Cities Index.
Agenda packet

Bellflower City Council
December 12, 2022

Document
Agenda packet
Meeting
December 12, 2022
Body
Bellflower City Council
Pages
31
Original file
613 KB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

22 Bellflower City Council Minutes Item No. 4 November 14, 2022 Page 2 of 15

4 RECONVENE FOR OPEN SESSION

Mayor Dunton reconvened the meeting at 7:04 p.m. For the record there was no reportable action.

7:00 P.M. – OPEN SESSION

5 CALL TO ORDER

Mayor Dunton called the Regular Meeting to order at 7:04 p.m.

6 ROLL CALL

The following Members of the City Council responded present to roll call:

Mayor Ray Dunton
Mayor Pro Tem Sonny R. Santa Ines
Council Member Raymond Y. Hamada
Council Member Dan Koops
Council Member Victor A. Sanchez

Staff Participants:

Jeffrey L. Stewart, City Manager
Karl H. Berger, City Attorney
Mayra Ochiqui, City Clerk
Len Gorecki, Assistant City Manager /Director of Public Works P.J. Mellana, Director of Parks & Recreation
Jim DellaLonga, Director of Economic Development
Tae Rhee, Director of Finance/City Treasurer
Elizabeth Corpuz, Director of Planning and Building Services Jamie Bruccoleri Building Official / Plans Examiner
Joel Hockman, Director of Public Safety
Travis Sais, Assistant to the City Manager
Jennifer Poole-Eidd, Management Assistant

7 INVOCATION

Mayor Ray Dunton offered the Invocation.

8 PLEDGE OF ALLEGIANCE

Director of Parks & Recreation P.J. Mellana led the assembly in the Pledge of Allegiance.

33 Bellflower City Council Minutes Item No. 9-A November 14, 2022 Page 3 of 15

9-A CITY COUNCIL ANNOUNCEMENTS

Mayor Dunton provided details relative to the transition of water services to California American Water as of November 1, 2022.

Mayor Pro Tem Santa Ines provided details relative t o the Food Scrap and Landscaping Recycling Program provided by the City of Bellflower and CR&R which satisfies the mandated recycling requirements of Senate Bill 1383.

Council Member Koops provided details relative to the “Too Toxic to Trash” Drive-Thru collection event hosted by the Sanitation Districts and the Department of Public Works, to be held on December 3, 2022 , at Simms Park.

Council Member Hamada provided details relative to the Bellflower Volunteer Center’s Holiday Food and Toy Drive.

Council Member Sanchez provided details relative to the City of Bellflower’s Holiday Home Decorating Contest with an entry deadline of December 1, 2022.

9-B PRESENTATION: Family Court Awareness Month Proclamation

Mayor Dunton, along with his City Council colleagues, announced that the City of Bellflower recognized November as “Family Court Awareness Month,” read the proclamation into the record, and presented it to Sandy Ross of the California Protective Parents Association.

10 PUBLIC COMMENTS

Darlene Palacios, resident, addressed the City Council regarding 1) her concern relative to traffic accidents involving pedestrians at the intersection of Rose Street and Clark Avenue, expressing the opinion that the crosswalk should be located on the north side of the street instead of the south side, as many disabled residents of the Brightview Nursing Home located on the northside of the street tend to utilize it; and 2) the water company’s lack of enforcement regarding misuse of water usage, noting that monitoring water usage and restrictions was on the honor system.

In response to the comments provided by Darlene Palacios, Mayor Dunton 1) with regard to the lack of enforcement for water misuse, stated that it was a State program and it did not appear to have established enforcement channels; 2) with regard to the intersection of Rose Street and Clark Avenue, a) requested and received clarification that she had spoken to Council Member Sanchez following the last meeting; and b) stated that the City could request that professional staff re-evaluate the intersection, such as the traffic engineer.

44 Bellflower City Council Minutes Item No. 10 November 14, 2022 Page 4 of 15

10 PUBLIC COMMENTS

At the request of Council Member Sanchez, Assistant City Manager / Director of Public Works Gorecki detailed the current enhancements underway on Clark Avenue at the Rose Street intersection and Ramona Street intersection, including 1) additional painting including “hatching” in the crosswalk and “sharks teeth” patterns to increase driver visibility of the crosswalk; 2) removal of a tree to increase the visibility of an existing northbound sign; and 3) additional signage for drivers and pedestrians to include a “no pedestrian crossing” sign.

Eden Hernandez, President of Ms. Bellflower Pageant, stated that the Miss Bellflower Pageant was held on October 22, 2022, and five young ladies had been crowned to be on the royal court for 2022.

Neriah Cervantes, 2022 Miss Bellflower Queen, introduced herself to the City Council.

Yuliana Hernandez, 2022 Miss Teen Bellflower Queen, introduced herself to the City Council.

Ali Ramirez, 2022 Miss Bellflower Princess, introduced herself to the City Council.

11 PUBLIC HEARINGS

A Consideration and possible action to conduct a public hearing to consider adopting Resolution No. 22-63 – A Resolution authorizing the City Manager to amend the FY 2022-23 Operating Budget and execute Purchase and Sale Agreement File No. 963, in a form approved by the City Attorney, with the 1991 Jacquelyn S. Connolly Revocable Living Trust U/D/T for the purchase of real property located at 9818 Artesia Boulevard (APN 7160 -008-021). [Continued from October 10, 2022]

City Manager Stewart introduced the item.

For the record, Mayor Dunton 1) announced that he would recuse from this item due to a property conflict within 500 feet of the subject property; and 2) left the dais and Council Chambers at 7:29 p.m.

Director of Economic Development DellaLonga 1) provided a PowerPoint presentation of the Staff Report; and 2) responded to Council Members’ questions.

55 Bellflower City Council Minutes Item No. 11-A November 14, 2022 Page 5 of 15

11 PUBLIC HEARINGS – Continued

A Consideration and possible action to conduct a public hearing to consider adopting Resolution No. 22-63 – Continued

Following discussion, it was moved by Council Member Koops, seconded by Council Member Hamada, and carried without objection, to re -open the public hearing.

There being no one in attendance wishing to present testimony, it was moved by Council Member Koops, seconded by Council Member Hamada, and carried without objection, to close the public hearing.

Following brief discussion, it was moved by Council Member Koops, seconded by Council Member Sanchez, and carried by the following roll call vote, to adopt Resolution No. 22-63 amending the fiscal year 2022-23 Operating Budget to allocate funds for the property purchase and authorizing the Mayor to execute Purchase and Sale Agreement 963, in a form approved by the City Attorney:

AYES: Council Members - Sanchez, Hamada, Koops, and Santa Ines
RECUSE: Council Members - Mayor Dunton

For the record, Mayor Dunton returned to the Council Chambers and dais at 7:34 p.m.

B Consideration and possible action to conduct a public hearing to adopt Resolution No. 22-62 – A Resolution authorizing the City Manager to execute Agreement File No. 959, in a form approved by the City Attorney, with Darts Corner LLC. to lend funds for Working/Start Up Capital and Equipment Acquisition at 17242-44 Downey Avenue, per the Economic Development Business Assistance Plan, Chapter 5. [Continued from October 10, 2022]___

City Manager Stewart introduced the item.

Director of Economic Development DellaLonga 1) provided a PowerPoint presentation of the Staff Report; and 2) responded to Council Members’ questions.

It was moved by Mayor Pro Tem Santa Ines, seconded by Council Member Hamada, and carried without objection, to re-open the public hearing.

Tonia McMillian, Applicant, responded to Council Members’ questions. Lengthy discussion ensued.

66 Bellflower City Council Minutes Item No. 11-B November 14, 2022 Page 6 of 15

11 PUBLIC HEARINGS – Continued

B Consideration and possible action to conduct a public hearing to adopt Resolution No. 22-62 – Continued

For the record, Mayor Pro Tem Santa Ines 1) requested and received clarification from Applicant McMillan that the loan money would be utilized towards paying back due rent, purchasing kitchen equipment and the installation of ventilation which has prevented her from opening her kitchen; 2) stated that he was surprised by the ratio of cost of goods sold (average 7%) and profit margin shown in the report, as his own research showed that the standard cost of goods sold for a restaurant business is 25-30%; 3) noted that he was uncomfortable with the numbers included in her financial report, so he requested the actual cost data from Director DellaLonga and noticed that a lot of items were not shown in costs; 4) requested and received confirmation from Director DellaLonga that there were items shown as sold that were not listed in the costs; 5) requested and received information from Applicant McMillian relative to her business’ labor cost and again based on his research and data provided, noted that the business may not be viable; 6) applauded Applicant McMillian for putting her own money into the business; and 7) reminded Applicant McMillian that the City Council has a fiduciary responsibility to the taxpayers and stated that if it weren’t for the passion she showed for her business at the October 14, 2022, City Council Meeting, he would have said “no” to the request.

For the record, Mayor Dunton 1) requested and received clarification from Applicant McMillian that the vent/hood in the kitchen was not working since the previous owner, she had put in a lot of her own money into the business from her employment in the childcare field, and that the she would use the loan from the City to cover three months’ worth of back rent and fix the equipment so that she can open her kitchen and become more viable; and 2) stated that the financial numbers she provided in her report did not make sense, but expressed the opinion that Darts Corner is the best thing that has happened to that shopping center in a long time and agreed with Mayor Pro Tem Santa Ines that Applicant McMillian’s enthusiasm for her business at the last meeting left a positive impression.

For the record, Council Member Hamada 1) expressed the opinion that the revenue and costs estimate appeared to be quite challenging a nd commended Applicant McMillan for providing it; 2) noted that the insurance rate seemed fixed for three years and that insurance rates tended to be more fluid generally ; 3) requested and received confirmation from Director DellaLonga and Applicant McMillian that he had forwarded the information relative to County Grant assistance to her to further research and she was pursuing that; and 4) agreeing with statements from his Council Colleagues, expressed the opinion that the math for the business’ finances still fluctuated, but having a business in that location and creating jobs is a positive thing for the City.

77 Bellflower City Council Minutes Item No. 11-B November 14, 2022 Page 7 of 15

11 PUBLIC HEARINGS – Continued

B Consideration and possible action to conduct a public hearing to adopt Resolution No. 22-62 – Continued

For the record, Council Member Sanchez 1) stated that most businesses typically take 3-5 years to fully develop and acknowledged that although Applicant McMillian has the knowledge of the darts community, she is still working on the business portion; 2) requested and received confirmation from Applicant McMillian that she continues to meet with her small business development team on a weekly basis; 3) expressed the opinion that Applicant McMillian would qualify for some very good loans and suggested that she continue to advocate for that; 4) requested and received confirmation from Applicant McMillian that she sees her business absolutely successful at the end of year two ; and 5) agreed with his Council colleagues comments relative to Darts Corner being a positive presence in that shopping center.

For the record, Council Member Koops 1) expressed the opinion that Applicant McMillian was a class act and he was going to vote on this matter not with his business sense, but rather with his heart because as his colleagues have stated, she makes Bellflower better; 2) stated that he appreciated all of the hard work Applicant McMillan had put into this business venture and felt that she had been dealt a bad hand with regard to the business investor that pulled out of their contract, and that wasn’t her fault; 3) noted that the loan from the City would allow her to catch up on her rent, get her kitchen opened, and hopefully be the “seed money” to open other financial opportunities with other entities; and 4) stated that he could read a financial statement as well as anyone else, but he was going to vote in favor of approving the loan for Darts Corner, as he appreciates how hard Applicant McMillian has worked her whole life and how close she is to achieving the American dream, and if he can be of assistance in achieving that, then he would like to do that.

For the record, 1) at the request of Council Member Sanchez, Applicant McMillan agreed that as a condition of approving the loan she would continue to partake in Small Business Administration programs and committed to volunteer as a mentor to teach others if the City set up a similar program; 2) at the request of Council Member Hamada, Director DellaLonga confirmed that there are program guidelines established that require borrowers to check-in with City staff on a quarterly basis; and 3) at the request of Mayor Pro Tem Santa Ines, confirmed that she is willing to keep investing her own money into the business for as long as it takes.

There being no one in attendance wishing to present further testimony, it was moved by Council Member Koops, seconded by Mayor Pro Tem Santa Ines, and carried without objection, to close the public hearing.

It was moved by Council Member Sanchez, seconded by Council Member Koops, and carried by the following roll call vote, to adopt Resolution No. 22-62:

AYES: Council Members - Sanchez, Santa Ines, Hamada, Koops and Mayor Dunton
88 Bellflower City Council Minutes Item No. 12-A November 14, 2022 Page 8 of 15

12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION

A 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 3.20 3.28 in its entirety to regulate contracting, including purchases of goods, supplies and services._________________________________________________________

City Manager Stewart introduced the item and read by title Ordinance No. 1419, noting a typographical error in the title as follows: “amending Chapter 3.20 3.28 in its entirety.”

Director of Finance Rhee 1) provided a brief verbal presentation of the Staff Report; and 2) along with City Attorney Berger, responded to Council Members’ questions.

Following brief discussion, it was moved by Council Member Sanchez, seconded by Council Member Koops, and unanimously carried by the following roll call vote, to read by title only, waive further reading, and introduce Ordinance No. 1419, as amended to correct the typographical error:

AYES: Council Members - Sanchez, Santa Ines, Hamada, Koops, and Mayor Dunton

B 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.

City Manager Stewart introduced the item and read by title Ordinance No. 1420.

Assistant to the City Manager Sais 1) provided a brief verbal presentation of the Staff Report; and 2) along with City Attorney Berger, responded to Council Members’ questions.

Following discussion, it was moved by Mayor Pro Tem Santa Ines, seconded by Council Member Hamada, and unanimously carried by the following roll call vote, to read by title only, waive further reading, and introduce Ordinance No. 1420:

AYES: Council Members - Sanchez, Santa Ines, Hamada, Koops, and Mayor Dunton

99 Bellflower City Council Minutes Item No. 12-C November 14, 2022 Page 9 of 15

12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION – Continued

C Consideration and possible action to 1) read by title only, waive further reading and introduce Ordinance No. 1421 – An Ordinance adopting the 2022 Editions of the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code, the California Fire Code, the California Existing Building Code, the California Green Building Standards Code, the California Referenced Standards Code, and the California Building Standards Administrative Code; making certain amendments based upon local conditions, and amending the Bellflower Municipal Code to reflect such changes; and 2) setting a public hearing for December 12, 2022, for second reading and adoption of the Ordinance. _____________________ CEQA: This Ordinance is exempt from review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”) because it consists only of minor revisions and clarifications to an existing code of construction -related regulations and specification of procedures. These will not have the effect of deleting or substantially changing any regulatory standards or findings. Accordingly, the Ordinance (by itself) does not have the potential to cause significant effects on the environment. In addition, this Ordinance is an action being taken for enhanced protection of the environment and is exempt from further review under CEQA Guidelines § 15308.

City Manager Stewart 1) introduced the item and read by title Ordinance No. 1421; and 2) stated that the staff recommendation is to set the public hearing for December 15, 2022 at a Special Meeting instead of the December 12, 2022, Regular Meeting as noted in the Staff Report.

Jamie Bruccoleri Building Official / Plans Examiner 1 ) provided a brief verbal presentation of the Staff Report; and 2) along with City Attorney Berger and Director of Planning and Building Services Corpuz, responded to Council Members’ questions.

Discussion ensued as to the public hearing date for the second reading and adoption of the Ordinance. For the record, 1) at City Manager Stewart’s suggestion of scheduling the public hearing for the November 28, 2022, Meeting, Director of Planning and Building Services Corpuz stated that two publications were required and there may not be sufficient time to meet the publication requirements prior to that meeting; 2) at Mayor Pro Tem’s suggestion of holding the he aring at the special meeting on December 15, 2022 as stated previously, City Attorney Berger stated that ordinances must be adopted at a regular meeting and offered the alternative of scheduling the hearing for the regular meeting on December 12, 2022, but continuing the meeting to December 15, 2022, for purposes of the hearing; and 3) City Clerk Ochiqui confirmed that the preferred date to hold the hearing was November 28, 2022 and she would confirm the publishing deadlines with the publisher to ensure that the City could meet the publication requirements for the hearing.
1010

Bellflower City Council Minutes Item No. 12-C November 14, 2022 Page 10 of 15

12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION – Continued

C Consideration and possible action to 1) read by title only, waive further reading and introduce Ordinance No. 1421; and 2) setting a public hearing for second reading and adoption of the Ordinance – Continued

Following discussion, it was moved by Mayo r Dunton, seconded by Mayor Pro Tem Santa Ines, and unanimously carried by the following roll call vote, to 1) read by title only, waive further reading, and introduce Ordinance No. 1421; and 2) set a public hearing for the November 28, 2022 City Council Meeting, if publication requirements can be met, or the December 12, 2022, City Council Meeting for second reading and possible adoption of the Ordinance:

AYES: Council Members - Sanchez, Santa Ines, Hamada, Koops, and Mayor Dunton

13 CONSIDERATION ITEMS

A Consideration and possible action to authorize increasing Southwest Patrol Inc., deployment, deputy overtime budget, and the purchase of a mobile surveillance camera system.

City Manager Stewart introduced the item.

Director of Public Safety Hockman 1) provided a brief verbal presentation of the Staff Report; and 2) along with City Manager Stewart, responded to Council Members’ questions.

For the record and without objection, relative to the portable surveillance camera systems, Director Hockman confirmed that the following further research would be conducted by staff: 1) at the request of Council Member Hamada, the lifespan of the solar versus diesel portable surveillance camera systems; 2) at the request of Council Member Koops whether the City could lease the portable surveillance camera system equipment on a trial basis or if it would need to be purchased and gather data on their effectiveness; 3) at the request of Mayor Dunton, relative to the diesel option, how often the equipment needs to be refueled and whether people complain about the noise and/or smell of the equipment; and 4) at the request of Mayor Pro Tem Santa Ines, if there is a grant that the City can use to purchase this equipment.

Recess: Without objection, Mayor Dunton recessed the meeting at 9:19 p.m. for a short break.

Reconvene: Mayor Dunton reconvened the meeting at 9:24 p.m. with all Council Members present.

1111

Bellflower City Council Minutes Item No. 13-A November 14, 2022 Page 11 of 15

13 CONSIDERATION ITEMS

A Consideration and possible action to authorize increasing Southwest Patrol – Continued

Following lengthy discussion, it was the consensus of the City Council to 1) authorize two armed personnel patrol cars with three service days a week at approximately $150,000; 2) authorize $100,000 in additional funds for the existing use of Southwest Patrol due to increased surveillance at The Mayne Events Center parking structure; and 3) direct staff to further research portable surveillance camera system models and features, including short-term trial and potential grant funding, and bring the matter back to the City Council for future consideration.

