracts, amendments, successful bids, notice of award, RFQs, etc.)2 years 3 years 5 years Meets auditing standards; GC §34090 Lead Dept. CW-015 Real Estate Appraisal Reports: PURCHASED Property / Funded Loans5 years N/A 5 years Vital: Before Purchase. Meets auditing standards; GC §34090 Lead Dept. CW-016 Real Estate Appraisal Reports: Property NOT purchased 2 years N/A 2 years GC §34090 Lead Dept. CW-017 Reference Materials - Produced by OUTSIDE ORGANIZATIONS (i.e., League of California Cities, Chamber of Commerce, Educational Seminar Announcements, etc.; includes policies, procedures, brochures, flyers, manuals, etc.) 2 years N/A 2 years GC §34090 Lead Dept. CW-018 Reports and Studies - HISTORICALLY SIGNIFICANT (e.g., Zoning Studies, etc.) 10 years P P Department preference; GC §34090 -14-

RECORDS RETENTION SCHEDULE: CITYWIDE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CW-5 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Lead Dept. CW-019 Reports and Studies - NO HISTORICAL VALUE 2 years N/A 2 years Department preference; GC §34090 Lead Dept. CW-020 Special Event Permits Expiration + 2 years N/A Expiration + 2 years Vital: During Class or Program. Department preference; GC §34090 Lead Dept. CW-021 Surveys / Questionnaires issued by the City 2 years N/A 2 years GC §34090 Lead Dept. CW-022 Training – ALL MATERIALS (Internal training created by a department) 2 years N/A 2 years Department preference; Ethics Training is 5 years; Statewide guidelines propose 7 years; Calif. Labor Division is required to keep their OSHA records 7 years; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; State Law requires 2 -3 years for personnel actions; 8 CCR § 3203, et seq., 29 CFR 1627.3(b)(ii), LC §6429(c); GC §§12946, 34090, 53235.2(b) Lead Dept. CW-023 Volunteer / Unpaid Intern Applications & Agreements – SUCCESSFUL Applicants Separation + 3 years N/A Separation + 3 years Department preference (Courts treat volunteers as employees); EEOC / FLSA / ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; 29 CFR § 1602.31 & 1627.3(b)(1)(i)&(ii), GC§§12946, 34090Lead Dept. CW-024 Volunteer / Unpaid Intern Applications - UNSUCCESSFUL Applicants2 years N/A 2 years GC §34090 -15-

RECORDS RETENTION SCHEDULE: CITY CLERK’S OFFICE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CCO-1 Note: If the record type you are looking for is not listed on this schedule, refer to the Citywide Retention Schedule. Retentions begin when the record is finished/completed and are applied at the file folder level (e.g., date of last record in file + retention period). Litigation, claims, complaints, audits, pending records requests, and/or investigations may suspend normal retention periods (retention resumes after settlement). The City Clerk is the City’s custodian of records; while some records may be – as a practical matter – stored in a particular department, only the City Clerk responds to public records requests, litigation, etc. Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total GENERAL OFFICE City Clerk CC-001 Agendas / Agenda Packets (Includes City Council and all City Brown Act bodies; e.g., Commission, Committees, Boards) Until Scanned P P GC §34090, et seq.; Department Preference City Clerk CC-002 Annotated Agendas (Includes City Council and all City Brown Act bodies staffed by the City Clerk’s Office) 2 years N/A 2 years GC §34090, et seq.; Department Preference City Clerk CC-003 Informational Materials: (Includes Mayor’s Agenda, Roll Call Order Sheet, Potential Conflicts of Interest, etc.) 2 years N/A 2 years GC §34090, et seq. -16-

RECORDS RETENTION SCHEDULE: CITY CLERK’S OFFICE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CCO-2 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total City Clerk CC-004 Agreements & Contracts: NON-INFRASTRUCTURE [Examples of Non-Infrastructure: consulting, disposal, employment contracts, instructors, sports leagues, franchises, housing, leases, loans, mutual aid, professional service] (Includes all contractual obligations; e.g., Amendments, Scope of Work or Successful Proposal, Insurance Certificates, Covenants, Notice of Completion, etc.)Completion + Until Scanned Up to 10 years Completion + 10 years Vital: Before Completion. Covers E&O Statute of Limitations; Published Audit Standards is 4-7 years; Statute of Limitations: Contracts & Spec's is 4 years after completion of contract, Wrongful Death is death + 5 years, Developers is completion + 10 years; Relocation Files is Settle + 5 years; CCP §§336(a), 337, et. seq.; GC §§34090, 34090.7 City Clerk CC-005 Agreements & Contracts: INFRASTRUCTURE, MOUs, JPAs [Examples of Infrastructure: architects, buildings, bridges, CalPERS, covenants, deferred improvement agreements, design/build, development, environmental, Joint Powers, park improvements, property restrictions, reservoirs, sewers, sidewalks, street & alley improvements, settlement, subdivisions, utilities, water] (Includes all contractual obligations: amendments, scope of work or successful proposal, insurance certificates, covenants, notice of completion, etc.) Completion + Until Scanned Up to 10 years Completion + 10 years All infrastructure, JPAs, & Mutual Aid contracts should be permanent for emergency preparedness; Statute of Limitations is 4 years; 10 years for Errors & Omissions; land records are permanent by law (land records, such as plans, permits, etc., must be filed and maintained separately); CCP §§337, 337.1(a), 337.15, 343; GC §34090, Contractor has retention requirements in 48 CFR § 4.703 - 3 years retention after final payment. -17-

RECORDS RETENTION SCHEDULE: CITY CLERK’S OFFICE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CCO-3 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total City Clerk CC-006 Annexations / Boundaries / Consolidations P N/A P Land records are permanent by law; GC §34090City Clerk CC-007 Assessment / Maintenance / Landscape & Lighting / Street Improvement District – Formation Documents (other than records related to Council action) Termination of District Up to 10 years Termination of District +10 years City Clerk CC-008 Bond Transcripts / Certificates of Participations (COPs) / Official Statements Cancellation, Redemption, or Maturity Fully Defeased + 10 yearsFully Defeased + 10 years Vital: Until Maturity. Department Preference; Statute of Limitations for bonds, mortgages, trust deeds, notes or debentures is 6 years; Bonds issued by local governments are 10 years; There are specific requirements for disposal of unused bonds; CCP §§336, et seq. 337.5(a); GC §43900, et seq.City Clerk CC-009 Bylaws All Advisory Bodies Appointed by City Council (e.g., Commission, Committees, Boards) 2 years P P Vital (all). GC §34090 City Clerk CC-010 Central Files (Prior Subject Filing System) – Property Records and Weed Abatement P P P Department preference; before 1982, agenda packets were broken into subject matters then filed; most are copies of records maintained by Lead Department; After 1982, Agenda Packets saved intact as permanent records; minutes are the permanent record; GC §34090 et seq.-18-

RECORDS RETENTION SCHEDULE: CITY CLERK’S OFFICE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CCO-4 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total City Clerk CC-011 Central Files (Prior Subject Filing System) – EXCEPT Property Records and Weed Abatement 2 years N/A 2 years Department preference; before 1982, agenda packets were broken into subject matters then filed; most are copies of records maintained by Lead Department; After 1982, Agenda Packets saved intact as permanent records; minutes are the permanent record; GC §34090 et seq.City Clerk CC-012 Historical Records (Includes History of Service Logs for City Council, Commissions, Committees, Boards and all Brown Act Bodies; Incorporation, City Seal, Local Appointment List, etc.), P N/A P GC §34090; records can address a variety of subjects and media; the City Clerk determines historical significance based on the following criteria: 1) is associated with events that have made a significant contribution to the broad patterns of the City’s history and cultural heritage; 2) is associated with the lives of persons important in the City’s past; 3) embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; and 4) has yielded, or may be likely to yield, information important in the City’s prehistory or history.City Clerk CC-013 Index to Actions / Legislative History (i.e., Resolution and Ordinance logs) P N/A P Vital (all). GC §34090 -19-

RECORDS RETENTION SCHEDULE: CITY CLERK’S OFFICE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CCO-5 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total City Clerk CC-014 Maddy Act Notices 2 years N/A 2 years Vital: Before Purchase. Meets auditing standards; GC §34090City Clerk CC-015 Minutes (Includes City Council and all City Brown Act bodies; e.g., Commission, Committees, Boards) 2 years P P Vital (all). GC §34090 City Clerk CC-016 Municipal Code – Official City Copy issued to City Clerk (Current Publication) P N/A P City Clerk CC-017 Municipal Code – Prior Publication (Historical Significance) P N/A P City Clerk CC-018 Municipal Code – Prior Publication SUPPLEMENTS After Republication N/A After RepublicationSupplements are used to update the current publication of the Municipal Code, so these copies are a duplicate record and retained for reference purposes only. Following republication of the Municipal Code, they are no longer necessary to retain. City Clerk CC-019 Municipal Code – Supplement History File (Current Publication) P N/A P Supplements are used to update the current publication of the Municipal Code, so these copies are a duplicate record and retained for reference purposes only; Department preference; GC §34090-20-

RECORDS RETENTION SCHEDULE: CITY CLERK’S OFFICE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CCO-6 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total City Clerk CC-020 Network/System Backup Tapes: Weekly or monthly; all files on servers N/A 3 Months 3 Months Vital. Used for Disaster Recovery Purposes Only; Considered a copy and can be destroyed when no longer required; tapes are in autochangers and are overwritten; store off-site in a commercial facility for disaster recovery purposes; GC §34090 et seq. City Clerk CC-021 Notices 1 year + Current year N/A 2 years Brown Act challenges must be filed within 30 or 90 days of action; CCP§337, et seq; GC §§34090, 54960.1(c)(1)City Clerk CC-022 Oaths of Office: Boards and Commission Members P N/A P Department Preference; Human Resources maintains employee Oaths of Office in Personnel Files, including the City Council; Statute of Limitations: Public official misconduct is discovery of offense + 4 years, retirement benefits is 6 years from last action; statewide guidelines propose Termination + 6 years; GC §§36507, 34090; PC §§801.5, 803(c); 29 USC §1113City Clerk CC-023 Ordinances (Includes Affidavits of Publication) P N/A P Vital (all). GC §§34090, et seq. City Clerk CC-024 Outgoing Mayor’s Ceremony Files (Historical) (Includes, but not limited to, coordinating/planning documents, speeches, photos, correspondence, etc.)P N/A P These files are maintained on-site in the City Clerk’s Office. -21-

RECORDS RETENTION SCHEDULE: CITY CLERK’S OFFICE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CCO-7 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total City Clerk CC-025 Public Records Act Requests 1 year + Current year1 year 2 years GC §34090 City Clerk CC-026 Real Property – Records that Affect the Title to Real Property (e.g., Abandonments, Deeds, Deed Restrictions, Easements, Liens, Resale Restrictions, Vacations)2 years P P GC §34090 City Clerk CC-027 Recordings: AUDIO (Includes audio recordings of meetings of the City Council, RDA, BPFC, Successor Agency, Oversight Board, etc. – EXCEPT Commission/Committee Meetings which are maintained by the staffing department)1 year + Current year N/A 2 years Department preference; State law only requires for 30 days; GC §54953.5(b) City Clerk CC-028 Recordings: VIDEO (Includes video recordings of meetings of the City Council, RDA, BPFC, Successor Agency, or Oversight Board Meetings, etc. – EXCEPT Commission/Committee Meetings which are maintained by the staffing department; Also refer to Resolution No. 11-75 regarding Action Minutes, which notes a 6-year retention)2 years 4 years 6 years Department preference; Video recording of meetings are only required for 90 days; GC §§34090.7, 60201 -22-