14 CONSENT CALENDAR

For the record, Mayor Dunton recused on Item 14 -J (Specifications No. 18/19-07 Sequel Contractors, Inc.) due to a property conflict within 500 feet of the subject property.

Relative to Item 14-J (Specifications No. 18/19-07 Sequel Contractors, Inc.) and due to Mayor Dunton’s apparent property conflict, Mayor Pro Tem Santa Ines confirmed with City Attorney Berger that Mayor Dunton could remain at the dais for that item if only a comment was being made and there was no substantive discussion of the matter.

Mayor Pro Tem Santa Ines requested that Item s 14-J (Specifications No. 18/19- 07 Sequel Contractors, Inc.) and 14-M (Specifications No. 20/21-01 Elecnor Belco Electric, Inc.) be pulled for comments only.

With regard to Items 14-J (Specifications No. 18/19-07 Sequel Contractors, Inc.) and 14-M (Specifications No. 20/21-01 Elecnor Belco Electric, Inc.), Mayor Pro Tem Santa Ines informed the public that these two major projects involve safety upgrades and are intended to improve safety conditions for pedestrians and drivers within the areas of 1) the Bellflower Boulevard Improvement Project, which will add a median, crosswalk, and ADA upgrades along Artesia Boulevard; 2) Lakewood Boulevard, which will include improvements to traffic signals on Cedar Street and Mayne Street, as well as additional protected left turn lanes on Somerset Boulevard and Flower Street; and 3) Lakewood Boulevard and Alondra Boulevard, which will also be upgraded.

It was moved by Council Member Koops, seconded by Council Member Hamada, and carried without objection, to approve the actions stipulated on the Consent Calendar.

A Consideration and possible action to receive and file City Council Warrant Register No. 23-051, dated November 14, 2022.

Action: Received and filed Warrant Register No. 23- 051. 1212

Bellflower City Council Minutes Item No. 14-B November 14, 2022 Page 14 of 15

14 CONSENT CALENDAR – Continued

B Consideration and possible action to receive and file City Council Treasurer’s Report for the Month of September 2022.

Action: Received and filed Treasurer’s Report.

C Consideration and possible action to approve the Minutes of the October 10, 2022, Regular Meeting of the City Council.

Action: Approved the October 10, 2022, Regular Meeting Minutes.

D Consideration and possible action to award a contract to West Coast Arborists, Inc. for tree maintenance services without the need for bidding as otherwise required by the Bellflower Municipal Code, and auth orize the City Manager to execute Agreement File No. 230.3, in a form approved by the City Attorney, with West Coast Arborists, Inc.

CEQA: Taking the recommended action would not result in a potential for resulting in a direct or reasonably indirect physical change in the environment and, accordingly, does not qualify as a “project” under the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations (CCR), Title 14 §§ 15000, et seq.).

Even if the award of contract were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use; or alteration in land use limitations (see CCR title 14 §§ 15301, 15305).

Action: 1) Waived the bidding requirements pursuant to City of Bellflower Municipal Code Subsection 3.28.120B; 2) Awarded a 3 -year tree maintenance contract to WCA, utilizing Irwindale’s agreement with WCA, in an amount not to exceed the annual adopted tree maintenance budget; and 3) Authorized the City Manager to execute Agreement File No. 230.3 with WCA, in a form approved by the City Attorney.

E Consideration and possible action to receive and file Agreement File No. 394.3 with MuniServices, LLC for cannabis tax audit services.

Action: Received and filed Agreement File No. 394.3.

F Consideration and possible action to authorize the City Manager to issue a new Request for Proposals (RFP) No. CC-2022-01 for Professional Services for Document Conversion and Scanning Services.

Action: Authorized the City Manager to issue RFP No. CC-2022-01.

G Consideration and possible action to adopt Resolution No. 22-64 – A Resolution approving the transfer of an oil pipeline franchise (Agreement File No. 137.1) from Paramount Pipeline, LLC to Air Products and Chemicals, Inc.

Action: Adopted Resolution No. 22-64.

1313

Bellflower City Council Minutes Item No. 14-H November 14, 2022 Page 1 3 of 15

14 CONSENT CALENDAR – Continued

H Consideration and possible action to authorize the Director of Public Works, or designee, to install red curb parking restrictions at 17220 – 17228 Downey Avenue (C.E. #22-15).______________________________________________ Action: Authorized the Director of Public Works, or designee, to install red curb parking restrictions at 17220 – 17228 Downey Avenue.

I Consideration and possible action to authorize the Director of Public Works, or designee, to install red curb parking restrictions at four (4) bus stop locations (C.E. #22-16). __________________________________________ Action: Authorized the Director of Public Works, or designee, to install red curb parking restrictions at four (4) bus stop locations.

J Consideration and possible action to award a contract to Sequel Contractors, Inc. for the Bellflower Boulevard Complete Streets Project from Artesia Boulevard to South City Limits, HSIPL-5348 (032) (Specifications No. 18/19-07); and authorize the City Manager to execute a contract with Sequel Contractors, Inc. in a form approved by the City Attorney. _______________ CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelin es § 15301 (Class 1 - Existing Facilities).

Action: Awarded a contract to Sequel for the Project and authorize d the City Manager to execute a contract with Sequel, in a form approved by the City Attorney.

K Consideration and possible action to award a contract to Select Electric, Inc., for the Bellflower Gateway Sign (Specifications No. 22/23-06); and authorize the City Manager to execute a contract with Select Electric, Inc., in a form approved by the City Attorney. ______________________________________ CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducte d an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 3 – New Construction or Conversion of Small Structures).

Action: 1) Awarded a contract to Select Electric for the Project and authorized the City Manager to execute a contract with Select Electric, in a form approved by the City Attorney; and 2) Established a budget of $500,000 in Account No. 020-47312- 9000 (Public Arts Fund) and authorized a loan of approximately $200,000 from the General Fund.

1414

Bellflower City Council Minutes Item No. 14-L November 14, 2022 Page 14 of 15

14 CONSENT CALENDAR – Continued

L Consideration and possible action to waive a minor irregularity and award a contract to JR Universal Construction, Inc. for the Public Works Yard Office Renovation (Specifications No. 22/23-02); and authorize the City Manager to execute a contract with JR Universal Construction, Inc., in a form approved by the City Attorney. _______________________________________________ CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 – Existing Facilities).

Action: 1) Waived a minor irregularity as to JR Universal’s listed price for Bid Item No.1 and awarded a contract to JR Universal for the Project and authorize the City Manager to execute a contract with JR Universal, in a form approved by the City Attorney; and 2) Authorized a budget amendment to establish $200,000 project funding in Account No. 022-47260-9000 (Public Facilities Fund) and reduce the funding in Account No. 013-47260-9000 by $200,000 (DOT Highway Relinquishment Fund.

M Consideration and possible action to find California Professional Engineering to be a non-responsive bidder; and award a contract to Elecnor Belco Electric, Inc., for the Lakewood Boulevard Traffic Signal Improvements - Part 1: Lakewood Bouelvard (4) Intersections and Part 2:

Lakewood Bouelvard and Alondra Boulevard (Specifications No. 20/21-01); and authorize the City Manager to execute a contract with Elecnor Belco Electric, Inc. in a form approved by the City Attorney.

CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the projec t was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 3 – New Construction or Conversion of Small Structures).

Action: 1) Found CPE to be non-responsive, awarded a contract to Belco for the Project; and authorized the City Manager to execute a contract with Belco, in a form approved by the City Attorney; and 2) Authorize d a budget amendment for Account No. 135-47148-9000 to increase the project funding by $150,000 for construction management/inspection.

N Consideration and possible action to authorize the release of a solicitation for bids per BMC § 3.28.090 for pest control services at various City facilities.

Action: Authorized the release of a solicitation for bids for pest control services at various City facilities.

1515

Bellflower City Council Minutes Item No. 15 November 14, 2022 Page 15 of 15

15 COUNCIL REPORTS

Council Member Sanchez, Mayor Pro Tem Santa Ines, Council Member Hamada, Council Member Koops, and Mayor Dunton made various comments and reports.

Council Member Sanchez requested and received clarification from City Attorney Berger with regard to Item 12-C (Ordinance No. 1421) that a set of predetermined paint colors would not be incorporated into the uniform codes.

For the record, Council Member Koops requested that the meeting be adjourned in memory of both Nelvina Aneta Rylaarsdam and Former Mayor William “Bill” Pendleton.

16 ADJOURNMENT

Without objection, Mayor Dunton adjourned the meeting at 9:47 p.m. in memory of Nelvina Aneta Rylaarsdam and Former Mayor William “Bill” Pendleton, to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, November 28, 2022.

Ray Dunton, Mayor
City of Bellflower

Attest:

Mayra Ochiqui, City Clerk
Approved: December 12, 2022

1616

Page 1 of 2 ends

17-C
TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Jim DellaLonga, Director of Economic Development

SUBJECT: Consideration and possible action to authorize the City Manager to execute Amendment No. 7 to Agreement File No. 548.2, in a form approved by the City Attorney, with O’Neil Ventures, Inc., to extend the term for one year and provide compensation for Business Consulting and Restaurant and Retail Food Establishment Broker Services.

DATE: December 12, 2022

EXECUTIVE SUMMARY

O’Neil Ventures, Inc. (O’Neil Ventures) has been providing the City with marketing and development guidance, commercial broker services, real estate research, commercial marketing and recruitment efforts, and expert analysis of restaurants, food-uses, and retail business operations. Amendment No. 7 to Agreement File No. 548.2 will maintain the services of O’Neil Ventures for an additional year in 2023 at the existing hourly rate, for a total not-to-exceed (NTE) amount of $100,000.

RECOMMENDATION TO CITY COUNCIL

1) Authorize the City Manager to execute Amendment No. 7 to Agreement File No. 548.2, in a form approved by the City Attorney; or

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

FISCAL IMPACT

The proposed funding of $100,000 for Amendment No. 7 for services during 2023 will be charged to Economic Development Account No. 510-42054-4002.

DISCUSSION

O’Neil Ventures has provided specialized restaurant, food-use, and commercial real estate services to the City since 2009. The current agreement expires on December 31, 2022, and Amendment No. 7 would extend the term for an additional 12 months; the annual not-to-exceed amount and hourly rate would remain unchanged at $100,000.

- Page 1 of 4 -

Staff Report – Amendment No. 7 to AFN 548.2 with O’Neil Ventures, Inc.

December 12, 2022

Page 2 of 2 ends

DISCUSSION – Continued

In 2022, Elizabeth O’Neil, the principal of O’Neil Ventures, has provided the aforementioned services to the City and has been instrumental to several projects, most notably the completion of the improvements for The Nest Tambien, the sale of both the business and property of the former Bellko Korean BBQ space to the group that owns Kalaveras. Due to her considerable experience with the Alcohol Beverage Control (ABC) licensing process, Ms. O’Neil also worked with the Stand Up Comedy Theatre and the owners of the former Johnny Reb’s restaurant, and Marino’s Italian Restaurant regarding ABC paperwork and transfers for their respective restaurants. She has also already met with a potential tenant for the Edgeway Downtown Bellflower project.

Ms. O’Neil also assists with facilitating the Business Assistance Program and has provided her services to multiple applicants including The Nest Tambien, The Stand Up Comedy Club, and Bo’s Cigar Lounge.

Ms. O’Neil is continually involved in the evaluation of potential new businesses and the marketing of vacant sites and is available to meet with new or expanding businesses.

Her duties have required extensive liaison work between new businesses/developers, landlords, and various City departments as well as critically vetting the feasibility of proposed businesses or projects. Her knowledge of retail and restaurant start-up and operational costs has provided a key resource for the Economic Development Department, and Amendment No. 7 would allow Ms. O’Neil to continue providing her unique skillset of services for current and future projects.

ATTACHMENT

Amendment No. 7 to Agreement File No. 548.2 ...................................................................... 3

- Page 2 of 4 -

AMENDMENT NO. 7 TO
AGREEMENT FILE NO. 548.2 BETWEEN

THE CITY OF BELLFLOWER AND
O’NEIL VENTURES, INC.

FOR BUSINESS CONSULTING AND RESTAURANT AND RETAIL FOOD

ESTABLISHMENT BROKER SERVICES

THIS AMENDMENT NO. 7 (“Amendment”) is made and entered into this 12th day of December 2022, by and between the CITY OF BELLFLOWER, a municipal corporation (“CITY”), and O’NEIL VENTURES, INC., a California corporation (“CONSULTANT”).

1. Pursuant to Section 35 of Agreement File No. 548.2 (“Agreement”), Section 1.C is amended to read as follows:

“As additional consideration during the amended term, CITY agrees to pay CONSULTANT a sum Not To Exceed (NTE) One Hundred Thousand dollars ($100,000) for CONSULTANT’S services.”

2. Pursuant to Section 35 of the Agreement, Section 8 is amended to read as follows:

“The term of this Agreement will be from January 1, 2023, to December 31, 2023.

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

3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.

4. This Amendment 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.

5. Except as modified by this Amendment, all other terms and conditions of Agreement File No. 548.2 remain the same.

[SIGNATURES ON NEXT PAGE]

- Page 3 of 4 -

City of Bellflower
Amendment No. 7 to Agreement File No. 548.2
O’NEIL VENTURES, INC.

Page 2 of 2 ends

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

CITY OF BELLFLOWER, O’NEIL VENTURES, INC.
a municipal corporation a California corporation

_________________________________ ____________________________ Jeffrey L. Stewart, City Manager Elizabeth O’Neil

ATTEST:

_________________________________ Taxpayer ID No. 46-1947428 Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

_________________________________
Karl H. Berger, City Attorney

- Page 4 of 4 -

Page 1 of 2 ends

17-D

TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Joel Hockman, Director of Public Safety

SUBJECT: Consideration and possible action to adopt Resolution No. 22-69 – A Resolution repealing Resolution No. 94-48 establishing a Public Safety Review Committee.

DATE: December 12, 2022

EXECUTIVE SUMMARY

The City Council acted on June 13, 1994, to establish an 11-member Public Safety Review Committee to review the implementation of additional law enforcement services.

This timing coincided with the adoption of the City’s Utility Users’ Tax, to help ensure that Bellflower citizens also were able to monitor how newly received revenues were being spent, and how a newly adopted community policing program was being conducted. Over the decades, the need for this Committee has significantly waned, and maintaining membership has been consistently difficult -- to the point of rarely achieving the necessary quorum for the quarterly meetings. A proposed alternative is to utilize the Bellflower Public Safety Commission for appropriate first level review of public safety related concerns going forward.

RECOMMENDATION TO CITY COUNCIL

1) Adopt Resolution No. 22-69; or

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

FISCAL IMPACT

Public Safety Review Committee Members receive a $50 stipend per meeting, which are held on the third Tuesday of February, May, August, and November each year.

Dissolving this Committee will result in an annual savings of approximately $500 to $1,000.

1 Staff Report – Resolution No. 22-69 – Dissolution of the Public Safety Review Committee
December 12, 2022

Page 2 of 2 ends

DISCUSSION

Since its inception in 1994, the Public Safety Review Committee (PSRC) has existed at some level of redundancy with the City’s Public Safety Commission. And while the perceived need for extra oversight at the onset of the voter approved Utility Users’ Tax and Community Policing Plan (CPP) was genuine at their inception, voters have since approved additional and substantial tax measures over the last 28 years, and the CPP still remains under scrutiny by City Council, Public Safety Commission, and feedback from Bellflower residents. Further, perspective PSRC members often lose interest when faced with submitting state imposed financial disclosure forms, conducting required ethics and harassment training, and assuming the required leadership role over the neighborhood watch captains within the reporting district in which (s)he lives (i.e., District Representative).

As such, it is recommended to reduce redundancy by discontinuing the Bellflower Public Safety Review Committee, and transferring any remaining subject matter to the Bellflower Public Safety Commission.

ATTACHMENT

Resolution No. 22-69....................................................................................................... 3

2 CITY OF BELLFLOWER

RESOLUTION NO. 22-69

A RESOLUTION REPEALING RESOLUTION NO. 94-48

ESTABLISHING A PUBLIC SAFETY REVIEW COMMITTEE

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. The City Council finds as follows:

A. Resolution No. 94-48 established the Public Safety Review Committee (PSRC) and stipulates a committee should be established to review the implementation of additional law enforcement services;

B. Since 1994, the expanded law enforcement program has become a mainstay, so that oversight from the PSRC is redundant – especially given the ability of the City’s Public Safety Commission to similarly review current law enforcement levels and services; and

C. Beyond redundancy, maintaining membership and a functional quorum in the PSRC has long been an unsuccessful challenge.

SECTION 2. Resolution No. 94-48 is repealed in its entirety. Consequently, the PSRC is dissolved.

SECTION 3. 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 provisions or applications and, to this end, the provisions of this Resolution are severable.

SECTION 4. 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 5. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.

SECTION 6. This Resolution will become effective immediately upon adoption. ///
///
///

Page 1 of 2 ends

3 City of Bellflower
Resolution No. 22-69

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 12th DAY OF DECEMBER 2022.

________________________________
Ray Dunton, Mayor

ATTEST:

________________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

Attachment:

Resolution No. 94-48

4 5

6 7

8 9

Page 1 of 2 ends

17-E
TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager

SUBJECT: Consideration and possible action to adopt Resolution No. 22-70 – A Resolution approving the 2022 City of Bellflower Transit Services Title VI Program.

DATE: December 12, 2022

EXECUTIVE SUMMARY

This action would approve the 2022 City of Bellflower Transit Services Title VI Program in accordance with the Civil Rights Act of 1964, U.S. Department of Transportation (DOT), and the federal Transit Administration (FTA) regulations, which prohibit discrimination on the basis of race, color, or national origin.

RECOMMENDATION TO CITY COUNCIL

1) Adopt Resolution No. 22-70; or

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

FISCAL IMPACT

None.

DISCUSSION

Title VI of the Civil Rights Act of 1964 (the Act) provides that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal funds.”

As a recipient of federal funds, the City of Bellflower (City) is required to comply with the requirements of the Act. DOT and FTA regulations require the City to prepare and submit a Title VI Program to the City Council for approval every 3 years. The first Title VI Program was approved on August 11, 2014 and was updated on July 11, 2016. The most recent 3-year update was approved on October 28, 2019.

-1-

Staff Report – Transit Services Title VI Program
December 12, 2022

Page 2 of 2 ends

DISCUSSION – Continued

The Public Works Department has prepared the attached 2022 City of Bellflower Transit Services Title VI Program Update in collaboration with the Parks and Recreation Department and the Los Angeles County Metropolitan Transit Authority using data from the 2020 U.S. Census. The Title VI Program will be made available on the City’s website and at the Simms Park Administration Office.

Since the City’s transit services are managed by the Parks and Recreation Department, that Department will be responsible for implementing the City’s Title VI Program, including:

1. Informing members of the Public of their Title VI protection rights by several means, including posting of a Title VI Notice to the Public, including bilingual complaint procedures (in English and Spanish); and

2. Investigating and tracking the Title VI complaints filed against the City.

The Parks and Recreation Manager will serve as the City’s Title VI Transit Compliance Coordinator.

The City will be required to update the Title VI program again in 2025.

ATTACHMENT

Resolution No. 22-70....................................................................................................... 3

-2-

Page 1 of 2 ends

CITY OF BELLFLOWER

RESOLUTION NO. 22-70

A RESOLUTION APPROVING THE 2022 CITY OF BELLFLOWER

TRANSIT SERVICES TITLE VI PROGRAM

THE CITY COUNCIL RESOLVES AS FOLLOWS:

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

A. Pursuant to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq (“the Act”) and 49 CFR Part 21, the U.S. Department of Transportation (DOT), and the federal Transit Administration (FTA) prohibit discrimination on the basis of race, color or national origin;

B. Pursuant to FTA Circular 4702.1B, the City is required to prepare and submit a Title VI Program to the City Council for approval once every three years; and

C. The purpose of the Title VI Program is to ensure the City’s transit service programs, policies and activities comply with the Act and DOT’s Title VI Regulations, and with Limited English Proficient (LEP) Persons requirements (70 FR 74087, December 14, 2005).

SECTION 2. The City Council of the City of Bellflower approves the 2022 City of Bellflower Transit Services Title VI Program, dated October 28, 2022, attached as Exhibit A, and incorporated by reference.

SECTION 3. 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 provisions or applications and, to this end, the provisions of this Resolution are severable.

SECTION 4. To the extent that any other resolution pertaining to the approval of a Title VI program is incorporated into this Resolution, it is superseded in its entirety.

SECTION 5. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.

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. -3-

City of Bellflower
Resolution No. 22-70

Page 2 of 2 ends

SECTION 7. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 12th DAY OF DECEMBER 2022.

________________________________
Ray Dunton, Mayor

ATTEST:

________________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

Attachment:

Exhibit A - 2022 City of Bellflower Transit Services Title VI Program -4-

Page 1 of 31 ends

CITY OF BELLFLOWER

TRANSIT SERVICES

TITLE VI PROGRAM

Reference: FTA Circular 4702.1B Title VI Requirements and Guidelines for Federal Transit Administration (FTA) Recipients (October 1, 2012).

INTRODUCTION
The purpose of this Title VI Program is to establish guidelines to effectively monitor and ensure that the City of Bellflower’s (City’s) transit services are in compliance with FTA Title VI requirements.

Title VI states that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The FTA is required to ensure that federally-supported transit services and related benefits are provided consistent with Title VI. The Title VI Report requires an update every three years.

The City will ensure that its programs, policies and activities comply with Department of Transportation’s (DOT’s) Title VI Regulations (49 CFR Part 21) and with Limited English Proficient (LEP) Persons requirements (70 FR 74087, December 14, 2005). The City is committed to creating and maintaining a public transportation system that is free of all forms of discrimination. The City will take necessary preventive corrective and disciplinary actions to stem behavior that violates this policy or the rights and privileges it is designed to protect. FTA requires recipients to document compliance with DOT Title VI regulations by submitting a Title VI Program to LACMTA (Metro) once every three years.

TITLE VI REQUIREMENTS

1. Requirement to Notify Beneficiaries of Protection under Title VI. In order to comply with 49 CFR, Section 21.9(d), the City must provide information to the public regarding the City’s obligations under DOT’s Title VI regulations and apprise members of the public of the protections against discrimination afforded to them by Title VI.

The City informs members of the public of their Title VI protection rights by several means, including posting of a Title VI Notice to the Public (Exhibit A) which includes bilingual complaint procedures. A list of locations where notices will be posted is included in Exhibit A. The City also provides a bilingual complaint form (Exhibit C).

-5-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 2 of 31 ends

2. Requirement to Develop Title VI Complaint Procedures and Complaint Form.

The City is required to develop procedures for investigating and tracking Title VI complaints filed against the City and to make these procedures for filing a complaint available to the general public. The complaint procedures, attached as Exhibit B, and incorporated by reference, will be made available on the City’s website.

City of Bellflower Title VI Complaint Procedures
• Submission of Complaint: If a customer believes he/she has received discriminatory treatment from the City of Bellflower’s transit services on the basis of race, color or national origin, the customer may file a complaint with the Title VI Transit Compliance Coordinator. The complaint must be filed not later than sixty (60) calendar days of the alleged discriminatory incident. Title VI complaint procedures included in Exhibit B are in both English and Spanish.

• Investigation of Complaints:

Upon receipt of the complaint, the Compliance Coordinator will begin an investigation. The investigation may include discussion(s) of the complaint with all affected parties to determine the problem. Based upon the information received, the Compliance Coordinator will prepare an investigation report for submittal to the Parks & Recreation Director. The complainant will receive a letter from the Compliance Coordinator stating the final decision within forty-five (45) calendar days of receipt of the complaint.

If more time is needed to review the complaint, the Compliance Coordinator will notify the complainant of the estimated time-frame for completing the review.

Upon completion of the review, the Compliance Coordinator will make a recommendation regarding the merit of the complaint, whether remedial actions are available to provide redress, and whether improvements to the City’s Title VI process are needed.

• Request for Reconsideration
The complainant will be notified of his/her right to appeal the decision. If the complainant disagrees with the Compliance Coordinator’s finding, the complainant may request reconsideration by submitting a written request to the Parks & Recreation Director within 10 calendar days after receipt of the Compliance Coordinator’s response. The complainant must provide a detailed description of items not fully understood. The Parks & Recreation Director will notify the complainant of his/her decision either to accept or reject the request -6-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 3 of 31 ends

for reconsideration within 10 calendar days. When the Parks & Recreation Director agrees to reconsider the matter, the complaint must be returned to the Compliance Coordinator for re-evaluation in accordance with the “Investigation of Complaint” procedures described above.

• Appeal Process
If the request for reconsideration is denied, the complainant may appeal the Parks & Recreation Director’s response to the complaint by submitting a written request to the Compliance Coordinator. The appeal request will be forwarded to the City Manager for final determination.

• Submission of Complaint to the Department of Transportation If the complainant is dissatisfied with the City’s resolution of the complaint, he or she may submit a complaint to the Department of Transportation for investigation. In accordance with Chapter 9, Complaints, of FTA Circular 4702.1B, such a complaint must be filed within 180 calendar days after the date of the alleged discrimination. Complainants may file complaints at: Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5th Floor – TCR 1200 New Jersey Ave., SE Washington, DC 20590.

3. Requirement to Record and Report Transit-Related Title VI Investigations, Complaints, and Lawsuits. The City is required to prepare and maintain a list of investigations, complaints, or lawsuits that pertain to allegations of discrimination on the basis of race, color, and/or national origin in transit-related activities and programs and that pertain to the entity submitting the report, not necessarily the larger agency or department of which the entity is a part.

The City of Bellflower Title VI Transit Compliance Coordinator will maintain a list of Title VI investigations, complaints, and lawsuits utilizing the form shown in Exhibit D, including a comprehensive summary and description of actions taken by the City, as required by the Title VI regulations The list must include the date that the investigation, lawsuit, or complaint was filed; a summary of the allegations(s); the status of the investigation; lawsuit, or complaint; and actions taken by the City in response, or final findings related to the investigation, lawsuit, or complaint. The list must be included in the City’s Title VI submittal to FTA every three years.

-7-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 4 of 31 ends

4. Promoting Inclusive Public Participation. The City is required to develop a public participation plan that includes an outreach plan to engage minority and limited English proficient populations, as well as a summary of outreach efforts made since the last Title VI Program submission. The City’s Public Participation Plan is reflected in the “City of Bellflower Transit Services Title VI Limited English Proficiency (LEP) Plan” under “Outreach Techniques.” The City’s public participation activities, public meetings, and participation in community activities are described in the LEP Plan.

5. Requirement to Provide Meaningful Access to LEP Persons. Title VI and its implementing regulations require that FTA recipients take responsible steps to ensure meaningful access to the benefits, services, information, and other important portions of their programs and activities for individuals who are LEP. The City also must have a language assistance plan for providing language assistance to persons with limited English proficiency (LEP).

The City’s Language Assistance Plan is reflected in the City’s LEP Plan and includes language assistance measures. The City’s approach includes a number of options available to LEP persons, including both oral and written language services. Specific details are included in the City’s LEP Plan in Exhibit E.

The Bellflower Bus schedules are posted on the City of Bellflower’s website. The City’s website provides material in both English and Spanish. The City also provides easy access to bilingual (English and Spanish) administrative staff during operating hours to answer questions during their regular shift schedules for those LEP passengers who utilize the City’s bus system.

6. Minority Representation on Planning and Advisory Bodies. 49 CFR Section

21.5(b)(1)(vii) states that a recipient may not, on the grounds of race, color, or national origin, “deny a person the opportunity to participate as a member of a planning, advisory, or similar body which is an integral part of the program.” Recipients that have transit-related, non-elected planning boards, advisory councils or committees, or similar committees, the membership of which is selected by the recipient, must provide a table depicting the racial breakdown of the membership of those committees, and a description of efforts made to encourage the participation of minorities on such committees.

The City currently does not have a committee; therefore, this requirement is not applicable to the City.

-8-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 5 of 31 ends

7. Determination of Site or Location of Facility: Title VI Equity Analysis. The City did not use FTA funds to construct a transit facility; therefore, this requirement is not applicable to the City.

8. Requirement to Provide Additional Information upon Request. At the discretion of the FTA, information other than that required by the referenced circular, may be requested in writing from a recipient in order to investigate complaints of discrimination or to resolve concerns about possible noncompliance with Title VI requirements.

The City of Bellflower Title VI Transit Compliance Coordinator will be available to provide additional information, as needed, and to respond to any verbal or written complaint.

9. Requirement to Develop System-Wide Standards and Policies. FTA requires all fixed-route transit providers to develop quantitative service standards and policies for their fixed-route service. Individual public transportation providers may set standards that best reflect their local environment.

The City has developed service standards and policies for its fixed-route system, the Bellflower Bus, consistent with Title VI requirements. The standards are included in Exhibit G and include (a) vehicle load; (b) vehicle headway; (c) on-time performance; and (d) service availability. The policies include (a) distribution of transit amenities; and (b) vehicle assignment.

-9-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 6 of 31 ends

EXHIBIT A

NOTICE TO THE PUBLIC AND LIST OF LOCATIONS

CITY OF BELLFLOWER
Transit Services
Title VI Notice & Complaint Process

The City of Bellflower is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964. Any person who believes that he or she has been subjected to discrimination under Title VI on the basis of race, color or national origin may file a Title VI complaint with the City within sixty (60) calendar days from the date of the alleged discrimination.

Complaints may be filed with the City in writing and may be addressed to:

Kristen Smith
Title VI Transit Compliance Coordinator
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
A copy of the Title VI Complaint Form (in English or Spanish) and additional information may be obtained from the City’s web site at “ www.bellflower.org” (under “City Departments – Parks & Recreation Department– Transportation) or by calling (562) 804- 1424, ext. 2267. The City will provide appropriate assistance to complainants who are limited in their ability to communicate in English. You may also file a Title VI complaint with the Federal Transit Administration by filing a complaint with the Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5th Floor – TCR 1200 New Jersey Ave., SE Washington, DC 20590.

-10-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 7 of 31 ends

CIUDAD DE BELLFLOWER
Servicios de Tránsito
Título VI Noticia y Proceso de Quejas

La Ciudad de Bellflower, se compromete a garantizar que ninguna persona sea excluida de participar o denegar los beneficios de servicios basado por raza, color,linaje u origen nacional, según lo dispuesto en el Título VI de la Ley de Derechos Civiles de 1964.

Cualquier persona que cree que él o ella ha sido objeto de discriminación en virtud del Título VI basado por raza, color u origen nacional puede presentar una queja del Título VI con la Ciudad dentro de sesenta (60) días del calendario a partir de la fecha de la supuesta discriminación.

Las quejas pueden ser presentadas en la Ciudad por escrito y pueden ser dirigidas a:

Kristen Smith
Coordinadora de Conformidad Título VI
Ciudad de Bellflower
16600 Civic Center Drive
BELLFLOWER, CA 90706

Una copia del Título VI Formulario de Queja (en Inglés o Español) y la información adicional se puede obtener desde el sitio web de la Ciudad en “ www.bellflower.org” (en “Departamentos de la Ciudad – Departamento de Parques y Recreación - Transporte) o llamando al (562) 804-1424, ext. 2267. La Ciudad proveerá asistencia apropiada para los denunciantes que sean limitados en su capacidad de comunicarse en inglés. Para obtener más información sobre requisitos del Título VI, también puede presentar una queja con la Oficina de la Administración Federal de Tránsito de los Derechos Civiles, Atención: Coordinador del Programa Título VI, Edificio Este, 5ª Planta - TCR 1200 New Jersey Ave. , SE Washington, DC 20590.

-11-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 8 of 31 ends

CITY OF BELLFLOWER

TITLE VI

LIST OF LOCATIONS

The following is a list of locations where transit-related bilingual Title VI Public Notices are posted:

City of Bellflower
Simms Park Administration Office
16614 Clark Ave.

Bellflower, CA 90706

• City of Bellflower Web Site
• City of Bellflower City Hall
• City of Bellflower Sheriff’s Substation
• L.A. County Brakensiek Library
• City-owned Fixed-Route Transit and Dial-A-Ride Buses

-12-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 9 of 31 ends

EXHIBIT B
City of Bellflower
Transit Services
Title VI Complaint Process

The City of Bellflower is committed to a policy of non-discrimination in the conduct of its business, including its Title VI responsibilities, and to the delivery of equitable and accessible transportation services. Any person who believes that he or she has been subjected to discrimination under Title VI on the basis of race, color or national origin may file a Title VI complaint with the City within 60 days from the date of the alleged discrimination.

Complaints may be filed with the City in writing and may be addressed to:

Kristen Smith
Title VI Compliance Coordinator
City of Bellflower
16600 Civic Center Drive
BELLFLOWER, CA 90706

Copies of the Title VI Complaint Form in English or Spanish can be downloaded from the City of Bellflower website at www.bellflower.org .

A copy of the Title VI Complaint Form may also be obtained by calling (562) 804-1424, ext. 2267. The City will provide appropriate assistance to complainants who are limited in their ability to communicate in English.

Title VI Transit Complaint Process

Once a complaint is received, it will be investigated by the Compliance Coordinator. In instances where additional information is needed, the Compliance Coordinator will contact the complainant by phone or in writing. Failure of the complainant to provide the requested information within thirty (30) days may result in the administrative closure of the complaint or a delay in complaint resolution.

Based upon receipt of all the information required, the City will investigate a Title VI complaint within forty-five (45) days of receipt but will notify complainant if additional time is required. Receipt of additional relevant information and/or simultaneous filing of a -13-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 10 of 31 ends

complaint with the City and an external entity may expand the timing of the complaint resolution.

City of Bellflower Title VI Policy Statement

The City of Bellflower is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended. The City’s objectives are to:

• Ensure that the level and quality of transportation service is provided without regard to race, color or national origin.
• Identify and address, as appropriate, disproportionately high and adverse human health and environmental effects, including social and economic effects of programs and activities on minority populations and low-income populations. • Promote the full and fair participation of all affected populations in transportation decision making.
• Prevent the denial, reduction or delay in benefits related to programs and activities that benefit minority populations or low-income populations. • Ensure meaningful access to programs and activities by persons with limited English proficiency (LEP).

For additional information on the City’s non-discrimination obligations, please contact:

Kristen Smith
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
Phone: (562)804-1424, ext. 2267

For further information on Title VI requirements or to file a Title VI Complaint within 180 days of the alleged discriminatory action, you may contact:

Federal Transit Administration Office of Civil Rights
Attention: Title VI Program Coordinator
East Building, 5th Floor – TCR
1200 New Jersey Ave.

SE Washington, DC 20590.

-14-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 11 of 31 ends

EXHIBIT C

CITY OF BELLFLOWER
Transit Services
Title VI Complaint Form

The City of Bellflower is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended.

The following information is necessary to assist us in processing your complaint. If you require any assistance in completing this form, please contact the Title VI Compliance Coordinator at (562) 804-1424, ext. 2267. The completed form must be returned to City of Bellflower, Title VI Compliance Coordinator, 16600 Civic Center Drive, Bellflower, CA 90706.

Name: ______________________________________________________________ Street Address:________________________________________________________ Phone:_____________________ Alternative Phone:___________________________ Date of Incident:________________________________________________________ Time of Incident:________________________________________________________

Which of the following best describes the reason for the alleged discrimination? (Check one)
_____ Race
_____ Color
_____ National Origin (Limited English Proficiency)

Please describe the alleged discrimination incident. Explain what happened, whom you believe was responsible, and other specific relevant information. Please use the next page of this form if additional space is required.

(Complete next page of form)

-15-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 12 of 31 ends

CITY OF BELLFLOWER
Transit Services
Title VI Complaint Form

Have you filed a complaint with any other federal, state or local agencies (Check one) _____ Yes _____ No

If yes, list agency or agencies and contact information below:

Agency:

Street Address:

Phone:

Contact Name:

Agency:

Street Address:

Phone:

Contact Name:

I affirm that I have read the above charge, and it is true to the best of my knowledge.

Complainant’s Signature Date

Print or Type Name of Complainant

Date Received:

Received By:

-16-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 13 of 31 ends

CITY OF BELLFLOWER
Transit Services
Formulario de Quejas Titulo VI

La Ciudad de Bellflower centra sus esfuerzos en garantizar que nadie sea excluido de la participación en sus servicios ni que nieguen los beneficios de estos, con base en raza, color u origen nacional, en conformidad con las disposiciones del Título VI de la Ley de Derechos Civiles de 1964 y enmiendas.