RECORDS RETENTION SCHEDULE: CITY CLERK’S OFFICE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CCO-8 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total City Clerk CC-029 Records Management Records (Includes, but not limited to, Destruction Lists / Certificates of Records Destruction / Authority to Destroy Obsolete Records / Authority to Transfer Records to Offsite Facility) Until Scanned P P Department Preference; GC §34090, et seq. Certificates of destruction filed with the corresponding resolution authorizing records destruction. City Clerk CC-030 Redevelopment Plan 10 years P P Vital: Before Purchase or Sale. Department Preference; GC §34090, et. seq.City Clerk CC-031 Reorganization Files (Historical) (Includes, but not limited to, Notice of Reorganization, correspondence to various agencies) P N/A P City Clerk CC-032 Resolutions (Includes City Council, all City Brown Act bodies; e.g., Commission, Committees, Boards) P N/A P Vital (all). GC §34090, et seq. City Clerk CC-033 Social Media Records 2 years N/A 2 years City Clerk CC-034 Subpoenas to Appear / Subpoenas for Records 1 year + Current year 1 year 2 years -23-

RECORDS RETENTION SCHEDULE: CITY CLERK’S OFFICE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CCO-9 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total ELECTIONS City Clerk CC-035 Assessment District Ballots / Protest Letters – Prop. 218 proceedings 2 years N/A 2 years Department preference to be consistent with other types of ballots; Statewide guidelines propose permanent; EC §§ 17302, 17306; CA Constitution Art. XIIICity Clerk CC-036 Elections – ADMINISTRATION (Includes, without limitation, correspondence, Los Angeles County Registrar-Recorder reports and election-related meeting materials, calendars, blank forms, copy of candidate/nomination notebook, polling places/vote centers listings, copies of requisitions/invoices)5 years N/A 5 years Used for a model for the next election, GC §34090 City Clerk CC-037 Elections – HISTORICAL (Includes, without limitation, sample ballot, copies of election-related resolutions and staff reports, election notices, certificate of election results/canvass, certificates of election, maps)4 years P P Retained for Historical Value, GC §34090 City Clerk CC-038 Elections – NON-MUNICIPAL (Includes, without limitation, correspondence, sign complaints/notices) 2 years N/A 2 years -24-

RECORDS RETENTION SCHEDULE: CITY CLERK’S OFFICE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CCO-10 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total City Clerk CC-039 Petitions (Initiative, Recall, or Referendum) Election Results or Final Examination + 8 Months N/A Election Results or Final Examination + 8 Months Not accessible to the public; The 8-month retention applies after election results, or final examination if no election. Applies unless a legal/FPPC proceeding. EC §§17200, 17400 City Clerk CC-040 Nomination Papers – All Candidates (Successful and Unsuccessful) (Includes Official Nomination Papers and signature verification records, Code of Fair Campaign Practices, candidate statement forms and receipts, ballot designation worksheet, transliteration form, and all other required forms filed with the nomination papers, except FPPC records) Duration of term of office sought + 4 years N/A Duration of term of office sought + 4 years Department Preference; Statewide guidelines proposes 4 years for successful candidates, 2 years for unsuccessful; CA law states term of office and 4 years after the expiration of term and does not delineate between the two; EC §17100 City Clerk CC-041 Oath of Office Files (Historical) (Includes, without limitation, signed oaths of office, copies of certificates of election, coordinating/planning documents, photos) P N/A P These files are maintained on-site in the City Clerk’s Office. -25-

RECORDS RETENTION SCHEDULE: CITY CLERK’S OFFICE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CCO-11 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total POLITICAL REFORM ACT – FAIR POLITICAL PRACTICES COMMISSION (FPPC) RECORDS City Clerk CC-042 Campaign Statements – OFFICEHOLDERS (Mayors, Council Members, Candidates holding the above offices, their controlled committees, and committees supporting such officeholders and candidates) (Includes Forms 410, 501, 460, 470, and all forms related to campaign statements; and any correspondence regarding enforcement action or request for advice from the FPPC) Until Leaving Office & Scanned P P Authority: GC §§81009 and 84615, and FPPC Regulations §§ 18944 and 18944.1. City Clerk CC-043 Campaign Statements – NON-INCUMBENT CANDIDATES/NOT ELECTED (Non-incumbent candidates not elected and committees supporting candidates not elected to above offices) (Includes Forms 410, 501, 460, 470, and all forms related to campaign statements; and any correspondence regarding enforcement action or request for advice from the FPPC) Termination of Committee + 2 years 5 years Termination of Committee + 7 years Authority: GC §§81009 and 84615, and FPPC Regulations §§ 18944 and 18944.1. -26-

RECORDS RETENTION SCHEDULE: CITY CLERK’S OFFICE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CCO-12 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total City Clerk CC-044 Campaign Statements – GENERAL PURPOSE AND BALLOT MEASURE COMMITTEES (All other filers not listed above, e.g., general purpose (PAC), ballot measure committees) (Includes Forms 410, 501, 460, 470, and all forms related to campaign statements; and any correspondence regarding enforcement action or request for advice from the FPPC) Termination of Committee + 2 years 5 years Termination of Committee + 7 years Authority: GC §§81009 and 84615, and FPPC Regulations §§ 18944 and 18944.1. City Clerk CC-045 FPPC Form 804 (Agency Report of New Positions) Until Scanned N/A P Authority: GC §§81009 and 84615, and FPPC Regulations §§ 18944 and 18944.1. Optional form; not readily used. If used, file with corresponding Conflict of Interest Code Resolution. City Clerk CC-046 FPPC Form 805 (Agency Report of Consultants) Until Scanned N/A P Authority: GC §§81009 and 84615, and FPPC Regulations §§ 18944 and 18944.1. Optional form; not readily used. If used, file with corresponding Conflict of Interest Code Resolution. -27-

RECORDS RETENTION SCHEDULE: CITY CLERK’S OFFICE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CCO-13 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total City Clerk CC-047 Political Reform Act – Annual File (Includes, without limitation, log, correspondence, filer notifications/reminders, Form 501s (Candidate Intention Statement) for unsuccessful candidates without a committee, Forms 801 (Gift to Agency Report), 802 (Tickets Provided by Agency Report), 803 (Behested Payment Report), and 806 (Agency Report of Public Official Appointments), 496 (Independent Expenditure Reports), Real Property Interests List, Local Agency Biennial Notice, and other miscellaneous forms)2 years 5 years 7 years Authority: GC §§81009 and 84615, and FPPC Regulations §§ 18944 and 18944.1. City Clerk CC-048 Statements of Economic Interests (Form 700) – ALL FILERS (Includes all original statements, copies of GC §87200 filers’ statements, copies of statements filed electronically with the FPPC, and ethics training certificates for Commissioners/Committee Members (employee certificates filed with HR)) Leaving Office + 2 years 5 years Leaving Office + 7 years Authority: GC §§81009 and 84615, and FPPC Regulations §§ 18944 and 18944.1. Ethics training certificates minimum 5 years per GC §53235.2(b). -28-

RECORDS RETENTION SCHEDULE: CITY MANAGER’S OFFICE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CMO-1 Note: If the record type you are looking for is not listed on this schedule, refer to the Citywide Retention Schedule. Retentions begin when the record is finished/completed and are applied at the file folder level (e.g., date of last record in file + retention period). Litigation, claims, complaints, audits, pending records requests, and/or investigations may suspend normal retention periods (retention resumes after settlement). The City Clerk is the City’s custodian of records; while some records may be – as a practical matter – stored in a particular department, only the City Clerk responds to public records requests, litigation, etc.). Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total City Manager CM-001 Correspondence – Ingoing and Outgoing (Includes letters, memorandums, invitations to City Council and Staff, etc.)2 years N/A 2 years GC §34090 City Manager CM-002 Press Releases 2 years N/A 2 years GC §34090 City Manager CM-003 Project Files (i.e., Cannabis Business Permits (CBP), special projects, etc.) 2 years N/A 2 years Vital: While Active Issues; GC §34090 City Manager CM-004 Speeches / Certificates / Proclamations 2 years N/A 2 years GC §34090 City Manager CM-005 Surveys / Questionnaires (Issued by the City Manager) 2 years N/A 2 years GC §34090 City Manager CM-006 Weekly Updates (Final from all Departments) 2 years N/A 2 years GC §34090 -29-

RECORDS RETENTION SCHEDULE: CITY MANAGER’S OFFICE (HUMAN RESOURCES) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 HR-1 Note: If the record type you are looking for is not listed on this schedule, refer to the Citywide Retention Schedule. Retentions begin when the record is finished/completed and are applied at the file folder level (e.g., date of last record in file + retention period). Litigation, claims, complaints, audits, pending records requests, and/or investigations may suspend normal retention periods (retention resumes after settlement). The City Clerk is the City’s custodian of records; while some records may be – as a practical matter – stored in a particular department, only the City Clerk responds to public records requests, litigation, etc. Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Human Resources HR-001 Accident / Incident Reports: VEHICLE ACCIDENT REPORTS with no injuries (Employees) (See Workers Compensation for vehicle accident reports with injuries)2 years N/A 2 years Department Preference; Claim must be filed within 1 year, lawsuit within 2 years; Statute of Limitations for contracts is 4 years; CCP §§337, et seq.; GC §§911.2, 945, 34090, 34090.6 Human Resources HR-002 Benefit Plans / Insurance Policies (Health, Dental, Life Insurance, Medical etc.) Plan Termination + 4 years N/A Plan Termination + 4 years Department preference to meet municipal government auditing standards; EEOC / ADEA (Age) requires 1 year after benefit plan termination; Federal law requires 6 years after filing date; State Law requires 2 years after action; Health Care Service Providers are 3 years; Managed Health Care Plan & Solicitors are 5 years; 29 CFR §1627.3(b)(2); 29 USC § 1027; 11 CCR § 560; 28 CCR § 1300.85.1; GC §34090 Human Resources HR-003 City Employee Events (e.g., Employee Recognition Events) 6 years N/A 6 years Department preference; GC §34090 -30-

RECORDS RETENTION SCHEDULE: CITY MANAGER’S OFFICE (HUMAN RESOURCES) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 HR-2 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Human Resources HR-004 Claims - Liability Claims against the City Final Resolution 5 years Final Resolution + 5 years, unless claimant is minor* Vital: Until Resolution. Department Preference; Covers various statute of limitations; CCP §§ 337 et seq.; GC§§ 911.2, 945, 34090, 34090.6; PC §832.5. * If claimant is a minor, when minor turns 18 years old + 4 years (if age/DOB is known) OR, if age/DOB is not known, 24 years from the date of incident.Human Resources HR-005 Claims – Potential Claim Forms 2 years N/A 2 years GC §34090 Human Resources HR-006 Carl Warren Claim Register (Database) Indefinite N/A Indefinite Vital: Until Settlement. Department preference (meets auditing requirements); GC §34090Human Resources HR-007 Classification Studies / Reorganization Studies (for employee classifications and department structures) Until Superseded, Minimum 2 years N/A Until Superseded, Minimum 2 years Department preference; EEOC / FLSA / ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; State Law requires 2-3 years; retirement benefits is 6 years from last action; 29 CFR § 1602.31 & 1627.3(b)(ii), GC §§12946, 34090; 29 USC § 1113Human Resources HR-008 Compensation Studies When No Longer Required, Minimum 2 years N/A When No Longer Required, Minimum 2 years Bureau of National Affairs recommends 2 years for all supplementary Personnel records; Wage rate tables are 1 or 2 years; State requires 2 years; 29 CFR 516.6(2), 29 CFR 1602.14, GC§§12946, 34090-31-