La información siguiente es necesaria para ayudarnos en el procesamiento de su queja.

Si requiere ayuda para llenar este formulario, por favor diríjase a la Coordinadora de Cumplimiento del Título VI, al teléfono (562) 804-1424, ext. 2267. El formulario completo debe devolverse a la Coordinadora de Cumplimiento del Titulo VI, 16600 Civic Center Drive, Bellflower, CA 90706.

Nombre: ______________________________________________________________

Dirección: _____________________________________________________________

Teléfono: ____________________________ Segundo Teléfono:__________________ Fecha del incidente:____________________ Hora del incidente:__________________

¿Cuál de los siguientes describe mejor la razón por la supuesta discriminación? (Marque Uno)
_____ Raza
_____ Color
_____ Origen nacional

Por favor, describa el supuesto incidente de discriminación. Explique lo sucedido; quien considera que fue responsable; y otra información específica pertinente. (Por favor, use el reverso de este formulario si requiere espacio adicional.)

-17-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 14 of 31 ends

CIUDAD DE BELLFLOWER
Servicios de Tránsito
Formulario de Quejas Titulo VI

¿Ha presentado alguna queja ante otra agencia federal, estatal o local con respecto a este ncidente? (Marque Uno)
_____ Si _____ No

Si la respuesta es afirmativa, por favor, a continuación enumere la agencia o agencias y la información de contacto:

Agencia: ______________________________________________________________ Dirección: _____________________________________________________________ Teléfono: ______________________________________________________________ Nombre de contacto:_____________________________________________________

Agencia: ______________________________________________________________ Dirección: _____________________________________________________________ Teléfono: ______________________________________________________________ Nombre de contacto:_____________________________________________________

Confirmo que he leído el cargo que se indica arriba y que es verdadero hasta donde tengo conocimiento.

______________________________________________________________________ Firma del declarante Fecha

______________________________________________________________________ Imprima o escriba el nombre del declarante

Fecha de recepción:________________ Recibido por:________________

-18-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 15 of 31 ends

EXHIBIT D

CITY OF BELLFLOWER

LIST OF TRANSIT-RELATED TITLE VI

INVESTIGATIONS, COMPLAINTS AND LAWSUITS

Action Date
(Month, Day, Year)
Summary (basis of
complaint: race,
color, or national
origin)
Status Action(s)
Taken
Investigation
(None)
Lawsuits
(None)
Complaints
(None)

-19-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 16 of 31 ends

EXHIBIT E

CITY OF BELLFLOWER

TRANSIT SERVICES

LIMITED ENGLISH PROFICIENCY (LEP) PLAN

AND LANGUAGE ASSISTANCE PLAN

Introduction

This Limited English Proficiency (LEP) Plan has been prepared to address the City of Bellflower transit services responsibilities as a recipient of federal financial assistance as they relate to the needs of individuals with limited English language skills. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, Federal Transit Administration Circular 4702.1B dated October 2012, which state that no person shall be subjected to discrimination on the basis of race, color, or national origin.

Executive Order 13166, titled Improving Access to services for Persons with Limited English Proficiency, indicated that differing treatment based upon a person’s inability to speak, read, write, or understand English is a type of national origin discrimination. It directs each federal agency to publish guidance for its respective recipients clarifying their obligation to ensure that such discrimination does not take place. This order applies to all State and local agencies which receive federal funds.

Background

The City of Bellflower’s Parks and Recreation Department administers the City’s transit services that are operated by a contract service provider. The current transit service provider is Empire Transportation Services. The Bellflower City Council is the policymaking body for the system. The City’s transit services consist of a fixed-route service (the Bellflower Bus) and a Dial-A-Ride service (Bellflower Dial-A-Ride). The City has developed this LEP Plan to help identify reasonable steps for providing language assistance to persons with limited English proficiency who wish to access transit services provided by the City. As defined by Executive Order 13166, LEP persons are those who do not speak English as their primary language and have limited ability to read, speak, write, or understand English.

This plan outlines how to identify a person who may need language assistance, the ways in which assistance may be provided, and how to notify LEP persons that assistance is available.
-20-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 17 of 31 ends

In order to prepare this plan, City staff undertook the U.S. Department of Transportation (U.S. DOT) four-factor LEP analysis which considers the following factors:

1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter the City’s transit programs, activities, or services.

2. The frequency with which LEP persons come in contact with City transit services programs, activities, or services.

3. The nature and importance of programs, activities, or services provided by the City’s transit services to the LEP population.

4. Resources available to the City’s transit services and overall cost to provide LEP assistance.

A summary of the results of the City’s transit services’ four-factor analysis is in the following section.

Four-Factor Analysis

1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter City transit programs, activities, or services.

City staff reviewed the 2020 U.S. Census and determined that, out of a City population of 71,590 residents, 40,556 (56.6%) of City of Bellflower residents speak a language other than English. In the City of Bellflower, 14,390 residents (20.1%) have limited English proficiency; that is, they speak English “less than very well.” In the City of Bellflower, of those persons with limited English proficiency, the majority speak Spanish. Spanish is the only LEP language group that consists of over 1,000 persons. The Census data query printout is attached as Exhibit I.

2. The frequency with which LEP come in contact with City transit services programs, activities, or services.

All transit services are provided throughout the City. A high percentage of Hispanic/Latino individuals therefore come into contact with transit service bus operators and customer service representatives, including City staff. On-board ridership surveys conducted by the City on October 24, 2022 through October 28, 2022 reflect that 53 percent of riders utilize City services three to five days per week; 26 percent one to two days per week; and 21 percent six to seven days per week.

-21-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 18 of 31 ends

3. The nature and importance of programs, activities, or services provided by City of Bellflower transit services to the LEP population.

The largest geographic concentration of LEP individuals in the City’s transit services area is Spanish-speaking. City transit services are important to LEP patrons because they provide an alternative means of transportation to conduct their day-to-day activities. On- board ridership surveys conducted by the City indicate that 91 percent are captive transit riders. The key trip purposes indicated for trips were 28 percent for medical/dental; 26 percent for shopping or other; 19 percent for work; 19 percent for school; and 9 percent for home.

4. The resources available to the City and overall cost to provide LEP assistance.

City staff has access to a variety of resources that can help in outreaching and providing LEP assistance at low or no cost. Several City staff members are bilingual in Spanish, Korean, and Tagalog, and can provide the LEP population assistance. The City’s current Community-based resources and assistance include:

• City of Bellflower Web Site
• City of Bellflower City Hall
• Simms Park
• Caruthers Park
• Thompson Park
• Los Angeles County MTA – Call center multi-language verbal translation
• Los Angeles County Social Services Department – Call center multi-language translation

The above community resources will be used on a regular basis to assist in identifying needs of the City’s LEP population. They will also serve as a means to widely disseminate bilingual transit service information and announcements and to notify the LEP population of planned workshops and outreach efforts.

Based on the four-factor analysis, the City of Bellflower will develop its LEP Plan as outlined in the following section.

Identification of LEP Population
-22-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 19 of 31 ends

The results of the Four Factor Analysis concluded that Spanish and Asian and Pacific Island languages were the language groups that met the Safe Harbor Provision threshold of 1,000 persons or 5% of the City’s population.

The Transit Division has developed several possible ways to assist in identifying LEP populations within the City, including:

1. Examine records to see if requests for language assistance have been received in the past, either at meetings or over the phone, to determine whether language assistance might be needed at future events or meetings.

2. Have a staff person greet participants as they arrive to City of Bellflower transit- sponsored events. By informally engaging participants in conversation it is possible to gauge each attendee’s ability to speak and understand English.

3. At City of Bellflower transit meetings and events, develop identification cards that indicate primary language spoken, as appropriate. This will assist the City in identifying language assistance needs for future events and meetings.

4. Survey vehicle operators and other front-line staff, like dispatchers, dial-a-ride schedulers, and service development planners on their experience concerning any contacts with LEP persons. City staff will perform the survey within six (6) months of approval of the Title VI Program, and once every three (3) years thereafter.

5. Network with local human services organizations (such as Social Services and Public Health) to assist in identifying LEP groups and individuals most in need of LEP assistance and to further facilitate dissemination of information about the City’s transit services.

6. Network with local faith-based and community-based organizations to assist in identifying LEP groups and individuals most in need of LEP assistance and to further facilitate dissemination of information about the City’s transit services.

Language Assistance Plan Measures

There are plans for a number of language assistance options available to LEP persons, including both oral and written language services. There are also various ways in which City of Bellflower transit staff can respond to LEP persons, whether in person, by telephone, or in writing.
-23-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 20 of 31 ends

• Translate vital documents including, but not limited to, Title VI Notice, Complaint Form, Complaint Procedures, and other items related to safety into Spanish.

• Placement of statements in notices and publications that interpreter services are available for these meetings.

• Survey bus drivers and other front-line staff, like dispatchers, Dial-A-Ride schedulers, and service development planners on their experience concerning any contacts with LEP persons during the previous year.

• Post the City of Bellflower Transit Services Title VI Policy and LEP plan on the City of Bellflower website at www.bellflower.com .

• When an interpreter is needed, for a language other than Spanish, in person or on the telephone, staff will attempt to access language assistance services from a professional translation service or qualified community volunteers.

Outreach Techniques

When staff prepares a document or schedules a meeting, for which the target audience is expected to include LEP individuals, documents, meeting notices, flyers, and agendas will be printed in an alternative language based on the known LEP population.

Interpreters will be available as needed. The City currently uses a variety of outreach approaches, as described below.

Public Outreach Activities

The Bellflower Bus schedules are posted on the City of Bellflower web site. The City’s web site provides material in both English and Spanish. The City also provides easy access to bilingual (English and Spanish) administrative staff and drivers at the City’s Transit office during operating hours to answer questions during their regular shift schedules for those LEP passengers who use the City’s bus system.

The City reaches out to the community directly through meetings with agency and community staff and their clients, as needed. Information regarding the City’s transit services is disseminated at these meetings, including schedules and appropriate fliers.

Schedules also are made available at a variety of locations throughout the community and on the Bellflower Bus.
-24-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 21 of 31 ends

Recommendations to maximize community involvement are reflected in this plan.

Participation in Community Activities

The City engages in community activities that promote its transit services. These activities include functions where a broad cross-section of the community can access available transit information, including schedules, brochures and fliers.

Assurances

The City of Bellflower transit services will ensure that no person, on the grounds of race, color, national origin, as provided by Title VI of the Civil Rights Act of 1964, will be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. Further, the City will notify the public of protections against discrimination afforded them by Title VI Regulations and will take preventive corrective and disciplinary action necessary to stem behavior that violates the rights and privileges the regulations are designed to protect.

The City will post information on its web site and ensure that it reflects up to date information consistent with the requirements of 49 CFR Section 21.9(d).

Monitoring and Updating the LEP Plan

The City of Bellflower will update the LEP as required by U.S. DOT. At a minimum, the plan will be reviewed and updated every three years when the Title VI Program Update is due and supplemented when future U.S. Census data is available, or when it is clear that higher concentrations of LEP individuals are present in the City of Bellflower transit services area. Updates will include the following:

Documentation of LEP personal contacts.

How the needs of LEP persons have been addressed.

Determination of the current LEP population in the service area.

Determination as to whether the need for translation services has changed.

Determination of whether local language assistance programs have been effective and sufficient to meet the need.

Determination of whether the City of Bellflower transit services financial resources are sufficient to fund language assistance resources needed. -25-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 22 of 31 ends

Determination of whether the City of Bellflower has fully complied with the goals of this LEP Plan.

Determination of whether complaints have been received concerning transit services’ failure to meet the needs of LEP individuals.

Staff Training

As part of regular and on-going training for City staff, at a minimum of one training or information session per quarter, trainers will focus on diversity, inclusive practices and language. Training sessions will use, when reasonable, evidence-based training. Staff will be trained on prevention of harassment and discrimination, and on how to best assist LEP individuals.

Availability of Title VI Plans and Procedures

The City of Bellflower LEP Plan and the Title VI Procedures are included in the City of Bellflower’s website at www.belllower.org . Any person or agency with internet access will be able to access and download the plan from the City of Bellflower website.

Alternatively, any person or agency may request a copy of the plan via telephone, fax, mail, or in person and shall be provided a copy of the plan at no cost. LEP individuals may request copies of the Plan in translation which the City of Bellflower will provide, if feasible.

Questions or comments regarding the LEP Plan may be submitted to the City of Bellflower’s Title VI Transit Compliance Coordinator:

Kristen Smith
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
Phone: (562) 804-1424, ext. 2267
Fax: (562) 925-8660
Email: [email protected]

-26-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 23 of 31 ends

EXHIBIT F

CITY OF BELLFLOWER

TRANSIT SERVICES

PUBLIC PARTICIPATION PLAN (PPP)

Key Principles:

The City of Bellflower’s transit services Public Participation Plan (PPP) has been prepared to ensure that no one is precluded from participating in the City’s transit service planning and development process. It ensures that:

• Potentially affected community members will have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and/or health;
• The public's contribution can and will influence the City’s decision making; • The concerns of all participants involved will be considered in the decision-making process; and,
• The City will seek out and facilitate the involvement of those potentially affected.

Through an open public process, the City has developed a PPP to encourage and guide public involvement efforts and enhance access to the City’s transit service decision- making process by minority and Limited English Proficient (LEP) populations. The PPP describes the overall goals, guiding principles and outreach methods that the City uses to reach its participants.

Limited English Proficient (LEP)

LEP refers to persons for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English. It includes people who reported to the U.S. Census that they speak English less than very well, not well, or not at all.

Early, Continuous and Meaningful

The steps outlined in the PPP offer early (in the planning process), continuous and meaningful opportunities for the public to be involved in the identification of social, economic and environmental impacts of proposed program decisions on the City’s transit services. It is a guide for how the City engages it's ever changing diverse community.

The City may continue to improve its public participation methods over time based on -27-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 24 of 31 ends

feedback from all of its participants and community members, including low-income, minority, and LEP populations, as well as customer and community-based organizations.

Goals of the Public Participation Plan

The overarching goals of the City’s PPP include:

• Clear Lines of Influence - The process clearly identifies and communicates where and how participants can have influence and direct impact on decision-making. • Diversity - Participants represent a range of socioeconomic, ethnic and cultural perspectives, with representative participants including residents from low income neighborhoods, ethnic communities and from LEP populations. • Accessibility - Every reasonable effort is made to ensure that opportunities to participate are physically, geographically, temporally, linguistically, and culturally accessible.
• Participant Satisfaction - People who take the time to participate feel it is worth the effort to join the discussion and provide feedback.
• Partnerships – The City develops and maintains partnerships with community groups.

Objectives of the PPP

The City will use its PPP when considering curriculum changes, reductions in service hours, changes in fare or fare media, and to provide feedback to MTA on any challenges that may arise on bus routes.

Regional Partnership/Capital Programming

The City will reach out to regional partners such as MTA, Long Beach Transit, Norwalk Transit, and others when considering replacement or upgrade of the City’s transit system vehicles, transit facilities and other transit amenities.

Outreach Efforts: Alerting Potential Participants and Encouraging Engagement

The City will reach out to our riding community and invite their participation in the planning of programs and services. Noting the diversity of the Gateway Region, and our commitment to inclusion, we have developed outreach initiatives using various platforms, languages, visuals, and tools. As the City’s program advances, we may adapt and -28-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 25 of 31 ends

enhance these methods to better reach participants and expand our messaging and methods, which will include:

• Press releases to local newspapers including English and Spanish; • Program announcement brochure;
• Direct mail of brochure to non-profit agencies serving special needs population; • City’s web site at “ www.bellflower.org” (under “City Departments – Parks & Recreation Department– Transportation);
• Social media announcements on City transit services using Facebook and Twitter; • E-blast announcements of program;
• Placement of flyers in City transit buses;
• Participation in community events to distribute brochures and talk with people regarding or about the City’s transit services;
• Placement of flyers in community centers.

Public Meetings

When considering a program change, the City will:

• Publicize or promote proposed changes and public meetings to the public using the methods listed in the Outreach Efforts: Alerting Potential Participants and Encouraging Engagement section (Page 22);
• Schedule meetings at times and locations that are convenient and accessible for minority, low -income, and LEP communities;
• Employ different meeting sizes and formats, including town hall, social media, and community-based;
• Coordinate with community organizations, educational institutions, and other organizations to implement public engagement strategies that reach out specifically to members of affected minority and/or LEP communities; • Host meetings in locations that are ADA complaint and accessible to people with disabilities;
• Consider newspaper ads and local media as well as podcasts that serve LEP populations;
• Utilize press release, mailers or e-blasts to announce public meetings, specifically identifying the time, place, and meeting topic(s);
• All materials, program opportunities, and program policies will be discussed at meetings, as to create an inclusive and transparent program for community members and program participants;
-29-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 26 of 31 ends

• Materials sent out will be translated into Spanish, and other languages upon request or based on need; or a translator will be available, if requested and where feasible;
• Provide opportunities for public participation through means other than written communication, such as one-on-one interviews or use of audio or video recording devices to capture oral comments;
• Once public meeting is held, there will be a weeklong "comment period" (7 days), where community members can submit feedback on the meeting topic(s); • Once complete, City staff will analyze and summarize all program feedback and present it to City management for decision making;
• Vital program policies and procedures will be available on the City’s website, City Clerk's office and at the Simms Park Administration Office; • Additional policies and procedures will be available upon request to community members or program participants.

City Transit Service Mediums (Bilingual)

• Print - Newspapers and other periodicals
• Outdoor - Advertising on board buses (interior and exterior) and on bus shelters • Internet – Via City’s website at http://www.bellflower.org • Social Media - On Facebook and Twitter
• U.S. Mail - Direct mail to community partners
• In-Person – At public meetings

Incorporation of Public Comments as Part of Decision-Making Process

All comments received through the PPP are given careful and thoughtful consideration.

Because there are a number of different ways participants or members of the community can comment on proposed service changes, all comments will be compiled into a single document for presentation to the Director of Parks and Recreation.

Identification of Stakeholders

Stakeholders are those who are either directly or indirectly affected by a plan, or the recommendations of that plan. Those who may be adversely affected, or who may be denied benefit of a plan's recommendation(s), are of particular interest in the identification of specific stakeholders. Stakeholders can come from a number of groups including general citizens/residents, minority and low-income persons, public agencies, and private organizations and businesses. While stakeholders may vary based on the plan or -30-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 27 of 31 ends

program being considered, the City has assembled a listing of stakeholders with whom we regularly communicate through email and direct mail. A complete list of City transit service community stakeholders can be obtained by contacting the City’s Parks and Recreation Department.

Stakeholder List

Any community organization or person can be added to the City’s transit services stakeholder list and receive regular communications regarding travel services by contacting the City’s Parks and Recreation Department at (562) 804-1424, ext. 2267.

Local organizations and businesses can also request that a speaker from the City’s transit services attend their regular meeting at the same number or through the City’s website at www.bellflower.org

-31-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 28 of 31 ends

EXHIBIT G

CITY OF BELLFLOWER

SYSTEM-WIDE SERVICE STANDARDS

BELLFLOWER BUS FIXED-ROUTE SYSTEM

Background

FTA requires all fixed-route transit providers of public transportation to develop quantitative standards for the following indicators. Individual public transportation providers may establish their own standards.

Definitions

Vehicle Headway: A measure of time between two vehicles in a transit system traveling in the same direction. A “shorter” headway signifies a more frequent service.

Vehicle Load Ratio: A ratio of passengers to seats in a transit system vehicle. For example, a 1.00 load ratio means that every seat on the bus is filled and there are no standing passengers, whereas a 1.25 load ratio means that every seat on the bus is filled and the number of standing passengers equals 25% of the number of seats on the bus.

On-time Performance: A measure of runs completed as scheduled.

Service Availability: A measure of system accessibility for community residents.

Vehicle Headway Standards

The current vehicle headway standard is 30 minutes for both the North and South Bellflower Bus lines. This standard is evaluated each year with adjustments, if any, based on prior year’s performance.

Vehicle Load Ratio Standards

The current vehicle load ratio for Bellflower Bus is 1.42 passengers per seat for both North and South Bellflower Bus lines. This standard is evaluated each year with adjustments, if any, based on prior year’s performance.

On-Time Performance Standards

A vehicle is considered on time if it departs a scheduled timepoint no more than one minute early and no more than five minutes late. Bellflower Bus’s on-time performance objective is 90% or greater. The City of Bellflower continuously monitors on-time -32-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 29 of 31 ends

performance and system results are part of performance reports covering all aspects of operations.

Service Availability Standards

The City of Bellflower’s service availability standards will strive to ensure that 90% of residents in the service area are within one-half mile of bus service.

-33-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 30 of 31 ends

EXHIBIT H

CITY OF BELLFLOWER

SYSTEM-WIDE SERVICE POLICIES

FIXED-ROUTE SYSTEM

Background

FTA requires that all providers of fixed-route public transportation develop qualitative policies for the following procedures:

Vehicle Assignment
Transit Amenities

Policies

Vehicle Assignment Policy

A vehicle(s) will be assigned to each of the Bellflower Bus fixed-routes such that the average age of the fleet serving each route does not exceed over three years beyond the FTA useful life standard of the assigned vehicle type.

All vehicles will be equipped with air conditioning.

All vehicles will be equipped with wheel chair lifts.

All vehicles will be equipped with bike racks.

The capacity of vehicles will be matched to the operating characteristics of the route.

Transit Amenities Policy

Installation of transit amenities along bus routes will be based on the number of passenger boardings at stops along those routes.

-34-

City of Bellflower – Transit Services
Title VI Program – October 28, 2022

Page 31 of 31 ends

EXHIBIT I

CITY OF BELLFLOWER
2020 U.S. CENSUS DATA

-35-

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

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager

SUBJECT: Consideration and possible action to authorize the City Manager to execute Amendment No. 1 to Agreement File No. 923, in a form approved by the City Attorney, with Craftwater Engineering, Inc., to incorporate the Youth and Senior Center Project into the environmental review and CEQA documents being prepared for the Simms Park Stormwater Capture Project.

DATE: December 12, 2022

EXECUTIVE SUMMARY

This action would authorize the City Manager to execute Amendment No. 1 to Agreement File No. 923 with Craftwater Engineering, Inc. (Craftwater).

RECOMMENDATION TO CITY COUNCIL

1) Authorize the City Manager to execute Amendment No. 1 to Agreement File No. 923, in a form approved by the City Attorney; or

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

FISCAL IMPACT

Amendment No. 1 would add $40,375 to Agreement File No. 923, for a total not to exceed amount of $1,440,375. Funds for the Youth and Senior Center Project environmental review are budgeted in Account No. 011-47604-9000.

BACKGROUND

On February 14, 2022, the City entered into Agreement File No. 923 with Craftwater for the design of the Simms Park Stormwater Capture Project, which includes the environmental review and preparation of CEQA documents for that project. Since the proposed Youth and Senior Center Project will also be located at Simms Park, Public Works requested a proposal from Craftwater to include both projects under one environmental review process. On October 5, 2022, Craftwater provided the requested proposal, which Public Works reviewed and found to be acceptable. The proposed Amendment No. 1 would incorporate the Youth and Senior Center Project into the environmental review and CEQA documents being prepared for the Simms Park Stormwater Capture Project.

ATTACHMENT

Amendment No. 1 to Agreement File No. 923 ...................................................................... 2 -1-

Page 1 of 2 ends

AMENDMENT NO. 1 TO
AGREEMENT FILE NO. 923 BETWEEN

THE CITY OF BELLFLOWER AND
CRAFTWATER ENGINEERING, INC.

FOR THE DEVELOPMENT OF THE SIMMS PARK STORMWATER CAPTURE

PROJECT DESIGN AND THE YOUTH AND SENIOR CENTER PROJECT

ENVIRONMENTAL REVIEW

THIS AMENDMENT NO. 1 (“Amendment”) is made and entered into this 12th day of December 2022 by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”), and Craftwater Engineering, Inc., a California Corporation (“CONSULTANT”).

SECTION 1. Pursuant to Section 36 of Agreement File No. 923 (“Agreement”), Section 1.C (Consideration) is amended to read as follows:

“1.C. CONSIDERATION. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $1,440,375 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 “B,” which is incorporated by reference.

SECTION 2. Exhibit A (Scope of Services) is replaced by the attached Exhibit A.

SECTION 3. Exhibit B (Fee Schedule) is replaced by the attached Exhibit B.

SECTION 4. 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.

SECTION 5. Except as modified by this Amendment, all other terms and conditions of Agreement File No. 923 remain the same.

[SIGNATURES ON NEXT PAGE]
-2-

City of Bellflower
Agreement File No. 923 Amendment No. 1
Craftwater Engineering, Inc.

Page 2 of 2 ends

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

CITY OF BELLFLOWER CRAFTWATER ENGINEERING, INC.

_________________________________ ____________________________ Jeffrey L. Stewart, City Manager Chad Helmle, President

ATTEST:

_____________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

_________________________________
Karl H. Berger, City Attorney

Taxpayer ID No. 83-4491771
Attachments:

Exhibit A – Scope of Services
Exhibit B – Fee Schedule
-3-

CITY OF BELLFLOWER

AGREEMENT FILE NO. 923 - EXHIBIT A

SCOPE OF SERVICES

CONSULTANT will perform Tasks 1 through 10 as described under the heading “Scope of Work” in CONSULTANT’s February 9, 2022 proposal titled “Proposal for the Development of the Simms Park Regional Stormwater Capture Project Design” and the “Teen and Senior Center CEQA Review” proposed in CONSULTANT’s October 5, 2022 email proposal, attached hereto as Exhibit A1.
-4-

San Diego | Los Angeles
858.997.8172
craftwaterinc.com

February 9, 2022

Mr. Bernardo Iniguez
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706

Subject: Proposal for the Development of the Simms Park Regional Stormwater Capture Project Design

Dear Mr. Iniguez:

Craftwater Engineering appreciates the opportunity to submit the enclosed Fee Proposal (Scope of Work and Cost Proposal) to provide consulting services to develop the 100% design documents, environmental documentation, and public outreach efforts for the Simms Park Regional Stormwater Capture Project.

The design will contain all the components required for a construction-ready plan set including all necessary permits and CEQA documentation. We understand the importance of this project to the City and the Los Cerritos Channel Watershed Management Program and its potential to meet required pollutant load reduction goals. Our design approach includes a cost-benefit analysis which determines the optimum project size and type that will efficiently help achieve those pollutant goals without breaking the bank.

Our key project team members include Merrill Taylor, PE, Project Manager; Oliver Galang, PE, ENV-SP, Principal Engineer, and Courtney Semlow, PE (MA, VA), Design Engineer. This team has previously completed preliminary design and feasibility study reports for Simms Park which was submitted for funding during the FY20/21 and FY21/22 SCWP call for projects. In addition, our team includes the original design team for the award-winning Caruthers Park Stormwater Capture Project. Further, this same team was responsible for 8 of the 11 largest regional stormwater capture projects that have been constructed in the Los Angeles area (including Caruthers Park) to meet TMDLs, and another 12 regional stormwater capture projects that are awaiting construction groundbreaking. These regional projects total just over $1 billion in construction value!

We look forward to supporting you and demonstrating our thorough understanding of stormwater capture design as we execute another top-notched project for the City. Services will be billed based on percent of work completed with a total firm fixed price contract amount of $1,361,396.

Should you have any questions, please contact me at 213.598.4178 or [email protected].

Respectfully submitted,

Oliver Galang, PE
Principal Engineer, Craftwater Engineering, Inc.

-5-

Mr. Iniguez
February 9, 2022

Page 2 ends

2 ATTACHMENT A. SCOPE OF SERVICES

-6-

City of Bellflower
Simms Park Stormwater Capture Project, Bellflower, CA – Final Design 1 January 14, 2022
ATTACHMENT A. SCOPE OF WORK
Craftwater Engineering has assembled a project team of leaders and experts in regional stormwater capture analysis and design for the development of a Feasibility Study Report for a Stormwater Capture Project at Simms Park in Bellflower. The park is located within the Los Cerritos Channel Watershed. The final deliverable is intended to finalize design and prepare all needed documentation for construction.

The following provides our technical approach to fulfill the specific needs of this project.

Task 1. Project Management, Coordination, and Meetings
Project Management will consist of managing project
controls such as scheduling, budgeting, progress
reporting, and invoicing. It also includes coordination with the City Project Manager. Our team is also
available to support the partner agencies from the Los
Cerritos Channel Watershed Management Group
(LCC WMG).

Project Schedule
Craftwater Engineering will develop a detailed Critical Path Method (CPM) schedule for managing this
project. The schedule will be prepared in Microsoft
Project and will detail the degree of activity for the
major tasks of the project. The schedule includes task
predecessors, float time, start/finish dates, and task
dependency to ensure that work products are
completed on a timely basis. The preliminary
schedule also reflects the schedule of deliverables.

The schedule will serve as a planning tool for the
project team and will be evaluated and updated, if
necessary, and as approved by the City Project
Manager.

Project Coordination
Craftwater Engineering is committed to ensuring that
the City is fully informed of all day-to-day design
activities and progress. This will be achieved through
regular project correspondence, including
coordinating calls, that will allow the City Project
Manager to measure the actual vs. plan work
progress. Explanations of the work completed and
work to be done will be communicated during the
project coordination calls.

Project Meetings
Kick-Off Meeting. The project will be initiated with a Project Kick-Off Meeting held virtually or in-person at the City of Bellflower or other designated location by
the City. The objective of the Kick-off Meeting will be to discuss the project scope, the final details of the
schedule, and review the data needs. Also, this
meeting will be an opportunity for Craftwater
Engineering to obtain feedback from the City
regarding the critical success factors for the project.

Craftwater Engineering will be ready to initiate the
kick-off meeting following the receipt of a Notice to
Proceed from the City. Craftwater Engineering will
prepare an agenda, presentation, and meeting
summary notes for the kick-off meeting.

Project Team Coordination Meetings. Project
Meetings will be conducted on an as-needed basis
with the City, LCC WMG, and other select
stakeholders to review project status and ensure that
the contract objectives and milestones are being
achieved. The date and times of the coordination
meetings will be arranged during the Kick-Off
Meeting. To supplement these meetings, the
Craftwater Engineering Project Manager will also
maintain ongoing communication with the City Project
Manager. A detailed agenda, presentation including
schedule, action item list, and meeting summary
notes will be developed for each meeting.

Task 1 Deliverables
• Project schedule updated as needed over the
course of the project
• Attendance at the Kick-Off Meeting followed by
up to eighteen (18) as-needed Project Team
Coordination Meetings including agenda,
presentation, and summary notes.

Task 1 Assumptions
• Our budget assumes that there will be one Kick-
Off Meeting and 18 additional as-needed project
team coordination meetings. The project
management task duration will not exceed 18
months.
• Project Coordination with the City Project
Manager will occur via conference call or web-
based conference and will not be longer than a 1
hour in duration.
-7-

City of Bellflower
Simms Park Stormwater Capture Project, Bellflower, CA – Final Design 2 January 14, 2022
• Kick-Off Meeting and Project Team Coordination
Meetings will be conducted virtually or at the City
of Bellflower agency office. A conference call
number will also be made available by the
Craftwater Engineering Project Manager for
participants who are unable to attend in person.

Task 2. Site Investigation and Utility Research
This task consists of the initial data gathering efforts for the stormwater capture facility at Simms Park.

The Craftwater Engineering Project Team will discuss
the site alternatives and obtain feedback during the
Project Kick-Off Meeting. Drawing on the feedback,
the Craftwater Engineering team will conduct a field
investigation to assess the preferred approach. The
layout will be finalized and design plans developed.

Field Investigation
The evaluation will include one day of field
reconnaissance work with the City representatives.

The field reconnaissance will be an opportunity for
Craftwater Engineering to identify diversion options,
pump station locations, conveyance, and storage,
infiltration, or filtration alternatives. In addition, the City will have an opportunity to provide input
regarding opportunities and constraints as part of the
project development process.

Records Research
A desktop evaluation will also be conducted to
research readily available as-builts, utility information, groundwater depths, and geotechnical reports. Our
team will request any available reports, tests, or
information previously gathered by the City or the
watershed group. Craftwater Engineering will obtain
the as-builts for the LACFCD existing infrastructure
and will request for the Park as-builts from the City of Bellflower.

Utility Research
Utilizing USA Dig Alert’s website, a comprehensive
utility matrix will be developed, which Craftwater
Engineering will use to request utility atlas/as-built
information. The letters to the utility purveyors will be drafted and provided to the City who will submit the
letters to the respective providers to ensure fees are
not incurred. The atlas information will be used to
inform the concept design layout to avoid utility
conflicts and will be incorporated into the design
plans.

Once the site investigations and project information
review component are complete, our team will
perform a site visit to verify the accuracy of data
obtained and the locations of the utilities based on the utility atlases received. The team will also verify the appropriate right-of-way and incorporate the utility
investigation into the topographic base maps.

Potholing
Additional potholing may be needed once all the utility maps are collected for the area being impacted by the
project site elements. A budget allocation of $20,000
has been included and is estimated to cover 10
pothole investigations. An additional $10,000 is
included for traffic control efforts associated with the potholing efforts. However, it is understood that the
exact number and depth of potholes are unknown at
this time. For budgetary purposes it is assumed that
the depth of each pothole would not exceed 5 feet and
would be excavated using a hand auger.

Topographic Survey
Craftwater will conduct a topographic survey to map
the ground surface, key site features, and subsurface
constraints. These features may include, but are not
limited to, tree canopies, above ground infrastructure, storm drain invert elevations, street centerlines,
sidewalks, existing utilities, fences, and park
amenities.

The topographic survey will be comprised of two
major portions: ground survey and aerial
photogrammetry. Two days of field survey and one
day to set aerial targets have been assumed to obtain
supplemental survey data that is obscured, as well as
collect field invert data available. Our team will
coordinate with the City for access to the storm drain
line to verify the pipe inverts. Our team will place and survey targets for the aerial survey.

The Craftwater team will provide the following
products and services:
• Research existing record data consisting of
record of surveys, parcel maps, tract maps
and other recorded documents made
available to the design team.
• Request and review existing Geographic
Information System (GIS), ground survey,
aerial photogrammetry, and other electronic
information available from the County.
• Establish horizontal project control for the
project moving forward based on the
California State Plane Coordinate System,
-8-

City of Bellflower
Simms Park Stormwater Capture Project, Bellflower, CA – Final Design 3 January 14, 2022
Zone 5 (NAD 83), and vertical control based
on the Los Angeles County benchmark
system. Additionally, a basis of bearing and
local site control will be established for future
use.
• Base map and 3-dimensional surface of
Simms Park.

The invert of the drainage culvert will be determined
by topographic survey and as-built information
because the invert elevation at the point of diversion
will be of critical importance. Utility as-builts will be incorporated horizontally and vertically into the
existing site plan.

Task 2 Deliverables
• Utility Search letters that will be sent to the
purveyors by the City
• Topographic base map in AutoCAD format
Task 2 Assumptions
• Local City utilities and local storm drain
infrastructure will be provided by the City of
Bellflower.
• Any required access permits with the City will be
provided at no effort or cost to our team (e.g.
encroachment, drilling, etc). Permits with the
County are included in this cost proposal.

Task 3. Geotechnical Investigation
Our team will perform a geotechnical investigation to
supplement the original geotechnical investigation in
order to evaluate the subsurface conditions at Simms
Park where stormwater underground capture and
storage facilities are proposed, and where permeable
pavers are considered for stormwater infiltration
within the parking stall areas.

The following activities will be performed:
• Conduct a soil investigation consisting of 3
exploratory boreholes (B-3 through B-5 in figure):
 One borehole drilled to a depth of about 50
feet within the footprint of the underground
stormwater storage facilities to supplement
data for the foundation and excavation
design, as well as to complete liquefaction
analyses.
 One borehole drilled to a depth of 30 feet in
the vicinity of the pretreatment unit area to
provide recommendations for the design of
the shoring and foundations.
 One borehole drilled to a depth of 30 feet in
the vicinity of the diversion structure (within
the parking lot area) to provide
recommendations for the design of the
shoring and foundations.
• Drill 3 infiltration test boreholes (P-3 through P-5):
within the parking area to a depth of 3 to 3.5 feet
to determine infiltration rates for the design of the
permeable pavers.
• It is assumed that the field work will take place
over a period of 1 day.
• Perform infiltration testing in general accordance
with the small diameter boring method per the
County of Los Angeles Administrative Manual
GS200.1 (6/30/2021).
• Perform geotechnical laboratory testing of
selected samples to evaluate gradation
properties.
• Prepare a Geotechnical Design Report
presenting the results of the infiltration and
laboratory testing as well as geotechnical
recommendations for the design of the proposed
facilities.