RECORDS RETENTION SCHEDULE: CITY MANAGER’S OFFICE (HUMAN RESOURCES) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 HR-3 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Human Resources HR-009 DMV Pull Notices When Superseded, Minimum 2 years N/A When Superseded, Minimum 2 years Transitory or source records not retained in the ordinary course of business; CHP audits every 2 years; Bureau of National Affairs recommends 2 years for all supplementary Personnel records; GC§34090Human Resources HR-010 Equal Employment Opportunity EEO-4 Reports 6 years N/A 6 years Department Preference (only 3 years is required); 29 CFR § 1602.30 Human Resources HR-011 Employee Newsletter 6 years N/A 6 years Department preference; GC §34090 Human Resources HR-012 Insurance Policies & Certificates (City- owned): JPIA / Liability (General & Public), Workers Compensation, PropertyP N/A P Vital: Before Expiration. Department preference; GC §34090; CCP§ 337 et seq. Human Resources HR-013 Job Descriptions / Specifications When Superseded + 6 years N/A When Superseded + 6 years Vital: Before Superseded. Department preference; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; State Law requires 2-3 years; retirement benefits is 6 years from last action; 29 CFR 1602.31 & 1627.3(b)(ii), GC §§12946, 34090; 29 USC 1113Human Resources HR-014 Live Scan Applications with Clearance Notes (employees, volunteers, CBP permittees)10 years 20 years 30 years Department preference; GC §34090 Human Resources HR-015 Negotiations with Bargaining Units MOU Term + 4 yearsN/A MOU Term + 4 yearsDepartment preference; GC §34090 -32-

RECORDS RETENTION SCHEDULE: CITY MANAGER’S OFFICE (HUMAN RESOURCES) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 HR-4 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Human Resources HR-016 OSHA Inspections & Citations Log 200 and Log 300, 301, 301A 7 years N/A 7 years Department Preference; Calif. Labor Division is required to keep their records 7 years; OSHA requires 5 years; State law requires 2 years; 8 CCR § 14300.33(a); 29 CFR § 1904.33, 29 CFR § 1904.44; GC§60201 et seq.; LC §6429cHuman Resources HR-017 Personnel Files - BENEFIT File - All employees (Includes benefit enrollment forms, W-4s, etc.) Separation + 2 years 28 yearsSeparation + 30 years Vital: Until Separation. Department Preference; statute of limitations for retirement benefits is 6 years from last action; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; State Law requires 2-3 years; 29 CFR § 1602.31 & 1627.3(b)(ii), GC§§12946, 60201; 29 USC § 1113 Human Resources HR-018 Personnel Files - CONFIDENTIAL File - All employees (Includes pre-employment physicals, drug and alcohol tests, FMLA, Department of Fair Employment & Housing (DFEH or EEOC) claims, I-9s, investigations, etc.) Separation + 2 years 28 yearsSeparation + 30 years Vital: Until Separation. Department preference; Files maintained separately; Claims can be made for 30 years for toxic substance exposure; 8 CCR §3204(d)(1) et seq., 29 CFR 1910.1020(d)(1)(i), GC §§12946, 34090; 29 CFR 1627.3(b)(1)(v), GC §§12946, 34090; 49 CFR § 655.71, et seq.; 49 CFR § 382.401, et seq. 49 CFR §653.71-33-

RECORDS RETENTION SCHEDULE: CITY MANAGER’S OFFICE (HUMAN RESOURCES) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 HR-5 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Human Resources HR-019 Personnel Files - Regular, Active, Permanent, Non-Regular, Temporary and Part-time (Employees) (Includes evaluations, trainings, action forms, accommodations, policy receipts etc.) Separation + 2 years 28 yearsSeparation + 30 years Vital: Until Separation. Department Preference; statute of limitations for retirement benefits is 6 years from last action; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; State Law requires 2-3 years; 29 CFR § 1602.31 & 1627.3(b)(ii), GC §§12946, 60201; 29 USC § 1113 Human Resources / Parks & Recreation HR-020 Recruitment File / Test File (Includes advertisements, applications, brochures, flyers, job announcements, letters, scantrons, tests, questions, physicals of rejected candidates, etc.)List Creation + 3 years N/A List Creation + 3 years Department preference; EEOC / FLSA / ADEA (Age) requires 1-3 years; State Law requires 2 - 3 years; 29 CFR § 1627.3(b)(i), 29 CFR § 1602.14 et seq. GC §§12946, 34090 Human Resources HR-021 Safety Meetings 2 years N/A Resolution + 2 years** Resolution of any identified hazards / complaints + 2 years. Human Resources HR-022 Summons / Lawsuits Resolution + 5 years N/A Resolution + 5 years The City Attorney’s Office only retains documents where they take on the litigation; CJPIA attorneys are responsible for most civil cases. Human Resources HR-023 Workers Compensation or Disability Claims / Employee Accident Reports Separation + 2 years 28 yearsSeparation + 30 years Department preference; Claims can be made for 30 years for toxic substance exposure; 8 CCR § 10102; 8 CCR § 15400.2, 8 CCR §3204(d)(1), et seq., 29 CFR § 1910.1020, GC §§12946, 34090; CCP §337, et seq. -34-

RECORDS RETENTION SCHEDULE: ECONOMIC DEVELOPMENT (INCLUDES HOUSING & GRANTS AND REDEVELOPMENT/SUCCESSOR AGENCY RECORDS) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 ED-1 Note: If the record type you are looking for is not listed on this schedule, refer to the Citywide Retention Schedule. Retentions begin when the record is finished/completed and are applied at the file folder level (e.g., date of last record in file + retention period). Litigation, claims, complaints, audits, pending records requests, and/or investigations may suspend normal retention periods (retention resumes after settlement). The City Clerk is the City’s custodian of records; while some records may be – as a practical matter – stored in a particular department, only the City Clerk responds to public records requests, litigation, etc. Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Economic Develop. ED-001 City Historian Files (Photos and Newspaper Clippings of Significant Historical Value) P N/A P Department Preference; GC §34090 Economic Develop. ED-002 City Newsletter P N/A P Department Preference; GC §34090 Economic Develop. ED-003 Economic Development Agreements / Loan Agreements or Grants (Administrative Files) Forgiven or Fully Paid + 5 years N/A Forgiven or Fully Paid + 5 years Department Preference (meets auditing standards); GC §34090 Economic Develop. ED-004 Economic Development Agreements / Marketing Agreements (Administrative Files) Completion + 5 years N/A Completion + 5 years Department Preference; GC §34090; CCP §337 et seq. Economic Develop. ED-005 Economic Development Projects / Potential Projects 2 years N/A 2 years Department Preference; GC §34090 Economic Develop. ED-006 Marketing Materials 2 years N/A 2 years Preliminary drafts not retained in the ordinary course of business; GC §34090 -35-

RECORDS RETENTION SCHEDULE: ECONOMIC DEVELOPMENT (INCLUDES HOUSING & GRANTS AND REDEVELOPMENT/SUCCESSOR AGENCY RECORDS) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 ED-2 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total HOUSING & GRANTS Economic Develop. / Housing & Grants ED-009 CDBG Grants: Non-profit Agencies – Applications, Selection process, Audits, etc. 2 years After Funding Agency Audit, if Required – Minimum 5 years After Funding Agency Audit, if Required – Minimum 5 years Meetings Grant auditing requirements; 7 CFR § 3016.42; 21 CFR § 1403.36 & 1403.42(b); 24 CFR §§ 85.42, 91.105(h), 92.505, 570.490, & 570.502(a&b), 28 CFR § 66.42; 29 CFR § 97.42; 40 CFR § 31.42; 44 CFR § 13.42; 45 CFR § 92.42; OMB Circular A-110 & A-133; GC §34090 Economic Develop. / Housing & Grants ED-010 Housing and Commercial Programs: Grants WITHOUT recapture / resale restrictions (e.g., Home Improvement Program, Commercial Rehabilitation Program, and Micro Enterprise Program) 2 years After Funding Agency Audit, if Required – Minimum 7 years After Funding Agency Audit, if Required – Minimum 7 years HUD requires 5 years after the project completion; documents imposing recapture / resale restrictions are 5 years after the affordability period terminates; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report; statewide guidelines propose 4 years; 24 CFR §§ 85.42, 92.508(a)&(c)(2) & 570.502(a)(16)(b), 29CFR § 97.42, GC §34090 Economic Develop. / Housing & Grants ED-011 Housing and Commercial Programs: Grants WITH recapture / resale restrictions (e.g., Home Improvement Program, Commercial Rehabilitation Program, and Micro Enterprise Program) 2 years 5 years after the Affordability Period Terminates, or when the Written Agreement Terminates, Whichever is Longer 5 years After the Affordability Period Terminates, or when the Written Agreement Terminates, Whichever is Longer HUD requires 5 years after the project completion; documents imposing recapture / resale restrictions are 5 years after the affordability period terminates; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report; statewide guidelines propose 4 years; 24 CFR §§ 85.42, 92.508(a)&(c)(2) & 570.502(a)(16)(b), 29 CFR § 97.42, GC §34090-36-

RECORDS RETENTION SCHEDULE: ECONOMIC DEVELOPMENT (INCLUDES HOUSING & GRANTS AND REDEVELOPMENT/SUCCESSOR AGENCY RECORDS) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 ED-3 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Economic Develop. / Housing & Grants ED-012 Housing Programs: Loans WITHOUT recapture / resale restrictions (e.g., First Time Home Buyers, Deferred Loans, Promissory Notes, Trust Deeds, Low Interest Loans, Commercial Rehabilitation Loans, etc.) Loan Pay-off + 5 years N/A Loan Pay-off + 5 years HUD requires 5 years after the project completion; documents imposing recapture / resale restrictions are 5 years after the affordability period terminates; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report; statewide guidelines propose 4 years; 24 CFR §§ 85.42, 92.508(a)&(c)(2) & 570.502(a)(16)(b), 29 CFR § 97.42, GC §34090 Economic Develop. / Housing & Grants ED-013 Housing Programs: Loans WITH recapture / resale restrictions (e.g., First Time Home Buyers, Deferred Loans, Promissory Notes, Trust Deeds, Low Interest Loans, Commercial Rehabilitation Loans, etc.) Loan Pay-off + 5 years 5 years After the Affordability Period Terminates, or when the Written Agreement Terminates, Whichever is Longer 5 years After the Affordability Period Terminates, or when the Written Agreement Terminates, Whichever is Longer HUD requires 5 years after the project completion; documents imposing recapture / resale restrictions are 5 years after the affordability period terminates; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report; statewide guidelines propose 4 years; 24 CFR §§ 85.42, 92.508(a)&(c)(2) & 570.502(a)(16)(b), 29 CFR § 97.42, GC §34090 -37-

RECORDS RETENTION SCHEDULE: ECONOMIC DEVELOPMENT (INCLUDES HOUSING & GRANTS AND REDEVELOPMENT/SUCCESSOR AGENCY RECORDS) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 ED-4 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total REDEVELOPMENT / SUCCESSOR AGENCY Economic Develop. ED-014 Eminent Domain / Condemnation Proceedings / Relocations 2 years 3 years 5 years Vital: Before Purchase; Department Preference (meets auditing standards); GC §34090 City Clerk ED-016 Redevelopment Plan Full Dissolution of RDA + 2 yearsN/A Full Dissolution of RDA + 2 yearsDepartment Preference for historical purposes; GC §34090 Economic Develop. ED-017 Redevelopment Project Files Full Dissolution of RDA + 2 yearsN/A Full Dissolution of RDA + 2 yearsDepartment Preference; GC §34090 -38-

RECORDS RETENTION SCHEDULE: FINANACE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 FIN-1 Note: If the record type you are looking for is not listed on this schedule, refer to the Citywide Retention Schedule. Retentions begin when the record is finished/completed and are applied at the file folder level (e.g., date of last record in file + retention period). Litigation, claims, complaints, audits, pending records requests, and/or investigations may suspend normal retention periods (retention resumes after settlement). The City Clerk is the City’s custodian of records; while some records may be – as a practical matter – stored in a particular department, only the City Clerk responds to public records requests, litigation, etc. Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total FINANCE / ACCOUNTING Finance / Accounting FIN-001 1099’s Issued 2 years N/A 6 years Department Preference; IRS: 4 years after tax is due or paid (longer for auditing & contractor delinquency); Ca. FTB: 3 years; IRS Reg §31.6001 1(e)(2), R&T §19530, GC §34090Finance / Accounting FIN-002 Accounts Payable / Invoices and Backup (All Records and Reports - Includes Invoices, P.O.s, Travel Expense Reimbursements, Petty Cash, Postage, PERS reports, check requests, backups, refunds, credits etc.)3 years 2 years 5 years Vital: Until Paid. Department Preference to facilitate grant audits or claim reimbursements; Statewide guidelines propose audit + 4 years; Published articles show 3 – 7 years; A P.O. is an Agreement. GC §34090 Finance / Accounting FIN-003 Accounts Receivable / Business License Receipts / Cash Receipts / Cash Register Tapes / Citations / Court-Ordered Payments / Deposit Slips / Transient Occupancy Tax (TOT) / Utility User's Tax / Invoices to Outside Entities / Collection Agency Assignments and Statements / Use Tax Returns, etc. 3 years 2 years 5 years Vital: Until Paid. Department Preference to meet municipal government auditing standards and IRS guidelines for records supporting employee and federal taxes (4 yrs. after tax is due or paid); IRS Reg §31.6001-1(e)(2); GC §34090 -39-

RECORDS RETENTION SCHEDULE: FINANACE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 FIN-2 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Finance / Accounting FIN-004 “Armored Truck Manifests” / Customer Receipt Books 2 years N/A 2 years GC §34090 Finance / Accounting FIN-005 Annual Direct Assessments (Parking Districts, Nuisance Abatements, CR&R, etc.) 3 years 2 years 5 years Department Preference (these are maintenance districts and do not have bonds); IRS is 4 years after tax is due or paid; Supporting documentation for Investments of Operating Funds; meets auditing standards; IRS Reg §31.6001-1(e)(2), R&T §19530, GC§34090Finance / Accounting FIN-006 Audit Management Letters 5 years N/A 5 years Department Preference; GC §34090 Finance / Accounting FIN-007 Audit Reports (CAFR - Comprehensive Annual Financial Reports, RDA, BPFC, etc.) 20 years N/A 20 years Department Preference; GC §34090 Finance / Accounting FIN-008 Audit Work Papers, Correspondence, Other Related Documents from Audit Conclusion5 years N/A 5 years Department Preference; GC §34090 Finance / Accounting FIN-009 Bank Statements, Fiscal Agent Statements, Trustee Statements, Investment Account Statements, PERS Statements, Bank Reconciliations, etc.3 years 2 years 5 years Department Preference; Published articles show 3 - 4 years; Other cities show 7 - 10 years; GC §34090, 26 CFR § 1.6001-1 Finance / Accounting FIN-010 Bankruptcy Notices – City is NOT a claimant 2 years N/A 2 years Bankruptcy Court records - City may not be a party; may or may not choose to file a claim; GC §34090, et seq-40-

RECORDS RETENTION SCHEDULE: FINANACE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 FIN-3 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Finance / Accounting FIN-011 Bankruptcy Notices – City IS a claimant 2 years N/A Resolution + 2 years Bankruptcy Court records - City may not be a party; may or may not choose to file a claim; GC §34090, et seqFinance / Accounting FIN-012 Budgets: Final 20 years N/A 20 years Vital: Current Fiscal Year. Department Preference; GC §34090 Finance / Accounting FIN-013 Check Registers: Accounts Payable 3 years 2 years 5 years Department preference (meets auditing standards); GC §34090 Finance / Accounting FIN-014 Checks / Warrants - Canceled (Cashed) or Voided 3 years 2 years 5 years Department preference (meets auditing standards); GC §34090 Finance / Accounting FIN-015 Developers’ Bond Documents Returned + 2 yearsN/A Returned + 2 yearsDepartment preference (meets auditing standards); GC §34090 Finance / Accounting FIN-016 Financial Services Database / Business Permit DatabaseP N/A P Vital. Department preference - Data is inter-related; GC §34090 Finance / Accounting FIN-017 Fixed Assets – Annual Listing (Source Documents) 3 years 2 years 5 years Department preference (meets auditing standards); GC §34090 Finance / Accounting FIN-018 Indirect Cost Plans 5 years N/A 5 years Department preference (meets auditing standards); GC §34090 Finance / Accounting FIN-019 Investment Files / Receipts / Advisor Reports / Trade Tickets / LAIF (Local Agency Investment Fund)5 years N/A 5 years Vital: Until Paid. Department preference (meets auditing standards); GC §34090 Finance / Accounting FIN-020 Journal Entries / Vouchers 3 years 2 years 5 years Department preference (meets auditing standards); GC §34090 -41-

RECORDS RETENTION SCHEDULE: FINANACE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 FIN-4 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Finance / Accounting FIN-021 State Reports: State Controllers Report / Local Government Compensation Report, Property Management Plan, Obligation Payment Schedules, Due Diligence Reviews, Gas Tax, MOE (Maintenance of Effort) Report, RDA Statement of Indebtedness 5 years N/A 5 years Department preference (meets auditing standards); GC §34090 Finance / Accounting FIN-022 Utility Users' Tax Exemption Applications 3 years N/A 3 years Department preference; GC §34090 FINANCE / PAYROLL Finance / Payroll FIN-023 Annual Valuation Reports / Periodic Employer Statements 3 years 2 years 5 years Department Preference; Retained to match other auditing periods; GC §34090 Finance / Payroll FIN-024 Checks / Warrants - Payroll Canceled (Cashed) or Voided 3 years 2 years 5 years Department Preference; IRS: 4 yrs. after tax is due or paid; Ca. FTB: 3 years; Articles show 7 years; IRS Reg §31.6001-1(e)(2), R&T §19530; 29 CFR §§ 516.5 - 516.6, 29 USC § 436, GC§34090Finance / Payroll FIN-025 Payroll Tax Returns 3 years 2 years 5 years Department Preference; IRS: 4 yrs. after tax is due or paid; Ca. FTB: 3 years; IRS Reg §31.6001-1(e)(2), R&T §19530; 29 CFR § 516.5 - 516.6, 29 USC § 436, GC §34090-42-

RECORDS RETENTION SCHEDULE: FINANACE For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 FIN-5 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Finance / Payroll FIN-026 Payroll Registers (Taxes, Salary/Wages, Deductions, etc.) / CalPERS Bi-Weekly Reports / Payroll Check Registers 3 years 2 years 5 years Department Preference; IRS: 4 yrs. after tax is due or paid; Ca. FTB: 3 years; IRS Reg §31.6001-1(e)(2), R&T §19530; 29 CFR §§ 516.5 - 516.6, 29 USC §436, GC §34090Finance / Payroll FIN-027 Time Cards WITH employee signatures 3 years 2 years 5 years Meets auditing standards (audit + 4 years); IRS requires 4 years; other State and Federal regulations require 2 years; FTB keeps 3 years; 29 CFR § 516.6(a)(1); IRS Reg §31.6001-1(e)(2), R&T §19530; LC §1174(d); GC§34090Finance / Payroll FIN-028 W-2’s 20 years N/A 20 years Department Preference to assist with PERS Buy-backs; Ca. FTB: 3 years; IRS Reg §31.6001-1(e)(2), R&T §19530; 29 CFR §§ 516.5 - 516.6, 29 USC § 436, GC §34090 -43-

RECORDS RETENTION SCHEDULE: PARKS AND RECREATION For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PR-1 Note: If the record type you are looking for is not listed on this schedule, refer to the Citywide Retention Schedule. Retentions begin when the record is finished/completed and are applied at the file folder level (e.g., date of last record in file + retention period). Litigation, claims, complaints, audits, pending records requests, and/or investigations may suspend normal retention periods (retention resumes after settlement). The City Clerk is the City’s custodian of records; while some records may be – as a practical matter – stored in a particular department, only the City Clerk responds to public records requests, litigation, etc. Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Parks & Recreation PR-001 Agendas, Agenda Packets - Parks and Recreation Commission 2 years + Until Scanned P P Department preference; GC §34090 Parks & Recreation PR-002 Annotated Agendas – Parks & Recreation Commission 2 years N/A 2 years Department preference; GC §34090 Parks & Recreation PR-003 Applications for Employment or Resumes for Parks and Recreation Jobs: SOLICITED / RECRUITMENT FILE 3 years N/A 3 years Department Preference (Parks & Recreation handles its own recruitments; No positions open; therefore, not deemed to be an applicant, nor part of City recruitment practices; 2 CCR § 7287.0(b)(1), GC §34090 Parks & Recreation PR-004 Applications for Employment or Resumes for Parks and Recreation Jobs: UNSOLICITED / INTEREST CARDS (NO OPEN POSITION) 2 years N/A 2 years Department Preference; GC §34090 Parks & Recreation PR-005 Bravo Sponsorship / Applications 2 years N/A 2 years Department preference; GC §34090 -44-

RECORDS RETENTION SCHEDULE: PARKS AND RECREATION For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PR-2 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Parks & Recreation PR-006 City Store Inventory [The Volunteer Center maintains the City Store and keeps track of current inventory on a spreadsheet. The City Store consists of selling items that are branded with the City logo and include: clothing (t-shirts, tank tops, hats), as well as mugs, pencils, pens, blankets and more. Items are sold at City events and at the Volunteer Center.] 2 years N/A 2 years Department Preference; GC §34090 Parks & Recreation PR-008 Evaluations / Surveys of Programs 2 years N/A 2 years Department Preference; GC §34090 Parks & Recreation / WJBCA PR-009 Facility Use Permits / Facility Use Agreements 2 years from end of event N/A 2 years Vital: Before Event. Department preference; GC §34090; CCP §337, et seq. Parks & Recreation PR-010 Film Permits on Park Facilities 2 years from end of eventN/A 2 years Department preference; GC §34090; CCP §337, et seq. -45-