Task 3 Deliverables
• Draft and Final Geotechnical Investigation Report
Task 3 Assumptions
• Craftwater will acquire only the drilling permits
with the City. It is assumed that the City will
provide any other required permits or with private
property owner at no cost to Craftwater, e.g.
encroachment, drilling, traffic control permits, etc.
• Craftwater will not be responsible for utilities
encountered during drilling that have not been
marked out by Underground Service Alert (USA),
shown on provided plans, or physically indicated
in the field by the Client. Craftwater recommends
the use of a subcontractor that can locate utilities
using Ground Penetrating Radar (GPR)
-9-

City of Bellflower
Simms Park Stormwater Capture Project, Bellflower, CA – Final Design 4 January 14, 2022
methodology. We can procure these services, if
requested, at an additional cost.
• The Client will provide access to water at no cost
to Craftwater during drilling and percolation
testing.
• It is assumed that the work will be performed
during normal working hours, i.e., 7am to 5pm an
during regular working days. If any work is
required to be performed at night or on the
weekends, then the costs will need to be
increased.
• The entire field scope of the project is performed
during one mobilization and during regular
working days.
• The sites are accessible with a truck-mounted
drill rig.
• No allowance for traffic control plans has been
included in this cost estimate.
• Craftwater assumes that the park and the City
personnel will assist with the removal of the grass
and posterior restoration in the areas designated
by Craftwater for exploratory borings and
infiltration testing. Craftwater will not be
responsible for any damage to the grass or
vegetative cover at the locations of drilling or
infiltration testing.
• For any borings drilled on the street Craftwater
will not be responsible for the removal of
markings painted on the pavement by Craftwater
or by utility locators clearing up the area. Costs
for paint removal can be provided upon request.
• The borings will be backfilled with cement grout
as required by the County and the surface, if
needed, will be repaired with quick set concrete
or asphalt cold patch. The boring locations will
be left at “broom-clean” condition.
• It is assumed that the spoils from the soil cuttings
will be left at each site and will be spread neatly
on the ground surface, or the City of Bellflower
will dispose of them, i.e., no drumming or disposal
costs have been included in this proposal.
• This geotechnical exploration will not include
sampling, testing, or assessment of toxic or
hazardous substances, or evaluation of other
environmental issues. If during the performance
of the subsurface exploration, foreign or odorous
materials are encountered, drilling will be
terminated at that location and the client will be
notified of the condition.
• This cost estimate has been prepared assuming
favorable conditions for the geotechnical
investigation and the infiltration testing. This cost
estimate may need to be adjusted in the following
scenarios:
o The final layout of the BMP facilities may
need more exploration borings. The
establishment of a more accurate infiltration
rate may require more percolation testing at
different depths.
o Adverse weather conditions are encountered
during the field activities.
o Estimates assume that all the excavated soils
can be stockpiled and disposed at the sites.
o Estimates assume that no contaminated soils
are present.
• This scope does not include any costs for
geotechnical meetings, or for addressing more
than 1 set of review comments.

Task 4. Stormwater Capture Strategy
Updates
Hydrologic & Hydraulic Analyses
The drainage area, diversion, sizing, and filtration rate of the SCWP feasibility study serve as the basis of
design for this effort. During the site investigation,
utility search, and geotechnical study, changes to the
configuration may be warranted and a proper
evaluation of the design change impacts is
necessary.

We will generate the long-term simulation statistics
from the latest edition of the Watershed Management
Modeling System (WMMS 2.0) to determine the
average annual runoff, peak flows, and average
annual pollutant removal. A summary of the land use
and precipitation from the WMMS 2.0 model will be
included and compared to the existing WMMS
hydrologic statistics that was completed for the
SCWP Feasibility Study. We will use the WMMS 2.0
model to re-assess the system performance and
ensure that the SCWP scoring remains unchanged.

The hydraulics of the diversion point along the storm
drain will be completed using the Los Angeles County
Water Surface Pressure Gradient (WSPG) model to
determine the water surface elevation within the pipe
to ensure the presently designed conveyance
capacity is maintained. The existing design flows for
the 90” RCP will be obtained from the LACFCD. The
diversion pipe will by sized utilizing the Manning’s
-10-

City of Bellflower
Simms Park Stormwater Capture Project, Bellflower, CA – Final Design 5 January 14, 2022
equation while the drop structure will be sized utilizing the drop inlet calculations in HEC-22.

Water Quality Analysis & Optimization
Our team will prepare an analysis based on the
Hydrologic Study to quantify the existing and potential water quality of the project incorporating and
evaluating alternative treatment design layouts. We
will utilize the latest edition of WMMS2 and the EPA
SUSTAIN model to determine the anticipated
average annual pollutant loading and associated
reductions for the pollutants of concern in addition to flow volumes and sediment loading. We will ensure
the performance meets or exceeds the reductions
identified within the SCWP application while possibly
reducing costs through higher efficiency treatment
methodologies. The water quality modeling will
evaluate the benefit of outflow options of infiltration and filtration to evaluate possible alternatives that can increase project performance while minimizing overall
costs.

Results from the Water Quality Analysis will be
incorporated into a Hydrologic and Hydraulic Study.

Water Conservation Analysis
Craftwater Engineering will verify the potential annual groundwater recharge volume associated with the
project site and the inclusion of the possible
enhancements. We will utilize the latest edition of
WMMS2 and the EPA SUSTAIN model to determine
the water capture and ensure the design will meet or
exceed the values identified within the SCWP
application.

Results from the Hydrologic and Hydraulic, Water
Quality, and Water Conservation Analyses will be
summarized in a Stormwater Capture Memorandum.

A draft will be submitted, and all comments will be
addressed and prepared in a final document and
included with the submittal of the 30% Plans and
Specifications.

Task 4 Deliverables
• Stormwater Capture Memorandum (Draft & Final)
Task 5. Plans, Specifications, and Estimates
Craftwater will provide bid-ready construction
documents including plans, specifications, engineer’s
estimate of probably costs, calculations, and
construction schedule. The PS&E documents will be
submitted at 30%, 60%, 90%, and 100%. The 100%
submittal will be considered the final submittal. After each submittal, we will attend a design review
workshop with the City to review any
comments/clarifications received. The workshops will
be scheduled upon receipt of written comments from
the City.
30% Plans
For the 30% design submittal, the project team will
develop plans to the 30% level overall. Approximately
60% of the civil design drawings will be developed to
some degree and many will be nearly complete.

Outline specifications and cost estimates will be
prepared.

The 30% submittal will mostly consist of plan sheets
to provide more detail than was originally included in
the Feasibility Report, and address comments from
the City. System components anticipated to be
included are as follows:
• Structures and equipment to remove trash and
debris;
• Facilities to filter and remove sediment, metals,
nutrients, and other pollutants from the
stormwater;
• Facilities to divert pipe flow to the detention
gallery, and return cleaner water back to the pipe;
• Parking lot appurtenances and park facilities.

The structural, mechanical and electrical design
features will be further refined at the 60% design level to verify possible pump station sizing, piping layout
and initial consultation with Southern California
Edison (SCE).

Four (4) 11”x17” hard copy sets and digital electronic
files of 30% Plans, Outline specifications, and Cost
Estimate will be submitted.

It is assumed that a 30% Design Workshop will be
convened at a location to be named by the City, with
the availability of teleconferencing the supporting
design team, approximately two (2) weeks following
receipt of the 30% Design Submittal. A review
comment matrix will be prepared to capture review
comments and responses of all comments. The
responses will be meaningful and descriptive enough
to allow for the City Project Manager to fully
understand the nature of the comment and how the
comment was closed.

Most plan sheets will be at 1” = 20’ scale. We
anticipate including a few plan sheets that will show
overall layouts, and these may be at 1” = 50’ scale. In addition, it may be necessary for us to include a few
detailed plans, at a larger scale such as 1” = 10’. The -11-

City of Bellflower
Simms Park Stormwater Capture Project, Bellflower, CA – Final Design 6 January 14, 2022
hydraulic profile of the system will be shown where
applicable on the 60% plans.

Our team has estimated that approximately 60 sheets
will be developed for the final deliverable, in AutoCAD format.
60% Plans
For the 60% design submittal, the project team will
develop plans to the 60% level overall. Approximately
90% of the final design drawings will be developed to
some degree and many will be nearly complete
including landscape, electrical, and mechanical
plans. All elements shown and checked within
disciplines. All specification sections will be drafted in accordance with the City’s requirements and checked
by the discipline lead checker. 30% City review
comments agreed upon will be incorporated. The
preliminary bid schedule will be prepared and
submitted with the updated plans and specifications.

Prior to submission, an internal QA/QC review will be
conducted.

Four (4) 11”x17” hard copy sets and digital electronic
files of 60% plans, specifications, and cost estimate
will be submitted.

A 60% Design Workshop will be convened at a
location to be named by the City, with the availability of teleconferencing the supporting design team,
approximately two (2) weeks following receipt of the
60% Design Submittal. A review and comment matrix
will be compiled, as described above.
90% Plans
For the 90% design submittal, the team will develop
plans with all elements shown and checked within
disciplines. All specification sections will be drafted and checked by the discipline lead checker. 60% City
review comments agreed upon will be incorporated.

Prior to submission, an internal QA/QC review will be
conducted.

Four (4) 11”x17” hard copy sets and digital electronic
files of 90% plans, specifications, and cost estimate
will be submitted.

A 90% Design Workshop will be convened at a
location to be named by the City, with the availability of teleconferencing the supporting design team,
approximately two (2) weeks following receipt of the
90% Design Submittal. A review and comment matrix
will be compiled, as described above.
100% Plans
Upon completion of the City review for the 90%
design submittal, we will incorporate all agreed upon
comments into the 100% final design plans. Prior to
submission, an internal QA/QC review will be
conducted.

One (1) final full-size 24”x36” hard copy and digital
electronic files of 100% plans, specifications, and cost estimate will be submitted. The 100% submittal is the
final plan set deliverable an no additional rounds of
comments are anticipated.

Task 5 Deliverables
• 30% PS&E
• 60% PS&E
• Response Matrix to 30% Comments
• 90% PS&E
• Response Matrix to 60% Comments
• 100% PS&E
• Response Matrix to 90% Comments
Task 6. Environmental Documentation
(CEQA) and Permitting Support
The Craftwater team will prepare all documentation
and studies requisite to the completion of the CEQA
efforts. In addition to the CEQA Environmental
Documentation, we will prepare applications for
needed permits as outlined below.

CEQA Environmental Documentation
Project Initiation & Project Description
Our team will prepare a comprehensive project
description for use in the environmental impact review
and anticipated mitigated negative declaration
(MND). We will work with the City to establish a
detailed description of all construction and
operational components of the proposed project in
order to verify that all necessary CEQA analyses can
be undertaken based on realistic and defensible
assumptions. The deliverable will include a
description of the project location and environmental
setting; a description of the existing site conditions
and land use designations; and a description of the
proposed construction and operational elements of
the project. The project description will also include a statement of the proposed project’s purpose and
objectives, project phasing, responsible and
interested agencies, and a list of required permits and approvals. Included within the project description will be figures to depict the regional and vicinity locations, -12-

City of Bellflower
Simms Park Stormwater Capture Project, Bellflower, CA – Final Design 7 January 14, 2022
site plans, and other illustrations to assist the reader in understanding the proposed project. We assume
that once finalized, the project description will remain stable and therefore allow for technical analyses to be initiated.

Technical Analyses
Using the finalized Project Description, our team will
conduct the following technical analyses to support
the MND. Results of the technical analyses will be
included directly within the MND, with supporting
documentation included in appendices.

Air Quality Assessment
Our team will estimate air pollutant emissions for an
assessment of air quality impacts associated with
construction of the proposed project against the
significance thresholds in Appendix G of the State
CEQA Guidelines and the South Coast Air Quality
Management District (SCAQMD) emissions-based
thresholds. The assessment will include a brief
discussion of criteria air pollutants and the attainment status of the South Coast Air Basin. We will identify
federal, state, and local regulatory agencies
responsible for air quality management; summarize
applicable federal, state, and local air quality policies, regulations, and standards.

We will estimate emissions associated with the
construction phase of the project using the California
Emissions Estimator Model (CalEEMod). The
analysis of short-term construction emissions will be
based on scheduling information (e.g., overall
construction duration, phasing, and phase timing) and
probable construction activities (e.g., construction
equipment type and quantity, workers, and trucks).

CalEEMod will also be used to estimate area mobile
sources (e.g., maintenance vehicles) if identified by
the City. If this information is not available from the City or its representatives, we can use model defaults
or standardized approaches. Our team will then
evaluate the significance of the construction and
operational emissions based on the significance
thresholds established by the SCAQMD. We will also
assess the potential for the project’s construction
activities to cause or contribute to exceedances of
ambient air quality standards at sensitive receptor
using the SCAQMD’s localized significance
thresholds.

Greenhouse Gas Emissions Assessment
The greenhouse gas (GHG) emissions assessment
will include a brief description of global climate
change and a summary of applicable regulatory
measures. Our team will quantify GHG emissions
associated with construction and operation of the
proposed project using CalEEMod and the same
construction and operational scenario, respectively,
utilized in the air quality analysis. Construction GHG
emissions will be amortized per SCAQMD guidance.

In addition, estimated operational GHG emissions will
include electrical generation from operation of the
proposed billboard. CalEEMod default values will be
used if project specifics are not available. Details of the analysis (e.g., annual GHG emission calculations)
will be included in an appendix to the MND.

We will assess the significance of the project with
respect to the Appendix G thresholds; specifically,
whether a project would (a) generate GHG emissions,
either directly or indirectly, that may have a significant impact on the environment and (b) conflict with an
applicable plan, policy or regulation adopted for the
purpose of reducing GHG emissions. The SCAQMD
GHG CEQA Significance Threshold Working Group
has proposed options lead agencies can select from
to screen thresholds of significance for GHG
emissions in residential and commercial projects;
however, no thresholds have been formally adopted.

Options the SCAQMD evaluated include bright-line
screening thresholds of 3,000 metric tons of carbon
dioxide equivalent (MT CO2e) per year for mixed-use
projects. Our budget assumes that a simple emission-
based threshold can be used, such as the 3,000 MT
CO2e per year threshold.

In addition, we will discuss how the project complies
with state regulations; General Plan goals, objectives, and policies that help the City contribute to regional
GHG reduction efforts; and applicable development
standards that would increase energy efficiency, such
as the California Building Code. Our team will also
provide a qualitative post-2020 analysis that will
evaluate whether or not the project-generated GHG
emissions would impede the attainment of the 2030
and 2050 reduction goals identified in Senate Bill 32
and Executive Order S- 3-05, respectively.

Energy Assessment
The Craftwater team will prepare an energy
assessment for the project per the recently updated
Appendix G of the CEQA Guidelines, which asks if
the project would (1) Result in potentially significant environmental impact due to wasteful, inefficient, or
unnecessary consumption of energy resources,
during project construction or operation, and (2)
Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency. We will
assess construction and operational energy
consumption, which will be quantified to the extent
estimation methods and project-specifics are
-13-

City of Bellflower
Simms Park Stormwater Capture Project, Bellflower, CA – Final Design 8 January 14, 2022
available. Petroleum consumption will be estimated
using CalEEMod or the EMFAC Motor Vehicle
Emission Source Inventory Model and based on the
same equipment and vehicle assumptions assumed
in the air quality and GHG emissions analysis. Project
operational energy consumption will be discussed
qualitatively. Project elements that would reduce the
project’s energy demand will be identified in the
analysis as available. We assume the City will provide
a list of the project’s energy conservation measures
prior to initiating air quality and GHG emissions
modeling, as the energy analysis will be prepared
consistent with the emissions modeling assumptions.

Biological Resources
The Craftwater team understands that the proposed
project site consists of previously developed areas.

We will review available relevant literature and data
on special-status habitats, species, and aquatic
resources to determine those that occur or have the
potential for occurrence in the study area (project site and a 100-foot buffer). Appropriate and available
biological documentation, surveys, published
research and maps will be compiled, reviewed, and
analyzed. Following the literature review, a team
biologist will conduct a general survey of the study
area to identify existing biological resources and
potential biological constraints. During the field
survey, a general inventory of plant and wildlife
species detected will be compiled, as well as a
determination of potential sensitive species that could occur within the study area.

The results of the general biological resources
assessment will be summarized within the biological
resources section of the MND, with no standalone
report prepared. The Biological Resources section
will include an assessment of the relative importance
of the biological resources present on-site (if any) and the potential for various special-status species to
occur in the study area. The section will include an
impacts analysis based on the project design and an
assessment of the significance of the impacts, and if
applicable prescribe feasible mitigation measures.

This proposal assumes no focused/protocol level
surveys for special-status plant and wildlife will be
required, and a formal jurisdictional delineation of
wetland or jurisdictional water resources will not be
needed.

Cultural and Paleontological Resources
Our team will request a cultural records search of the
project and a ½-mile buffer from the South Central
Coastal Information Center (SCCIC) at Cal State
Fullerton. Our proposed budget includes estimated
direct costs for SCCIC’s records search fee, which is
not anticipated to exceed $1,000; this is a
conservative estimate, but the cost may exceed this
assumption if more records than expected are
generated by the search, and our team does not have
direct control over the records search. We will request a Sacred Lands File Search from the Native American
Heritage Commission (NAHC) and review the results
for incorporation into the MND. Upon approval by the
City, we will submit letters to local tribes soliciting information on the project site for further
consideration of potential impacts. This outreach is in addition to the government-to-government outreach
required of the City pursuant to Assembly Bill 52 (AB
52), which is described below in the following task.

Following archival research and NAHC/Tribal
outreach, we will summarize the results of the
research and assess the potential for the project to
result in impacts on cultural resources, which will be
detailed in the MND analysis section. We assume no
standalone report will be prepared.

Our team will complete a paleontological records
search at the Natural History Museum of Los Angeles
County to determine the location of any previously
recorded fossil discoveries. The records search will
also provide information necessary to develop
paleontological sensitivity determinations for the
project area. We anticipate the direct costs for the
records search will not exceed $500. Following
archival research, we will summarize the results of the research and assess the potential for the project to
result in impacts on cultural resources, which will be
detailed in the MND analysis section. We assume no
standalone report will be prepared.