RECORDS RETENTION SCHEDULE: PARKS AND RECREATION For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PR-3 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Parks & Recreation / WJBCA PR-011 Grant Project Files (i.e., applications, agreements, supporting documentation, etc.) 2 years After Funding Agency Audit, if Required - Minimum 5 years After Funding Agency Audit, if required - Minimum 5 years Meets auditing standards; Grants covered by a Consolidated Action Plan are required for 5 years; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report or final payment of grantee or subgrantee; statewide guidelines propose 4 years; 21 CFR § 1403.36 & § 1403.42(b); 24 CFR § 85.42, § 91.105(h), § 92.505, & § 570.502(b), 28 CFR § 66.42; 29 CFR § 97.42; 40 CFR § 31.42; 44 CFR § 13.42; 45 CFR 92.42; OMB Circular A-133 Parks & Recreation PR-012 Insurance for Special Events Event Date + 2 years N/A Event Date + 4 years Vital: Before Event. Statute of limitations for breach of contract is four years. Department preference; GC §34090; CCP §337, et seq. Parks & Recreation PR-014 Park / Facility Historical Files P N/A P Department preference; GC §34090 Parks & Recreation PR-015 Recreation Database [The program used is ActiveNet. It is used for facility rentals, and class/event registration. The information is stored by ActiveNet in the cloud.] Indefinite N/A Indefinite GC §34090 Parks & Recreation PR-016 Recreation Program Brochures P N/A P Department preference; GC §34090 -46-

RECORDS RETENTION SCHEDULE: PARKS AND RECREATION For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PR-4 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Parks & Recreation PR-017 Special Event and Program Files (e.g., Car Show, Chamber of Commerce events, Holiday Decorating Contest, July 4th, Liberty, Streetfest, Tree Lighting, BRAVO, etc.) 5 years N/A 5 years Department preference; GC §34090; CCP §337, et seq. Parks & Recreation PR-018 Transportation - Trolley (e.g., purchase, repairs, miscellaneous correspondence) P N/A P Department preference; GC §34090 Parks & Recreation PR-019 Transportation - Trolley Rentals 5 years N/A 5 years Department preference (meets auditing requirements); GC §34090 Parks & Recreation PR-020 Transportation / Dial-a-Ride / Fixed Route Applications 2 years N/A 2 years* * 2 years unless a grant agreement requires longer retention. Department preference; GC §34090 Parks & Recreation PR-021 Transportation / Dial-a-Ride / Fixed Route Contract Administration Completion + 5 years N/A Completion + 5 years* * Completion + 5 years unless a grant agreement requires longer retention. Vital: Before Completion. Department preference; GC §34090; CCP §337, et seq.Parks & Recreation PR-022 Transportation / Dial-a-Ride / Fixed Route Ridership Breakdowns / Monthly Reports 2 years N/A 2 years* * 2 years unless a grant agreement requires longer retention. Department preference (meets auditing requirements); GC §34090-47-

RECORDS RETENTION SCHEDULE: PARKS AND RECREATION For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PR-5 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Parks & Recreation PR-023 Video Recordings of Special Events 2 years N/A 2 years Does not record regular and ongoing operations; GC §§34090.6, 60201, et seq. PARK FACILITIES Parks & Recreation / Park Facilities PR-025 Agreements for Contractors: Adult and Youth Sports Leagues, Class Instructors, DJ's etc. Completion + 5 years N/A Completion + 5 years Vital: Until Completion. Department preference; GC §34090; CCP §337, et seq. Parks & Recreation / Park Facilities PR-027 Program Files (These files do NOT include public facilities records; e.g., Bellflower Looking Better, BRIM, Farmer's Market, Holiday Food Basket) 2 years N/A 2 years Department preference; GC §34090 Parks & Recreation / Park Facilities PR-028 Registration / Liability Forms / Release of Liability Forms / Permissions (e.g., field trips) 2 years N/A 2 years, unless for minors* Department preference; GC §34090 *If for minors, then must be retained until minor is 18 years old. Parks & Recreation / Park Facilities / Public Works PR-029 Pool Chemical Addition Logs (i.e., Caruthers Park wading pool and Aquatic Center pool) 2 years 28 years 30 years Department Preference; Claims can be made for 29 years for toxic substance exposure; 8 CCR §3204(d)(1), et seq., GC §§12946, 34090 -48-

RECORDS RETENTION SCHEDULE: PARKS AND RECREATION For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PR-6 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Parks & Recreation / Park Facilities PR-030 Weekend Reports 2 years N/A 2 years VOLUNTEER CENTER Parks & Recreation / Volunteer Center PR-031 Farmer's Market Files (e.g., Health Dept. and U.S. Dept. of Agriculture licenses and permits for the Farmer's Market to operate; citations and warnings issued by the Health Dept. or USDA) 2 years N/A 2 years Vital: During Event. Department preference; GC §34090 Parks & Recreation / Volunteer Center PR-032 Volunteer Applications / Youth Sports Coaches - SUCCESSFUL Applicants Inactive / Separation + 3 years N/A Inactive / Separation + 3 years Consistent with employee personnel files (Courts treat volunteers as employees); EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; 29 CFR §§ 1602.31 & 1627.3(b)(ii), 8 CCR §3204(d)(1), et seq., GC §§12946, 34090Parks & Recreation / Volunteer Center PR-033 Volunteer Applications / Youth Sports Coaches - UNSUCCESSFUL or Pending Applicants 3 years N/A 3 years Consistent with employee personnel files (Courts treat volunteers as employees); EEOC/FLSA/ADEA (Age) requires 3 years for promotion, emotion, transfer, selection, or discharge; 29 CFR §§ 1602.31 & 1627.3(b)(ii), 8 CCR §3204(d)(1), et seq., GC §§12946, 34090 -49-

RECORDS RETENTION SCHEDULE: PLANNING AND BUILDING SERVICES (PLANNING DIVISION) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PL-1 Note: If the record type you are looking for is not listed on this schedule, refer to the Citywide Retention Schedule. Retentions begin when the record is finished/completed and are applied at the file folder level (e.g., date of last record in file + retention period). Litigation, claims, complaints, audits, pending records requests, and/or investigations may suspend normal retention periods (retention resumes after settlement). The City Clerk is the City’s custodian of records; while some records may be – as a practical matter – stored in a particular department, only the City Clerk responds to public records requests, litigation, etc. Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Planning PL-001 Aerial Maps P N/A P Department Preference; GC §34090, et seq. Planning PL-002 Alcoholic Beverage License Application Copies / Notices of Transfer of ABC License / Liquor License Requests (City’s copy) 2 years N/A 2 years GC §34090, et seq. Planning PL-003 Annexations / City Boundaries 2 years P P GC §34090, et seq. Planning PL-004 Audio Recordings – Meetings (All advisory bodies appointed by the City Council, including Planning Commission) 2 years N/A 2 years Department preference; State law only requires for 30 days; GC §54953.5(b) Planning PL-005 Census, Demographics 10 years N/A 10 years Must be retained as it relates to the redistricting process. -50-

RECORDS RETENTION SCHEDULE: PLANNING AND BUILDING SERVICES (PLANNING DIVISION) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PL-2 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Planning PL-006 Environmental Determinations: Environmental Impact Reports (EIRs), Negative Declarations, etc. (Projects outside City boundaries; for projects inside City boundaries, see “Planning Case Files”) 2 years N/A 2 years EIRs and Negative Declarations within the City Boundaries are with the project file. Planning PL-007 General Plan / Elements and Amendments / Housing Element P N/A P Vital: Current. Department Preference; GC §34090, et seq. Planning PL-008 GIS Database Indefinite N/A Indefinite Vital. Data is interrelated; GC §34090 Planning PL-009 Master Plans / Specific Plans P N/A P Department Preference; GC §34090, et seq. Planning PL-010 Miscellaneous Minor Planning Applications (Includes Temporary Use Permits, Outside Display Permits, Banner Permits, Outdoor Dining Permits, and Business Recovery Program Applications)2 years N/A 2 years from permit end date GC §34090 et seq. -51-

RECORDS RETENTION SCHEDULE: PLANNING AND BUILDING SERVICES (PLANNING DIVISION) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PL-3 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Planning PL-011 Planning Case Files - Approved & Unapproved Permanent Entitlements (Includes associated CEQA noticing, Environmental Impact Reports (EIRs), Negative Declarations, public noticing, environmental determinations, staff reports, plans & maps, determination letters, action letters, various studies including noise and seismic, etc.) [Examples: Conditional Use Permit (CUP), subdivisions, tentative parcel maps, tentative track maps, zone changes, zone variances, etc.]Project Completion + Until Scanned P P Vital. GC §34090, et seq. Final environmental determinations are required to be kept a "reasonable period of time"; 14 CCR §15095(c); GC §34090 Planning PL-012 Planning Case Logs / Indexes 2 years P P Vital. Department Preference; GC §34090, et seq. Planning PL-013 Private Development Project Maps & Records (Includes parcel maps, easements, tract maps) 2 years P P Vital (all). Department Preference; GC §34090 Planning PL-014 Regional Organizational Studies & Programs where other agencies are the Lead (e.g., air quality studies, etc.)2 years N/A 2 years -52-

RECORDS RETENTION SCHEDULE: PLANNING AND BUILDING SERVICES (BUILDING & SAFETY DIVISION) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 B&S-1 Note: If the record type you are looking for is not listed on this schedule, refer to the Citywide Retention Schedule. Retentions begin when the record is finished/completed and are applied at the file folder level (e.g., date of last record in file + retention period). Litigation, claims, complaints, audits, pending records requests, and/or investigations may suspend normal retention periods (retention resumes after settlement). The City Clerk is the City’s custodian of records; while some records may be – as a practical matter – stored in a particular department, only the City Clerk responds to public records requests, litigation, etc. Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Building & Safety BS-001 Building Permit Database Indefinite N/A Indefinite Vital (all). Department Preference - Data is interrelated; GC §34090, H&S §19850 Building & Safety BS-002 Building Permit Files (Includes certificate of occupancy, inspection reports, correction notices, covenants to hold as a single parcel, daily work records/ inspections logs, plan check correction lists, expired permits, etc.) Until Scanned N/A P Vital (all). Statewide guidelines propose permanent; UAC §303.2, CBC §106.4.2, GC §34090, H&S §19850 Building & Safety BS-003 Building Plans and Construction Documents - Finalized - SINGLE FAMILY RESIDENTIAL (Under 2 stories and basement in height) Until Finalized + Scanned P P Vital (all). Law requires for the life of the building for commercial only; Statewide guidelines propose 2 years for blueprints & specifications; CBC and UAC require plans be retained 90 days from completion date for residential and appurtenances; UAC §303.2; CBC §106.4.2; H&S§19850, GC §34090-53-

RECORDS RETENTION SCHEDULE: PLANNING AND BUILDING SERVICES (BUILDING & SAFETY DIVISION) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 B&S-2 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Building & Safety BS-004 Building Plans and Construction Documents - Finalized - INDUSTRIAL, COMMERCIAL, MULTI-FAMILY DWELLINGS, PLACES OF PUBLIC ACCOMMODATION, TENANT IMPROVEMENTS (Includes commercial structural plans, hazardous materials questionnaire, etc.) Until Finalized + Scanned P P Vital (all). Department Preference; Law requires for the life of the building for commercial only; Statewide guidelines propose 2 years for blueprints & specifications; UAC §303.2; CBC §106.4.2; H&S §19850, GC §34090 Building & Safety BS-005 California Building Codes / Uniform Codes (CBC, CPC, etc.) that were adopted by the City When SupersededN/A P Department preference Building & Safety BS-006 Plan Checks (Drafts) Until Plan ApprovalN/A Until Plan ApprovalDepartment preference Building & Safety BS-007 Reports: Annual Report of Building Permit Activity 2 years N/A 2 years Department Preference; Drafts and transitory / preliminary draft records; GC §34090 Building & Safety BS-008 Reports: Monthly and Periodic Reports of Building Activity (Dodge Reports, etc.) 2 years N/A 2 years Preliminary draft / transitory record; GC §34090 Building & Safety BS-009 Requests & Permissions to Receive Copies of Plans (i.e., Affidavit to Duplicate Plans) 2 years N/A 2 years GC §34090 -54-

RECORDS RETENTION SCHEDULE: PLANNING AND BUILDING SERVICES (BUSINESS LICENSING DIVISION) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 BL-1 Note: If the record type you are looking for is not listed on this schedule, refer to the Citywide Retention Schedule. Retentions begin when the record is finished/completed and are applied at the file folder level (e.g., date of last record in file + retention period). Litigation, claims, complaints, audits, pending records requests, and/or investigations may suspend normal retention periods (retention resumes after settlement). The City Clerk is the City’s custodian of records; while some records may be – as a practical matter – stored in a particular department, only the City Clerk responds to public records requests, litigation, etc. Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Business Licenses PL-001 Business Licenses - Applications & Renewals (Includes motorized and unmotorized vendors and on-going bingo) 2 years Close + 3 years Close + 5 years Department Preference; meets auditing standards; GC §34090, et seq. Business Licenses PL-002 Business Licenses - One-time Permits (Includes closing-out, fire sale, bingo, fireworks, parking lot sales, sidewalk sales, etc.) 2 years N/A 2 years Department Preference; meets auditing standards; GC §34090, et seq. Business Licenses PL-003 Business Licenses (Database) Indefinite N/A Indefinite Vital: Before Termination. Data is inter-related; GC §34090, et seq. Business Licenses PL-004 Permits (Includes amusement, dance and entertainment, block party, escort bureau, fortune telling, massage establishment, news rack, parade, patrol system and private patrolmen business, tow car business, vendors, film, mechanical and electronic amusement) 2 years Closed + 3 years 5 years Department Preference; meets auditing standards; GC §34090, et seq. -55-

RECORDS RETENTION SCHEDULE: PLANNING AND BUILDING SERVICES (BUSINESS LICENSING DIVISION) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 BL-2 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Business Licenses PL-005 Solicitors Permits / Non-Profit Permits 2 years 3 years 5 years Vital: Before Close. Department Preference; meets auditing standards; GC §34090, et seq.Business Licenses PL-006 Taxi Cab Company Permits / Taxi Cab Driver Permits / Taxi Cab Business License Renewals 2 years N/A 2 years Department Preference; meets auditing standards; GC §34090 et seq. -56-

RECORDS RETENTION SCHEDULE: PUBLIC SAFETY For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PS-1 Note: If the record type you are looking for is not listed on this schedule, refer to the Citywide Retention Schedule. Retentions begin when the record is finished/completed and are applied at the file folder level (e.g., date of last record in file + retention period). Litigation, claims, complaints, audits, pending records requests, and/or investigations may suspend normal retention periods (retention resumes after settlement). The City Clerk is the City’s custodian of records; while some records may be – as a practical matter – stored in a particular department, only the City Clerk responds to public records requests, litigation, etc. Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Public Safety PS-001 Administrative Citation Hearings 2 years N/A 2 years GC §34090 Public Safety PS-002 Administrative Payment Plans Paid + 2 years N/A Paid + 2 years Public Safety PS-003 Annotated Agendas – Public Safety Commission and Public Safety Review Committee 2 years N/A 2 years Department preference; GC §34090 Public Safety PS-004 Citations (Hand Written Parking Citations / Hand Written Administrative Citations Only)2 years N/A 2 years Department preference; GC §34090 Public Safety PS-005 City Towing Records (Includes CHP 180s and tow releases)2 years N/A 2 years Department preference; GC §34090 Public Safety PS-006 Crime Reports (created by Public Safety) 2 years N/A 2 years Department preference Public Safety PS-007 Emergency Operation Plans When SupersededN/A When Superseded Department preference; GC §34090 Public Safety PS-008 False Alarms - Warning Letters and Violation Notices 2 years N/A 2 years GC §34090 Public Safety PS-009 Hazardous Mitigation Plan 2 years N/A 2 years* * Retention may be longer than 2 years if grant funding is used. Consult with the City Clerk. -57-

RECORDS RETENTION SCHEDULE: PUBLIC SAFETY For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PS-2 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Public Safety PS-010 LiveScan Finger Print Forms 2 years N/A 2 years Public Safety PS-011 Parking Citation Database Indefinite N/A Indefinite Data is inter-related; GC §34090 Public Safety PS-012 Permit Parking Application Forms (All) 2 years N/A 2 years Department preference; GC §34090 Public Safety PS-013 Weekly Field Activity Reports 2 years N/A 2 years -58-

RECORDS RETENTION SCHEDULE: PUBLIC SAFETY (CODE ENFORCEMENT DIVISION) For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 CE-1 Note: If the record type you are looking for is not listed on this schedule, refer to the Citywide Retention Schedule. Retentions begin when the record is finished/completed and are applied at the file folder level (e.g., date of last record in file + retention period). Litigation, claims, complaints, audits, pending records requests, and/or investigations may suspend normal retention periods (retention resumes after settlement). The City Clerk is the City’s custodian of records; while some records may be – as a practical matter – stored in a particular department, only the City Clerk responds to public records requests, litigation, etc. Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Code Enforce. CE-001 Code Enforcement Database Indefinite N/A Indefinite Vital. Data fields are interrelated; GC §34090 Code Enforce. CE-002 Code Enforcement Case Files (Includes public nuisance abatements) (e.g., administrative citations, correspondence, Notices of Violation) Until Closed N/A 7 years Vital: Until Resolution. 3 years in effect, plus 4 years for breach; GC §34090 Code Enforce. CE-003 Vacant Property Registrations Current year + 1 year N/A 2 years Code Enforce. CE-004 Vendor Citations Current year + 1 year N/A 2 years -59-

RECORDS RETENTION SCHEDULE: PUBLIC WORKS [INCLUDES ENGINEERING, ENVIRONMENTAL SERVICES & SOLID WASTE, FACILITIES, MAINTENANCE, STREETS, AND WATER] For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PW-1 Note: If the record type you are looking for is not listed on this schedule, refer to the Citywide Retention Schedule. Retentions begin when the record is finished/completed and are applied at the file folder level (e.g., date of last record in file + retention period). Litigation, claims, complaints, audits, pending records requests, and/or investigations may suspend normal retention periods (retention resumes after settlement). The City Clerk is the City’s custodian of records; while some records may be – as a practical matter – stored in a particular department, only the City Clerk responds to public records requests, litigation, etc. Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Public Works PW-001 Air Quality Management District (AQMD) Permits Expiration of Permit + 5 years N/A Expiration of Permit + 5 years 40 CFR 70.6; GC §34090 Public Works PW-002 Billing / Invoices for Damage to City Property - Supporting Documentation (e.g., photos of accidents damaging light poles, etc.) Paid N/A Paid + 2 years Vital: Until Paid. Department Preference (copies); GC §34090.7 Public Works PW-003 Confined Space Entries & Logs (e.g., permitted entries into confined spaces such as sewers and storm drains in order to comply with regulations) 2 years N/A 2 years 8 CCR § 5157(c)(6); GC §34090 Public Works PW-004 Storm Drain Video Inspection Reports / Video or Digital Recordings 10 years N/A 10 years -60-

RECORDS RETENTION SCHEDULE: PUBLIC WORKS [INCLUDES ENGINEERING, ENVIRONMENTAL SERVICES & SOLID WASTE, FACILITIES, MAINTENANCE, STREETS, AND WATER] For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PW-2 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total ENGINEERING Public Works / Eng. PW-005 Capital Improvement Projects (CIP) / Specification Files: INFRASTRUCTURE AND FACILITIES CONSTRUCTION (where the Capital Improvement is owned by the City) (Includes project administration, certified payrolls, insurance certificates, project schedules, punch lists, unsuccessful proposals, plans, specifications, agreements, contracts, bids/RFPs, successful proposal, change orders, notice of completion, materials testing reports, grading permits, soils reports, studies, surveys, as-builts, etc.)Upon Completion P P Vital: Until Completed. All permanent project files are maintained in Engineering no matter what department was involved in the project; retained for disaster preparedness purposes (City Clerk does not maintain original agreements for CIP Projects, Plans, Materials Testing Reports, etc.) Statewide guidelines propose Permanent for Infrastructure plans; GC §34090 Public Works / Eng. PW-006 Capital Improvement Projects (CIP) / Specification Files: MAINTENANCE PROJECTS where Public Works is the Lead Department – Painting, Tree Trimming, etc. (Includes plans, specifications, agreements, contracts, bids/RFPs, successful proposal, change orders, insurance certificates, notice of completion, materials testing reports, etc.) Completion + 3 years 7 years or after funding agency audit, if required, whichever is longer Completion + 10 years or after funding agency audit, if required, whichever is longer Vital: Until Completed. Maintenance projects do not need to be maintained permanently; Statute of Limitations for Errors & Omissions is 10 years; Published Audit Standards=4-7 years; Statute of Limitations: Contracts & Spec's=4 years, Wrongful Death=comp. + 5 years, Developers=comp. + 10 years; Statewide guidelines propose termination + 5 years; CCP §§336(a), 337, et seq., GC §34090City Clerk PW-007 Deeds and Easements NOTE: City Clerk is the Office of Record for deeds and easements.Copies - When No Longer Required N/A Copies - When No Longer Required Copies; GC §34090.7 -61-

RECORDS RETENTION SCHEDULE: PUBLIC WORKS [INCLUDES ENGINEERING, ENVIRONMENTAL SERVICES & SOLID WASTE, FACILITIES, MAINTENANCE, STREETS, AND WATER] For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PW-3 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Public Works / Eng. PW-008 Encroachment Permits / Licenses / Plans and Drawings for Utilities and Miscellaneous Infrastructure: PERMANENT (Includes as-builts, record drawings, awnings, retaining walls, permission to occupy, etc.)P N/A P Vital: Until Revocation. Department Preference; CCP §337, et seq.; GC §34090 Public Works / Eng. PW-009 Encroachment Permits / Licenses: CONSTRUCTION (Includes as-builts, record drawings, awnings, retaining walls, permission to occupy, etc.) P N/A P Vital: Until Completion. Department Preference for billing purposes, and because (warrantees are typically for 5 years); Covers various statute of limitations, including errors and omissions; Statewide guidelines propose Permanent; CCP §337, et seq.; GC §34090Public Works / Eng. PW-010 Encroachment Permits / Licenses: TEMPORARY (Includes as-builts, record drawings, awnings, retaining walls, permission to occupy, traffic control, debris boxes, dumpsters, etc.)Expiration + 2 years N/A Expiration + 2 years Vital: Until Completion. Department Preference; GC §34090 Public Works / Eng. PW-011 Engineering Studies / Surveys NOTE: All, except for street surveys. See PW-012 for retention.P N/A P Department Preference; GC §34090 Public Works / Eng. PW-012 Master Plans / Strategic Plans (e.g., tree master plan, sewer master plan, etc.) P N/A P Vital (all). Department Preference; GC §34090 Public Works / Eng. PW-013 National Pollutant Discharge Elimination System (NPDES) Monitoring Reports 5 years 5 years 10 years -62-