Noise and Vibration
The Simms Park Regional Stormwater Capture
project is located near residences and other sensitive
uses that could be affected by noise and vibration
from project-related construction activities, and on-
going operational noise generated by project
mechanical equipment. We will conduct a noise study
of potential impacts to nearby noise-sensitive land
uses. We assume no field measurements to capture
existing conditions will be performed. Potential
construction noise impacts at nearby noise-sensitive
land uses will be evaluated based on an equipment
inventory and construction schedule, or using
construction activity information based on similar
projects, and employing the Federal Highway
Administration’s roadway construction noise model
(RCNM). Construction-related vibration will be
evaluated using guidance and methodologies
recommended by the Federal Transit Administration
(FTA) or Caltrans. Our team will research sound level
-14-

City of Bellflower
Simms Park Stormwater Capture Project, Bellflower, CA – Final Design 9 January 14, 2022
data for proposed equipment associated with project
operation and will quantify noise levels from
equipment operation at the closet receptors. The
predicted sound levels will be compared against City
noise regulations.

The significance of noise and vibration impacts will be assessed based on relevant City, state, and federal
thresholds. If significant noise impacts are identified, mitigation measures to reduce impacts to a less-than
significant level (where feasible) will be
recommended. The results of the noise analysis,
findings of potential effects, and mitigation measures
will be contained in the draft noise section of the
environmental document. Field measurement data
and construction noise modeling data will be provided
in a technical appendix suitable for inclusion in the
CEQA document.

Hazards and Hazardous Materials
Our team hazardous materials specialists will conduct
a web-based hazardous materials database search
for the proposed project area. We assume we will not
need to conduct an external EDR database search,
which is typically associated with formal Phase I
Environmental Site Assessments for property
transfers, and that meaningful analysis for CEQA
purposes can be performed via web tools available.

The hazardous materials assessment will include
evaluation of potential impacts due to current or past
hazardous materials/waste storage and/or use and
identification of potential environmental concerns.

Potential impacts due to current or past hazardous
materials storage or use will be evaluated through
review of the following:
• Federal, state, and local regulatory agency
records per Government Code Section 65962.5
for sites within and adjacent to the proposed
project site, including the Regional Water Quality
Control Board’s GeoTracker website, the
Department of Toxic Substances Control’s
EnviroStor website, and California Environmental
Protection Agency’s Regulated Site Portal
• Available online records from the Certified Unified
Program Agency
• Historical aerial photographs and topographic
maps
• National Pipeline Mapping System for hazardous
material pipelines
• California Geologic Energy Management Division
database
• Online databases for nearby existing and
proposed schools
• California Department of Forestry and Fire
Protection database for fire hazard zones
The findings will be summarized in a hazardous
materials assessment memo. If the findings indicate
potential impacts related to hazardous materials
and/or wastes, or other potential CEQA-related
hazards, recommendations may include further work
related to additional investigation, sampling,
mitigation, human health risk analyses, and/or
construction contingency measures. This work will be
overseen by an Environmental Professional as
defined in Section 312.10 of 40 Code of Federal
Regulations 312.

CEQA Documentation
Assembly Bill 52 Tribal Outreach Assistance
Prior to preparation of the Draft MND, our cultural
resources specialists will assist the City with Native
American tribal outreach required on CEQA projects
pursuant to AB 52. Consultation pursuant to AB 52 is
intended as a government-to-government process
and not handled by consultants, but our team will draft outreach letters and provide support to City staff for
their consultation. Upon receipt of the NAHC tribal
contact list referenced in Task 2.3, we will draft a letter to the tribal contacts that identifies the project
location, summarizes the project, and inquires about
the contacts’ interest in consulting with the City
pursuant to AB 52. The City will print the letters on
City letterhead and handle mailing/transmittal. Our
team will compile responses to the letters received by
the City and coordinate with the City regarding follow- up consultation needs, if necessary, including writing
text for additional response letters or emails, and
advising on the City’s approach to consultation
activities. Based on recent experience with nearby
local projects, we assume AB 52 outreach will garner
interest and potentially a request for formal
consultation from the Gabrieleño Band of Mission
Indians. AB 52 consultation must be conducted by the
project’s lead agency rather than its consultants, so
we assume that we will not need for direct attendance
at any meetings with tribal representatives as part of
the AB 52 process.

Draft MND
The Craftwater team will prepare an administrative
draft MND using the latest version of the City’s
approved Initial Study template, which incorporates
the newest Appendix G thresholds from the 2020
CEQA Guidelines. The Initial Study Checklist will also
integrate all applicable City CEQA guidelines
thresholds. The results of the technical analyses
completed under Task 2, will be incorporated into the
-15-

City of Bellflower
Simms Park Stormwater Capture Project, Bellflower, CA – Final Design 10 January 14, 2022
administrative draft MND. Additionally, for all other
environmental topics included in the administrative
draft MND, we will prepare qualitative analyses.

General approaches for some of the topics not
addressed in the technical studies are as follows:

Aesthetics: Our team will complete a qualitative
aesthetics analysis for the project. The project is not located within proximity of a scenic highway, and
would primarily be developed underground and in a
suburban area. As such, we will qualitatively discuss
project impacts associated with changes in visual
character.

Geology and Soils: Using the geotechnical
investigation report, we will include an analysis of the project’s potential to affect, and be affected by,
geological conditions at, and in the vicinity of, the
project site.

Hydrology and Water Quality: Using the preliminary
hydrology study, we will include an analysis of the
project’s potential to affect, and be affected by,
geological conditions at, and in the vicinity of, the
project site.

Land Use and Planning: An evaluation of the project’s
consistency with the City’s General Plan and the
City’s zoning code, will be included within this section of the MND.

Public Services: This section will include an
evaluation of the project’s potential impacts to public services, including police, fire, schools, parks and
other public services such as libraries.

Transportation: This section will include a qualitative assessment of the project’s impact on the local
circulation system. The proposed project is not
anticipated to generate trips from permanent
operations as it would not result in any new
employees. Therefore, based on the low trip
generation of the project (i.e., less than 110 daily
trips), the project would screen out from further
vehicle miles traveled (VMT) analysis and the
project’s VMT impacts may be presumed to be less
than significant.

Tribal Cultural Resources: This section will discuss
the results of AB 52 consultation, as discussed
above.

Utilities and Service Systems: This section will
incorporate utilities information to verify there will be no significant conflict during construction.

For purposes of this analysis, we assume that all
impacts will either be less than significant or can be
mitigated to a less than significant level, thus
confirming that the appropriate CEQA-compliant
document is an MND.

Our team will submit an electronic draft of the
administrative draft MND for review and comment.

This scope of work and cost estimate assumes that
the City will complete one comprehensive round of
review and comment on the administrative draft MND.

Upon receipt of a consolidated set of review
comments from the City, we will revise the
administrative draft MND and resubmit a screencheck
draft MND for review by City staff.

Upon receipt of a consolidated set of review
comments on the screencheck draft MND, our team
will revise the MND and provide the City with a print-
check draft for final review. This scope of work and
cost estimate assumes that minimal comments will be
received by the City during the print-check review.

Upon sign-off by the City to release the Draft MND for
public review, we will prepare and provide the City
with a public review draft of the MND in both Microsoft Word (.doc) and Adobe Acrobat (.pdf) formats.

Our team will prepare and assist the City with
circulation of a Notice of Intent for the Public Draft
MND. We will transmit the Public Draft MND to the
State Clearinghouse. For cost estimating purposes,
we assume mailing up to 250 copies of the NOI to
agencies and interested parties identified on the City- provided distribution list. This scope and cost also
assume that we will post the NOI with the Los Angeles
County Clerk. We assume the City will not require our
attendance at any public hearing or meeting during
the 30-day circulation period for the Public Draft MND.

Final MND
Upon completion of the public review period for the
MND, our team will compile and review comment
letters and prepare draft responses to comments. For
cost estimating purposes, we assume that no more
than 20 substantive comments will be received and
require technical input to prepare and provide
responses to these comments. Our team will revise
the Draft MND if needed for clarification of information based on the public review period and prepare a Final
MND including the revisions and the responses to
comments. We assume no additional technical
analysis will be required for clarifications in the Final MND, and that no figure revisions will be needed.

Our team will provide the Final MND to the City in
electronic format and include a Mitigation Monitoring
and Reporting Program. This scope and cost
estimate assumes one round of review, comment,
and revision in response to comments from City staff.

Upon completion of the Final MND, a print-ready PDF
-16-

City of Bellflower
Simms Park Stormwater Capture Project, Bellflower, CA – Final Design 11 January 14, 2022
of the document will be provided to the City for use
during project approval hearings. We assume the City
will not require attendance by our team at any public
hearings associated with adoption of the MND.

Following Final MND adoption and project approval,
we will prepare and post with the State Clearinghouse
and Los Angeles County Clerk a Notice of
Determination.

Meetings and Project Management
Assuming the scope of work is in accordance with
City staff expectations, we have assumed an
approximately 6-month schedule for the CEQA
documentation. Should the CEQA project schedule
extend beyond six months, additional project
management budget will be necessary. In addition to
the project initiation meeting outlined in Task 1, our
team will participate in up to three (3) MND
adoption/project approval hearings with the City.

LACFCD Permit
Craftwater will coordinate with the City to assist with the LACFCD Permit for the diversion structure. We
will prepare the application with input from the City.

The LACFCD Permit application fee with the County
is included in this cost proposal. We have budgeted
an allocation of $10,000 for the LACFCD Permit
application and for Los Angeles County Department
of Public Works staff reviews. Costs in excess of
these fees will require additional budget from the City of Bellflower.

Building & Electrical Permits
Our team will assist in the acquisition of construction- related permits including the Electrical Service Permit and the City of Bellflower Building and Safety Permit.

Regulatory Permits
Craftwater will coordinate with the City to prepare the regulatory permit application with the Regional Water
Quality Control Board. Because the diversion occurs
within an underground pipe, it is assumed that a
permit with the US Army Corp of Engineers and the
CA Department of Fish and Wildlife will not be
required.

Stormwater Pollution Prevention Plan
The Craftwater team will prepare a Stormwater
Pollution Prevention Plan (SWPPP) for the project to
meet the requirements of the State Water Resources
Control Board (SWRCB) for compliance with the
construction general permit. The SWPPP will be
prepared under the direct supervision of a Qualified
Stormwater Developer (QSD). The SWPPP will be
submitted at the Draft and Final completion levels for
City review and concurrence. We will provide one (1)
amendment to include the Qualified Stormwater
Practitioner’s (QSP) and Contractor’s contact
information. Our team will assist the City with the filing of the Notice of Intent (NOI) to the SWRCB.

Task 6 Deliverables
• Draft and Final IS/MND
• Notice of Intent (NOI)
• Notice of Completion (NOC)
• Notice of Determination (NOD)
• Mitigation Monitoring and Reporting Program
(MMRP)
• LACFCD Permit Application
• Electrical Service Connection Permit
• Simms Park SW BMP Project SWPPP
Task 7. Public Outreach
Community engagement for this project will build on
the foundation of support for the project generated in
previous phases, inform the community about the
project process, goals, and progress, and solicit input to inform the project design. The Outreach
requirements will be consistent with the Regional
Project Transfer Agreement between the City of
Bellflower and the Los Angeles County Flood Control
District.

The outreach efforts will include extending the widest
reach to community members and stakeholders to
ensure meaningful engagement in the process.

Outreach materials, communication, and input
engagement activities will be designed to reach the
following audiences.
• Area residents (Nearby residents, residents’
and homeowners’ associations)
• Youth (Sports, service, Scouting, faith
groups)
• Community groups and organizations
(environmental groups, sports/activity clubs)
• Business (business leaders, chambers)
• Leaders (Boards, commissions, elected
officials, tribes)
The community engagement team will work with the
project management team to confirm the target
audiences.

Communication Materials
-17-

City of Bellflower
Simms Park Stormwater Capture Project, Bellflower, CA – Final Design 12 January 14, 2022
To ensure reaching out to the community and all
stakeholders, information and communications
materials will be designed for print and adapted to
digital formats for disseminating across diverse
outlets. Materials include the following:
• Project Factsheet – Project background
including objectives, description, graphic
timeline, and opportunities for community
input.
• Flyers – Dates, times, location, and purpose
of upcoming meeting. One will be developed
for each meeting.
• Social Media Posts – Short messages
announcing meetings for posting on City
social media platforms. These will be
coordinated with the City.
• Public Works Web Portal – Short messages
announcing upcoming meetings and
milestones.

Outreach and Noticing
The community engagement effort will include a
variety of tools to ensure we reach audiences widely.

The outreach team will use the materials listed above
to communicate the project information. The team will
share these materials with the community groups to
get the word out about the importance of the project
and the opportunities for the community to provide
input into the project design. The team will use
existing Public Works public notice protocols to inform the community about upcoming meetings and
opportunities for public involvement. This will include posting on the City’s website and social media
platforms and placing hard copies at public facilities.

The team will use an email blast platform to share
meeting notices, provide monthly updates, and
present other project information with community
members and stakeholders. The team will use
contact information from the earlier project efforts and add participant contact information from each
meeting.

Meetings
The primary method for gathering community input
will be the community meetings. We will design
interactive methods to engage the community in the
process and ensure we collect input in each phase of
the process. The team will develop an approach for
each workshop following a team strategy session to
confirm the objectives. Each workshop will include the
following.
• Graphically rich exhibits and materials to
ensure the information is accessible to all.
• Interactive exercises and tools to facilitate
meaningful input that informs the project.
• Presentations demonstrating feedback loops
in each phase of the process to ensure
community members know they are being
heard and how their input is being used.

The goals and purposes for each community meeting
are described below.

The format for each community meeting will be
designed based on the venue, information being
presented, and to accommodate different
participation styles. This could include a general
presentation followed by an open forum for
community members to ask questions and provide
feedback. Other methods can include a presentation
to the entire group with facilitated discussion in a
small group setting. This provides a forum for
members of the community to share ideas in a more
intimate setting. The format will be confirmed in
collaboration with the project team. We will design
facilitation tools to ensue community feedback is
collected in numerous ways. This can range from
comment cards that form participants to provide
written comments to digital platforms that can be used
from smartphones.

The team will work with the project team to identify a
venue that is accessible to the community. This could
include a public facility that the community is familiar with, such as a community center or City Hall.

Meetings can also be planned at a venue near the
project site.

Community Meeting #1
Inform the community about the project including
objectives, grant funding parameters, existing
conditions, constraints and opportunities, schedule,
and opportunities for community input. The
preliminary concept will be presented to the
community and the project team will review the major
design components. An interactive facilitated
discussion will include opportunities for the
community to ask questions about the project and
gather input on the proposed design concept.

Community Meeting #2
Provide an overview of input provided to date and
how the community response was incorporated into
the refined design. The project team will also present
a summary of agency consultation and technical
analysis and how this informed the project design.

The community will participate in an interactive
facilitated activity to provide feedback to inform 60%
design concept.
-18-

City of Bellflower
Simms Park Stormwater Capture Project, Bellflower, CA – Final Design 13 January 14, 2022
Community Meeting #3
Inform the community about the refinements to the
project design. The project team will also review
project next steps including construction schedule. A
facilitated discussion will be designed to elicit input on the 90% design. Although the pre-construction phase
will occur in a process separate from this phase, the
meeting will also include an opportunity to listen to the community to share concerns and questions
regarding the construction phase. The team will
collaborate closely with the project management
team to develop meeting materials that effectively
communicate the objectives for each meeting. For
each meeting, we will prepare meeting agendas, sign
in sheets, wayfinding, signage, and handouts tailored
to each meeting. We will also design exhibits and
displays that present the project design components
and supporting technical information. These could
include site plan, conceptual diagrams, charts, photo
simulations, and infographics. This information can
also be presented in digital formats such as
PowerPoint, video, and other platforms. We will
document the input and comments provided during
each meeting and translate into a meeting summary.

Briefings and Presentations
The team will support the project team with ensuring
city leadership and decisionmakers, community
groups and organizations stay informed about the
project. Relevant project materials will be curated to
brief elected officials and commissions. These
briefings will be one-on-one with City Council
members and their staff. Presentations will be made
to the appropriate city commissions. These briefings
and presentations will include project status updates
including summary of community concerns, areas of
support, review of design concepts, and schedule.

Presentations will also be made to the Los Cerritos
Channel Watershed Management Group and other
community groups as determined by the project team.

The team will develop agendas, presentation
materials, speaking points, and other project
handouts. A summary memo documenting feedback
collected will be prepared following the briefings.

Task 7 Deliverables
• Project Fact Sheet
• Flyers
• Social Media Posts
• Public Works Web Portal
• Meeting agendas, presentations, and summaries

Task 8. Operation, Maintenance, and Monitoring
Operations and Maintenance Plan
This task consists of the development of an Operation
and Maintenance (O&M) Plan for the Simms Park
Stormwater Capture Project. The O&M Plan will
include the operational procedures, available
equipment manufacturer data sheets, sensor
calibration data, commissioning information, and
system diagrams, as part of the O&M Plan. The plan
will be a comprehensive plan that will incorporate the
pump station, diversion structure, storage chambers,
and filtration. The O&M Plan will address the
requirements specified in the Safe, Clean Water
Program Funding agreement.

Post-Construction Monitoring Plan
A post-construction Monitoring Plan will be developed
to evaluate the effectiveness of stormwater treatment
facilities and include project quality objectives;
sampling design; sampling procedures; quality
control (but not to the level of a QAPP); data
management, verification, and reporting; data quality
assessment; and data analysis procedures. The plan
will provide the sampling approach for the Caruthers
Park Blvd Stormwater Capture Facility. The plan will
identify the water quality parameters to be measured
and sampling locations to assess the performance of
the stormwater facility. The sampling locations will
focus on the quality of dry weather urban runoff and
stormwater at each of the diversion systems. The
monitoring plan will address the requirements
specified in the Safe, Clean Water Program Funding
agreement.

Task 8 Deliverables
• Draft and Final Operations and Maintenance Plan
• Draft and Final Monitoring Plan

Task 9. Bid and Award
Craftwater will assist in the bidding process for the
project. Below outlines the anticipated tasks to be
completed as a part of this effort.