RECORDS RETENTION SCHEDULE: PUBLIC WORKS [INCLUDES ENGINEERING, ENVIRONMENTAL SERVICES & SOLID WASTE, FACILITIES, MAINTENANCE, STREETS, AND WATER] For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PW-4 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Public Works PW-014 Safety Data Sheet (SDS) Database Indefinite N/A Indefinite Public Works / Eng. PW-015 Street Surveys 10 years N/A 10 years Vital (all). Department Preference; GC §34090 Public Works / Eng. PW-016 Subdivision Bonds Release of Bond/ SecurityN/A Release of Bond/ Security ENVIRONMENTAL SERVICES & SOLID WASTE Public Works / Environ. Services PW-017 Disposal Receipts / Manifests – Hazardous Waste 5 years 25 years 30 years Department preference (City contracts with the County for Household Hazardous Waste program); Consistent with statute of limitations for employee exposure to hazardous materials; 8 CCR § 3204(d)(1)(A)Public Works / Environ. Services PW-018 National Pollutant Discharge Elimination System (NPDES) Permits - Site Specific Expiration + 5 years P P Vital: Until Expiration. City preference; Monitoring records required for 3 years; 40 CFR §§122.21, 122.41, 122.44 Public Works / Environ. Services PW-019 Recycling Programs / AB 939 Compliance 3 years N/A 3 years Department Preference; GC §34090, et seq. Public Works / Environ. Services PW-020 Sanitary Sewer Overflow (SSO) Files 5 years N/A 5 years Required for a minimum of 5 years; 40 CFR §122.41(j)(2); SWRCB Order 2006-03; 40 CFR § 122.41(j)(2); GC §34090 -63-

RECORDS RETENTION SCHEDULE: PUBLIC WORKS [INCLUDES ENGINEERING, ENVIRONMENTAL SERVICES & SOLID WASTE, FACILITIES, MAINTENANCE, STREETS, AND WATER] For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PW-5 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Public Works / Environ. Services PW-021 Sewer System Management Plans (SSMP) and Audits 5 years P P Department Preference; GC §34090, et seq. Public Works / Environ. Services PW-022 Solid Waste Franchisee – Administrative File 4 years 3 years 7 years Vital: Before Completion. Department preference FACILITIES Public Works / Facilities PW-023 Backflow Certifications & Gate Valve Inspections - Irrigation, Fire Sprinklers, Potable Water System 2 years N/A 2 years CFC §2-5.7, CPC §603.3.3, GC §34090 Public Works / Facilities PW-024 Maintenance Contracts – Administrative File (e.g., fire alarm, janitorial, landscaping, pavement management, parking lot sweeping, pest control, security, striping, tree trimming, etc.) Completion 5 years Completion + 5 years Vital: Before Completion. Department Preference; CCP §§336(a), 337, et seq., GC §34090 Public Works / Facilities PW-025 Playground and Parks Safety Audits / Equipment Inspections 5 years N/A 5 years Vital: Before Completion. Department Preference; CCP §§336(a), 337, et seq., GC §34090 Public Works / Facilities PW-026 Pressure Vessel Certifications or Permits (Includes air compressors, propane, etc.) Expiration + 2 years N/A Expiration + 2 years Department preference (attached to vessel); GC §34090, et seq. -64-

RECORDS RETENTION SCHEDULE: PUBLIC WORKS [INCLUDES ENGINEERING, ENVIRONMENTAL SERVICES & SOLID WASTE, FACILITIES, MAINTENANCE, STREETS, AND WATER] For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PW-6 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total Public Works / Facilities PW-027 Safety Certifications (Includes elevators, chairlifts, fire systems, etc.) Expiration + 2 years N/A Expiration + 2 years Certificates provided by the State, which may not perform inspections every year; GC §34090 Public Works / Facilities & Parks & Rec PW-028 Swimming Pool Chemical Addition Logs (Aquatic Center) 3 years 27 years 30 years Department Preference; Claims can be made for 29 years for toxic substance exposure; 8 CCR §3204(d)(1), et seq., GC §§12946, 34090 MAINTENANCE Public Works / Maint. PW-029 Equipment and Vehicle Maintenance History (Includes vehicle accident reports) Life of Equipment or Vehicle + 2 years N/A Life of Equipment or Vehicle + 2 years Department Preference; GC §34090 Public Works / Maint. PW-030 Fuel Tickets / Gasoline Reports 2 years N/A 2 years GC §34090 Public Works / Maint. PW-031 Vehicle Inspections / Daily Equipment Checks / CHP Reports / DMV Reports 2 years N/A 2 years 13 CCR § 1234(e); GC §34090 -65-

RECORDS RETENTION SCHEDULE: PUBLIC WORKS [INCLUDES ENGINEERING, ENVIRONMENTAL SERVICES & SOLID WASTE, FACILITIES, MAINTENANCE, STREETS, AND WATER] For any questions about this retention schedule, please contact the City Clerk’s Office. Resolution No. 22-67 Adopted: 11/28/2022 PW-7 Office of Record (OFR) Reference No. Description of Records / Record Type Retention Comments / Legal References On-site Off-site Total STREETS Public Works / Streets PW-032 Graffiti Removal Database Indefinite N/A Indefinite Data is interrelated; GC §34090 Public Works / Streets PW-033 Pesticide and Herbicide Records NOTES: Includes training and written recommendations; Usage records are filed with the County Agriculture Department.2 years N/A 2 years Department Preference (agricultural pesticide records are required for 2 years); GC §26202; 3 CCR § 6623, 40 CFR § 171.11, et seq. Public Works / Streets PW-034 Tree Inventory Database Indefinite N/A Indefinite Data is interrelated; GC §§34090, 12168.7 Public Works / Streets PW-035 Underground Service Alerts (USAs) 3 years N/A 3 years Required for 3 years; GC §§4216.2(d) & 4216.3(d), WATER Public Works / Water PW-036 License to Operate / Permits for System 10 years P P Department preference; GC §34090, et seq. -66-

14-K

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 receive and file the City of Bellflower Successor Housing Agency Annual Report regarding the Low-and-Moderate Income Housing Asset Fund for
Fiscal Year 2021-2022.

DATE: November 28, 2022

EXECUTIVE SUMMARY

This Successor Housing Agency Annual Report regarding Low and Moderate Income Housing Asset Fund (LMIHAF) for Fiscal Year 2021-2022 has been prepared pursuant to California Health and Safety Code Section 34176.1(f). This Report details the activities of the City of Bellflower acting as the Successor Housing Agency (SHA) during Fiscal Year 2021-2022. As required by state law, the Annual Comprehensive Financial Report (ACFR) provides an annual, independent financial audit on the housing assets and activities of the SHA.

RECOMMENDATION TO CITY COUNCIL

1) Receive and file Successor Housing Agency Annual Report regarding Low-and-Moderate Income Housing Asset Fund for Fiscal Year 2021-2022; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

None.

DISCUSSION

Upon the dissolution of redevelopment and pursuant to Resolution No. 12-09, which was adopted on March 26, 2012, the SHA assumed the housing assets and functions of the dissolved Redevelopment Agency of the City of Bellflower (Former Agency). As a result, the SHA is responsible for housing monitoring, administration, and certain housing production requirements.

- Page 1 of 9 -

Staff Report – Successor Housing Agency Annual Report Fiscal Year 2021-2022 November 28, 2022

DISCUSSION – Continued

State law requires that Successor Housing Agencies prepare an Annual Report for each fiscal year, and that such reports be presented to the governing body within six months after the end of each fiscal year. The required Report is attached and includes all of the sections required by state law. Additionally, as required, if this Report is received and filed by the City Council, it will be posted on the City’s website no later than December 31, 2022. Furthermore, this report will be provided to the State Department of Housing and Community Development (HCD) in the spring of 2023 in conjunction with the Planning Division’s annual housing element review.

State law also requires Successor Housing Agencies to conduct an independent financial audit of their housing activities associated with the assumed assets and functions of the Former Redevelopment Agency. This required audit is included in the Annual Comprehensive Financial Report (ACFR) published in mid/late December each year.

ATTACHMENT

Successor Housing Agency Annual Report ..................................................................... 3

- Page 2 of 9 -

HOUSING SUCCESSOR ANNUAL

REPORT REGARDING THE

LOW AND MODERATE INCOME HOUSING
ASSET FUND FOR FISCAL YEAR 2021-2022

PURSUANT TO

CALIFORNIA HEALTH AND SAFETY CODE SECTION
34176.1(f) FOR THE CITY OF BELLFLOWER

SUCCESSOR HOUSING AGENCY

This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and is dated as of November 28, 2022. This Report sets forth certain details of the City of Bellflower Successor Housing Agency (Housing Successor) activities during Fiscal Year 2021-2022 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).

The following Report is based upon information prepared by Bellflower's Finance and Economic Development Departments and information contained within the independent financial audit of the LMIHAF included in the City of Bellflower’s Annual Comprehensive Financial Report for Fiscal Year 2021-2022 (Audit). Further, this Report conforms with and is organized into sections I through XIII pursuant to Health and Safety Code Section 34176.1(f) of the Dissolution Law - Page 3 of 9 -

Fiscal Year 2021-2022 Housing Successor Annual Report
November 28, 2022

I. AMOUNT DEPOSITED INTO LMIHAF FROM REINSTATED CITY/AGENCY LOANS

This section provides the amount the City received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4.

During the Fiscal Year, the total amount of loan repayments from the Successor Agency to the City was $1,020,831, of which $816,665 (80%) was deposited to the General Fund and $204,166 (20%) was deposited to the LMIHAF.

II. AMOUNT DEPOSITED INTO LMIHAF

This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited pursuant to subparagraphs (B) and (C) of paragraph (3) of subdivision (b) of Health and Safety Code Section 34191.4, and amounts for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited.

A total of $343,166 was deposited into the LMIHAF during the Fiscal Year, of which $11,250 was from bond issuer’s administrative fees, $1,404 was from investment earnings, $87,278 was from loan repayments, $39,068 was from ground lease revenues from the developer of the Bellflower Senior Terrace rental housing complex, and $204,166 was from 20% of City loan repayment pursuant to Health and Safety Code Section 34191.4(b)(3)(C), which is an item listed on the ROPS.

III. ENDING BALANCE OF LMIHAF

This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.

At the close of the Fiscal Year, the ending balance in the LMIHAF was $479,579, of which $0 is held for items listed on the ROPS.

IV. DESCRIPTION OF EXPENDITURES FROM LMIHAF

This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized.

The following is a description of expenditures from the LMIHAF by category:

LMIHAF Expenditures for Fiscal Year 2021-2022 Total Expenditures Monitoring and Administration Expenditures $51,501
Homeless Prevention and Rapid Rehousing Services Expenditures $249,637 Housing Development Expenditures $0
Expenditures on Low Income Units $0
Expenditures on Very Low Income Units $0
Expenditures on Extremely Low Income Units $0
Accrued Interest Expense on HOME Note Payable $14,989
Total LMIHAF Expenditures in Fiscal Year 2021-2022 $316,127

Pursuant to Health and Safety Code Section 34176.1(a), the Housing Successor is allowed to spend up to the greater of $200,000 or 2% of the statutory value of real property and loans and grants receivable held by the housing successor for monitoring and administration expenditures. - Page 4 of 9 -

Fiscal Year 2021-2022 Housing Successor Annual Report
November 28, 2022

The Department of Housing and Community Development has not yet published the CPI adjusted threshold for fiscal year 2021-22. The preceding fiscal year’s limit was $223,400. The City’s total monitoring and administration expenditures is were below the threshold even without the CPI adjustment.

V. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF

This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts. Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer (HAT) schedule approved by the Department of Finance (DOF) as listed in such schedule under Health and Safety Code Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF.

The following provides the statutory value of assets owned by the Housing Successor:

Asset Type
Statutory Value
as of End of Fiscal Year
Statutory Value of Real Property Owned by Housing Successor $1,051,300 Value of Loans/Notes Receivable, Net of Forgivable

$4,350,522 Loan Receivable from Successor Agency $2,503,982 Total Assets $7,905,804

VI. DESCRIPTION OF TRANSFERS

This section describes transfers, if any, to another housing successor agency made in previous fiscal years, including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.

The Housing Successor did not make any LMIHAF transfers to other housing successors under Health and Safety Code Section 34176.1(c)(2) during the fiscal year.

VII. PROJECT DESCRIPTIONS

This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.

The Housing Successor does not receive or hold property tax revenue for any project pursuant to the ROPS.

VIII. STATUS OF COMPLIANCE WITH HEALTH AND SAFETY CODE SECTION 33334.16

Health and Safety Code (“H&S”) Section 34176.1 provides that H&S Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; nevertheless, this Report presents a status update on the project related to such real property.
- Page 5 of 9 -

Fiscal Year 2021-2022 Housing Successor Annual Report
November 28, 2022

With respect to interests in real property acquired by the former redevelopment agency before February 1, 2012, the time periods described in H&S Section 33334.16 is deemed to have commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF. Accordingly, as to real property acquired by the former Redevelopment Agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset on the HAT.

The following table provides a status update on the real property or properties housing asset(s) that were acquired before February 1, 2012 and compliance with five-year period that commenced on August 29, 2012, the date of the letter issued by DOF approving these properties as housing assets on the HAT:

Address of Property Date of
Acquisition
Deadline to
Initiate
Development
Status of Housing
Successor Activity

9920 Flora Vista St
Bellflower, CA
04/11/2001 n/a Developed in 2003 and
currently operated by
the developer as
Bellflower Senior
Terrace, an affordable
senior housing rental
project.

IX. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO H&S SECTION 33413

This section describes the outstanding inclusionary and replacement housing obligations, if any, under H&S Section 33413 that remained outstanding before dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor’s progress in meeting those prior obligations, if any, of the former Redevelopment Agency and how the Housing Successor’s plans to meet unmet obligations, if any.

Replacement Housing: According to the 2010-2014 Redevelopment Agency Five Year Implementation Plan for the former Redevelopment Agency, no replacement housing obligations were transferred to the Housing Successor. The former Redevelopment Agency’s 2010-2014 Implementation Plan is posted on the City’s website at www.bellflower.org .

X. EXTREMELY-LOW INCOME TEST

Extremely Low Income Test: This section provides the information required by H&S Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for a five year period, with the time period beginning January 1, 2014, and whether the statutory thresholds have been met.

H&S Section 34176.1(a)(3)(B) requires that the Housing Successor must expend at least 30% of t he remaining funds in the LMIHAF f or the development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely-Low Income requirement in any five-year report, then the Housing - Page 6 of 9 -

Fiscal Year 2021-2022 Housing Successor Annual Report
November 28, 2022

Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely-Low Income requirement.

This information is required to be reported in the FY 2023-2024 Annual Report for the 2019– 2024 period, which is the second of the five-year periods added by Section 34176.1.

Extremely-Low Income Test 2021-2022 Period
LMIHAF Spent on Extremely-Low Income Households N/A (a) Total LMIHAF (Five Year Total) N/A (b)
Extreme-Low Income Test

N/A (a)/(b)

XI. SENIOR HOUSING TEST

This Section provides the percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report, the ten-year period reviewed is January 1, 2012 to December 31, 2021.

The Housing Successor is to calculate the percentage of units of deed-restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted by the Housing Successor, the former redevelopment agency and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units.

The following provides the Housing Successor’s Senior Housing Test for the 10-year period of 2011-2012 to 2021-2022:

Senior Housing Test 2011-12 to 2021-22 # of Assisted Senior Rental Units 0 # of Total Assisted Rental Units 0 Senior Housing Percentage 0

XII. EXCESS SURPLUS TEST

This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus.

Excess Surplus is defined in H&S Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater.

- Page 7 of 9 -

Fiscal Year 2021-2022 Housing Successor Annual Report
November 28, 2022

The following provides the Excess Surplus test for the preceding five Fiscal Years:

FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22
Cash Beginning Balance $ 334,718 $ 509,524 $ 513,966 $ 415,783 $ 460,692 Add: Deposits $ 415,172 $ 328,872 $ 246,668 $ 349,904 $ 343,166 Less: Disbursements $ 240,366 $ 324,430 $ 344,851 $ 304,995 $ 324,280 Cash Ending Balance $ 509,524 $ 513,966 $ 415,783 $ 460,692 $ 479,578

The LMIHAF does not have an Excess Surplus.

XIII. INVENTORY OF HOMEOWNERSHIP UNITS

This section provides an inventory of homeownership units assisted by the former Agency or the Bellflower Redevelopment Agency, as Housing Successor, that are subject to covenants or restrictions or to an adopted program that protects the former Agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to H&S Section 33334.3(f), including information regarding any inventory loss since February 1, 2012, and information about outside entities with which the Housing Successor contracts for monitoring and administrative services relati ng to its inventory of assisted homeownership units.

Since the dissolution of the Redevelopment Agency in 2012, there were a total of 17 First Time Homebuyer loans that were assisted by the Housing Successor and subject to recorded covenants/restrictions (please see table below for the list of currently outstanding loans), and zero Single Family Rehabilitation loans assisted by the Housing Successor that were subject to recorded covenants/restrictions. The total number of homeownership units lost in the portfolio after February 1, 2012 is five units. One unit was lost in Fiscal Year 2017-18 due to foreclosure (HAP#103); another unit was lost in the same fiscal year because the loan was repaid and satisfied (HAP#98); and the third unit was lost in Fiscal Year 2018-19 because the loan was repaid (HAP#97). The fourth unit was lost in Fiscal Year 2019-20 because the loan was repaid and satisfied (HAP#91) and the fifth was lost in Fiscal Year 2021-22 because the loan was repaid and satisfied (HAP#102).

The Housing Successor Agency has an existing agreement with Amerinat relating to certain, but not all, aspects of administration of the former Agency’s Single-Family Rehabilitation Program and First Time Homebuyer program that provided second lien mortgages for homeownership units. These consulting services include assistance with oversight and administration of amortized loan payments, if any, due; with tracking and calculation of loan balances in the event of payoff; and, other administrative activities for these outstanding Single-Family Rehab and First Time Homebuyer loans.

City Assigned
Homebuyer’s Assistance
Program #
Addr
ess
Status Update
(As of June 30, 2022)
91 16640 Bellflower Blvd (Belmont Court) CLOSED
93 16630 Bellflower Blvd (Belmont Court) ACTIVE
94 16680 Bellflower Blvd (Belmont Court) ACTIVE
95 16644 Bellflower Blvd (Belmont Court) ACTIVE
96 16660 Bellflower Blvd (Belmont Court) ACTIVE
97 16650 Bellflower Blvd (Belmont Court) CLOSED
98 16632 Bellflower Blvd (Belmont Court) CLOSED
99 16678 Bellflower Blvd (Belmont Court) ACTIVE
100 16642 Bellflower Blvd (Belmont Court) ACTIVE
101 16634 Bellflower Blvd (Belmont Court) ACTIVE
- Page 8 of 9 -

Fiscal Year 2021-2022 Housing Successor Annual Report
November 28, 2022

City Assigned
Homebuyer’s Assistance
Program #
Addr
ess
Status Update
(As of June 30, 2022)
102

9815 Walnut unit 201 CLOSED
103 9815 Walnut unit 202 CLOSED
104 9815 Walnut unit 203 ACTIVE
106 9815 Walnut unit 205 ACTIVE
107 9815 Walnut unit 206 ACTIVE
108 16670 Bellflower Blvd. (Belmont Court) ACTIVE
109 9815 Walnut unit 204 ACTIVE

Note: The preceding table shows the homeownership inventory as of June 30, 2022. During Fiscal Year 2021-22, the First Time Homebuyer program loan for HAP #102 was repaid and satisfied. During FY 2019-20, the First Time Homebuyer program loan for HAP #91 was repaid and satisfied. During FY 2018-19, one First Time Homebuyer voluntarily paid the principal amount of the program loan before it became due and payable (HAP #97). During FY 2017-18, the First Time Homebuyer program loan for HAP#98 was repaid and satisfied.

Although the program loan was satisfied, the unit was also assisted with HOME funds and will remain affordable to low-income households pursuant to its respective HOME covenants.

During FY 2017-18, 9815 Walnut St., Unit 202 (HAP#103) was lost due to foreclosure.

However, the unit will remain affordable to low-income households pursuant to its HOME covenant.

This Report is to be provided to the Housing Successor’s governing body by December 31, 2022. In addition, this Report and the former redevelopment agency’s pre-dissolution Implementation Plans are to be made available to the public on the City’s website: www.bellflower.org
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TO:Honorable Mayor and Members of the City Council
ATTENTION:Jeffrey L. Stewart,City Manager
FROM:Susan Crumly,Human Resources and Risk Manager
SUBJECT:Consideration and possible action to adopt Resolution No.22-68 – A Resolution adjusting the salary table for the ranges impacted by the January 1, 2023 minimum wage increase.

DATE:November 28, 2022

EXECUTIVE SUMMARY
The proposed resolution authorizes an adjustment to the current salary range table and movement of Intern II position from Range 11050 to Range 05550 to implement the new minimum wage.

RECOMMENDATION TO CITY COUNCIL
1)Adopt Resolution No.22-68;and
2)Authorize the City Manager to implement the proposed changes to the salary range table;and
3)Alternatively, discuss and take other action related to these items.

BACKGROUND
On January 1, 2023, the minimum wage will increase from $15.00 to $15.50 per hour.

The City currently has three salary ranges that are tied to minimum wage. Range 05450 is a single step range that is equal to the current minimum wage and increases automatically when minimum wage is increased. Range 05550 is a five-step range with step A equal to minimum wage. The resolution will adjust Steps B to E to ensure that the next step is approximately 5% above the previous step.The Intern II position at Range 11050 has two steps (A and B) that equal the minimum range. However, the rates of the remaining steps are lower than Range 05550. The resolution will remove Range 11050 and place the Intern II position at Range 05550.

FISCAL IMPACT
The estimated total annual payroll cost increase including taxes is about $31,000.

ATTACHMENTS
Resolution No. 22-68 .......................................................................................................2 1 of 4