Pre-bid Meeting/Job Walk
We will attend the pre-bid meeting and job walk to be
held with interested bidders upon bid opening. During
the meeting, we will take notes and prepare the
meeting minutes. We will address and answer
questions during the meeting as required.
-19-

City of Bellflower
Simms Park Stormwater Capture Project, Bellflower, CA – Final Design 14 January 14, 2022
Bid Evaluation
The Craftwater team will review the three (3) lowest
bidders to verify that the bidder has satisfied all bid requirements and provide an award recommendation
to the City.

RFIs
Through the course of the bidding process, our team
will stand prepared to provide response for any
requests for information from prospective contractors.

We will prepare written response that will be provided
to the City for distribution within two (2) working days.

Task 9 Deliverables
• RFIs written response
Task 10. Safe, Clean Water Program Reporting
Participation in the Safe Clean Water Program
requires periodic reporting as further detailed in the
Regional Transfer Agreement. The Craftwater team
will prepare and submit the materials indicated below
to ensure compliance with the terms of the
Agreement.

Quarterly Progress/Expenditure Reports
Participation in the Safe Clean Water Program
requires Quarterly Progress/Expenditure Reports.

We will prepare the reports using a format provided
by the SCW program and submit to the City for review
and comment before submitting to the Program. The
calendar year will be divided up into quarters with the end of the quarter months being March, June,
September, and December. Reports will be submitted
no more than 45 days following the end of each
quarter and include items specified in B-33 of the
Regional Transfer Agreement.

Summary of Quarterly
Progress/Expenditure Reports
Additionally, we will prepare an annual summary of
the Quarterly Progress/Expenditure Reports for
submission to the Watershed Area Steering
Committee. This summary report will be submitted no
more than six months after the close of the fourth
quarter and include the items specified in the
Regional Transfer Agreement.

Miscellaneous Supporting Materials
We will provide necessary materials that the SCW
Program requests that can assist with their evaluation
of the project or to fulfill any additional reporting
requirements of the County, State, or Federal
government.

Task 10 Deliverables
• Quarterly Progress/Expenditure Reports (10
total)
• Yearly Summary Progress/Expenditure Reports
(3 total)

-20-

1 Natalie Rivera
From:Merrill Taylor
Sent:Wednesday, October 5, 2022 1:57 PM
To:Bernardo Iniguez; Natalie Rivera
Cc:Oliver Galang
Subject:Simms Park - Senior/Youth Center CEQA
Hi Bernie and Natalie,

Alex with Dudek has had a chance to review the documents from NCA Studio and Duane and has provided a fee and scope to incorporate the Senior/Youth Center into the CEQA documents being done for the stormwater capture effort (already included in the scope and fee). The new scope language and needed fee to incorporate the center is below.

Please let me know if you would like me to draft a formal change order to add this effort into the project. Thanks so much and have a great day!

Teen and Senior Center CEQA Review
Dudek will incorporate the Teen and Senior Center project into the environmental impact review and CEQA documentation described above. This will include additional technical modeling of air pollutant and GHG emissions, energy consumption, and noise generation. Additional impact review will be required for aesthetics impacts of the permanent structure, as well as an expansion of the impact footprint assessed for other impact categories. For aesthetics, Dudek assumes the City’s architect will provide drawings and renderings, and that no visual simulations will be part of our scope of work. This task also includes an assessment of the municipal building proposed for demolition for consideration of potential historic resources as required by CEQA. Results of all impact analysis will be incorporated into the MND sections; no standalone reports will be prepared.

FEE = $40,375

Merrill Taylor, PE | Senior Project Manager
P: 801.380.6498 | [email protected]
Los Angeles | San Diego | craftwaterinc.com

-21-

CITY OF BELLFLOWER
AGREEMENT FILE NO. 923 - EXHIBIT B

FEE SCHEDULE
Payment to CONSULTANT for the services described in Exhibit A will be in accordance with CONSULTANT’s Price Proposal, attached hereto as Exhibits B1.

The total amount payable to CONSULTANT will be as follows:

Simms Park Stormwater Capture Project

Task 1. Project Management, Coordination, and Meeting: ..................................$94,762

Task 2. Site Investigation and Utility Research:....................................................$74,500

Task 3. Geotechnical Investigation: .....................................................................$30,275

Task 4. Stormwater Capture Strategy Updates:...................................................$55,696

Task 5. Design Plans, Specifications, and Estimates:........................................$781,286

Task 6. Environmental Documentation (CEQA) and Permitting Support:...........$156,608

Task 7. Public Engagement: ................................................................................$49,684

Task 8. Operation, Maintenance, and Monitoring:................................................$23,265

Task 9. Bid and Award Assistance: ......................................................................$20,478

Task 10. Safe, Clean Water Program Support:.....................................................$25,157

Task 11. Additional Services as Determined by Director of Public Works……....$88,289

Subtotal Simms Park Stormwater Capture Project………………………….$1,400,000

Youth and Senior Center Project

Task 12. Youth and Senior Center Environmental/CEQA Review……………….$40,375

Total Not-to-Exceed Amount.........................................................................$1,440,375

-22-

ODCs
PrincipalQuality CoordinatorProject ManagerSenior EngineerAssociate EngineerJunior EngineerTotal Labor
Hours
Total Labor
Effort
Total
ODCs
Subcontracts (Tetra Tech)Subcontracts (Dudek)Subcontracts (Sustainable Landesign)Total SubconsultantsTOTAL EFFORT277.00 256.00 226.00 210.00 174.00 138.00 Task 1. Project Management, Coordination, and Meetings
Task 1.1. Project Schedule 2 8 2 12 2,710 - - - - 2,710 Task 1.2. Project Coordination 12 40 40 20 10 122 25,624 - - - - 25,624 Task 1.3. Project Meetings 12 18 40 40 22 16 148 31,408 - - 7,722 7,722 39,130 Task 1.4. Project Administration 4 12 48 36 100 21,292 - - 6,006 6,006 27,298 SUBTOTAL Task 1. Project Management, Coordination, and Meetings 30 30 136 80 80 26 382 81,034 - - - 13,728 13,728 94,762 Task 2. Site Investigation and Utility Research
Task 2.1. Field Investigation 4 4 4 4 16 3,260 - - - - 3,260 Task 2.2. Records Research 1 2 4 20 27 4,185 - - - - 4,185 Task 2.3. Utility Research 2 8 12 22 3,500 - - - - 3,500 Task 2.4. Potholing 2 10 12 2,192 30,000 - - - - 32,192 Task 2.5. Topographic Survey and Utility Mapping 1 2 12 24 39 6,129 25,234 - - 25,234 31,363 SUBTOTAL Task 2. Site Investigation and Utility Research 6 - 12 - 38 60 116 19,266 - 25,234 - - 25,234 74,500 Task 3. Geotechnical Investigation
Task 3.1. Geotechnical Investigation 2 4 8 14 2,850 27,425 - - 27,425 30,275 SUBTOTAL Task 3. Geotechnical Investigation 2 - 4 - 8 - 14 2,850 - 27,425 - - 27,425 30,275 Task 4. Stormwater Capture Strategy Updates
Task 4.1. Hydrologic and Hydraulic Analyses 2 4 4 24 40 100 174 28,282 - - - - 28,282 Task 4.2. Water Quality Analysis and Optimization 1 1 4 10 24 60 100 15,993 - - - - 15,993 Task 4.3. Water Conservation Analysis 1 1 4 8 16 40 70 11,421 - - - - 11,421 SUBTOTAL Task 4. Stormwater Capture Strategy Updates 4 6 12 42 80 200 344 55,696 - - - - - 55,696 Task 5. Design Plans, Specifications, and Estimates
Task 5.1. 30% Plans 8 40 80 120 240 360 848 147,176 36,960 - 8,019 44,979 192,155 Task 5.2. 60% Plans 4 20 40 100 160 270 594 101,368 164,912 - 29,777 194,689 296,057 Task 5.3. 90% Plans 2 10 40 80 100 180 412 71,194 100,166 - 19,124 119,290 190,484 Task 5.4 100% Plans 2 4 20 40 80 120 266 44,978 51,920 - 5,693 57,613 102,591 SUBTOTAL Task 5. Design Plans, Specifications, and Estimates 16 74 180 340 580 930 2,120 364,716 - 353,958 - 62,612 416,570 781,286 Task 6. Environmental Documentation (CEQA) and Permitting Support Task 6.1 CEQA Environmental Documentation - - - - - - - Task 6.1.a Project Initiation & Project Description 1 2 4 7 1,693 - 5,430 - 5,430 7,123 Task 6.1.b Technical Analyses - - - - - - - Task 6.1.b.1 Air Quality/Energy/GHG 1 2 3 729 - 10,098 - 10,098 10,827 Task 6.1.b.2 Biological Resources 1 2 3 729 - 4,572 - 4,572 5,301 Task 6.1.b.3 Cultural Resources 1 2 3 729 - 8,531 - 8,531 9,260 Task 6.1.b.4 Noise & Vibration 1 2 3 729 - 6,789 - 6,789 7,518 Task 6.1.b.5 Hazards & Hazardous Materials 1 2 3 729 - 5,775 - 5,775 6,504 Task 6.1.c CEQA Documents - - - - - - - Task 6.1.c.1 AB 52 Tribal Outreach 1 2 3 729 - 3,432 - 3,432 4,161 Task 6.1.c.2 Draft MND 1 2 4 7 1,693 - 29,343 - 29,343 31,036 Task 6.1.c.3 Final MND 1 2 4 7 1,693 5,000 - 9,493 - 9,493 16,186 Task 6.1.d Meetings & Project Management 2 8 10 2,362 - 6,644 - 6,644 9,006 Task 6.2 LACFCD Permit 2 4 8 8 16 38 6,986 10,000 14,300 - - 14,300 31,286 Task 6.3 Building & Electrical Permits 2 2 8 8 20 3,502 200 - - - - 3,702 Task 6.4 Regulatory Permits 2 8 24 34 5,674 2,800 - - - - 8,474 Task 6.5 SWPPP 2 2 30 34 6,226 - - - - 6,226 SUBTOTAL Task 6. Environmental Documentation (CEQA) and Permit 19 10 52 - 46 48 175 34,203 18,000 14,300 90,105 - 104,405 156,608 Task 7. Public Engagement
Task 7.1 Communication Materials 4 2 4 20 30 5,284 - - - - 5,284 Task 7.2 Outreach and Noticing 4 2 10 8 20 44 8,032 - - - - 8,032 Task 7.3 Meetings 8 2 12 12 60 94 15,808 - - - - 15,808 Task 7.4 Briefings and Presentations 8 4 40 60 112 20,560 - - - - 20,560 SUBTOTAL Task 7. Public Engagement 24 10 66 - 20 160 280 49,684 - - - - - 49,684 Task 7. Public Engagement
Task 7.1 Communication Materials 4 2 4 20 30 5,284 - - - - 5,284 Task 7.2 Outreach and Noticing 4 2 10 8 20 44 8,032 - - - - 8,032 Task 7.3 Meetings 8 2 12 12 60 94 15,808 - - - - 15,808 Task 7.4 Briefings and Presentations 8 4 40 60 112 20,560 - - - - 20,560 SUBTOTAL Task 7. Public Engagement 24 10 66 - 20 160 280 49,684 - - - - - 49,684 Task 8. Operation, Maintenance, and Monitoring
Task 8.1 O&M Plan 2 4 12 24 48 90 14,778 - 14,778 Task 8.2 Post-Construction Monitoring Plan 1 2 4 12 35 54 8,487 - 8,487 SUBTOTAL Task 8. Operation, Maintenance, and Monitoring 3 - 6 16 36 83 144 23,265 - - - - - 23,265 Task 9. Bid & Award
Task 8.1 Pre-Bid Meeting/Job Walk 1 2 2 4 9 1,701 - 1,701 Task 8.2 Bid Evaluation 1 4 4 4 13 3,045 - 3,045 Task 8.3 RFIs 4 8 40 10 20 82 15,732 - 15,732 SUBTOTAL Task 9. Bid & Award 2 8 14 46 10 24 104 20,478 - - - - - 20,478 Task 10. SCW Program Support
Task 9.1. Quarterly Progress/Expenditure Reports 1 10 8 20 40 79 13,217 - 13,217 Task 9.2. Annual Summary to WASC 2 4 4 8 16 34 5,898 - 5,898 Task 9.3. As-needed Support 2 4 4 12 12 34 6,042 - 6,042 SUBTOTAL Task 10. SCW Program Support 5 - 18 16 40 68 147 25,157 - - - - - 25,157 GRAND TOTAL (Not-to-Exceed)135 148 566 540 958 1,759 4,106 726,033 48,000 420,917 90,105 76,340 587,363 1,361,396 Billing Rates
FEE PROPOSAL FOR: Simms Park Stormwater Capture Project - Final Design Contract Type: Fixed Price by Deliverable Develop design plans for the stormwater capture project at Simms Park in Bellflower, CA
Task Description
CRAFTWATER ENGINEERING INC TOTAL COST (10% MARKUP)
-23-

Page 1 of 2 ends

TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager

SUBJECT: Consideration and possible action to authorize the City Manager to execute Agreement File No. 281.33, in a form approved by the City Attorney, with Hartzog & Crabill, Inc. (HCI), for retainer City and Traffic Engineer services; grading plan check services; stormwater compliance consultant services; and on-call civil and traffic engineering, design, surveying, and art concept services.

DATE: December 12, 2022

EXECUTIVE SUMMARY

This action would authorize the City Manager to execute Agreement File No. 281.33 with Hartzog & Crabill, Inc. (HCI) for retainer City and Traffic Engineer services; grading plan check services; stormwater compliance consultant services; and on-call civil and traffic engineering, design, surveying, and art concept services. The specific services to be provided by HCI will be defined in individual Task Orders, which will contain the scope of work, payment for services to be provided, and a schedule for completion of the specific services. The Agreement will be for a three-year term.

RECOMMENDATION TO CITY COUNCIL

1) Authorize the City Manager to execute Agreement File No. 281.33, in a form approved by the City Attorney; or

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

FISCAL IMPACT

The City and Traffic Engineer retainer fee will remain at $12,740 per month for a total annual amount of $152,880. The City Manager will have authority to approve individual Task Orders with HCI up to an amount of $60,000. Task Orders with HCI of an amount greater than $60,000 will need City Council approval. Nonproject-specific engineering services, including the monthly retainer fee, will be paid out of Account No. 010-42054-3000; grading plan check services will be paid out of Account No. 600-42054-4120; stormwater consultant services will be paid out of Account No. 010-42054-3105; Safe, Clean Water Program (Measure W) related services will be paid out of Account No. 320-42054-6020; and project-specific services will be paid out of the respective capital project accounts.

17-G
-1-

Staff Report – Agreement File No. 281.33
Hartzog & Crabill, Inc.

December 12, 2022

Page 2 of 2 ends

DISCUSSION

Since 2001, the City has entered into over 30 separate agreements with HCI for various professional services. Currently, the City has four separate agreements with HCI for retainer City and Traffic Engineer services; grading plan check services; stormwater compliance consultant services; and on-call civil and traffic engineering, design, surveying, and art concept services. Rather than continuing with four separate agreements with HCI, the attached “Master Agreement” would allow for all of the services provided by HCI to be administered under one agreement. Since June 2005, HCI has charged a monthly fee of $12,740 for its retainer City and Traffic Engineer services. HCI is proposing to continue this same monthly fee in the new agreement.

In addition to the retainer City and Traffic Engineer, grading plan check, and stormwater consultant services, HCI would continue to provide on-call civil and traffic engineering, design, surveying, and art concept services through individual Task Orders. If on-call services from HCI are requested by Public Works, HCI would then provide a proposal for the requested services for Public Works staff’s review. If Public Works agrees with the proposal, then a Task Order would be generated to define the scope of services and specify the payment for services to be provided. The Task Order would then be executed by the City, at which point HCI would be able to proceed with the specific on-call services.

The Master Agreement would also incorporate project-specific civil and/or traffic engineering services previously approved under Agreement File No. 281.32, which would be superseded by the Master Agreement. The Master Agreement would streamline the process for professional engineering services provided by HCI, which would allow Public Works to complete projects or deliver services in a more timely and efficient manner.

ATTACHMENT

Agreement File No. 281.33 ............................................................................................. 3

-2-

Page 1 of 12 ends

AGREEMENT FILE NO. 281.33

PROFESSIONAL SERVICES AGREEMENT

FOR DESIGN SERVICES

BETWEEN

THE CITY OF BELLFLOWER AND
HARTZOG & CRABILL, INC.

FOR RETAINER CITY AND TRAFFIC ENGINEER SERVICES; GRADING PLAN CHECK SERVICES; STORMWATER COMPLIANCE CONSULTANT SERVICES;

AND ON-CALL CIVIL AND TRAFFIC ENGINEERING, DESIGN, SURVEYING, AND

ART CONCEPT SERVICES

THIS AGREEMENT is entered into this 12th day of December 2022, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”) and HARTZOG & CRABILL, INC, a California Corporation (“CONSULTANT”).

The Parties agree as follows:

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 $242,880 for CONSULTANT’s retainer city and traffic engineer services, grading plan check services, and stormwater compliance consultant services; and not to exceed sum(s) as set forth in duly executed Task Order(s) for CONSULTANT’s on-call services. CITY will pay this sum(s) on the basis of the hourly rates and cost reimbursement rates as specified in the attached Exhibit “B,” which is incorporated herein.

2. SCOPE OF SERVICES.

A. CONSULTANT will perform general engineering services listed in the attached Exhibit “A” which is incorporated by reference.

B. The specific services required of CONSULTANT under this Agreement will consist of the tasks and obligations defined in a Task Order approved by CITY and CONSULTANT, in response to specific project scopes of work and services requested by CITY. Any duly executed and approved Task Order will become a part of this Agreement. The standard form for the Task Order is set forth in Exhibit C.

C. Consulting services required by CITY will be provided on an as-needed basis with CITY determining and advising CONSULTANT as to when specific services are required to be performed or completed by CONSULTANT.
-3-

City of Bellflower
Agreement File No. 281.33

Page 2 of 12 ends

D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all 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 15 days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.

4. PAYMENTS.

A. For CITY to pay CONSULTANT as specified by this Agreement and as set forth in each approved Task Order, 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 “B”), the tasks performed, the percentage of the task completed during the billing period, and the cumulative percentage completed for each task.

B. For services involving the preparation of plans and specifications, payment to CONSULTANT, as provided herein, will not exceed ninety percent (90%) of the total amount for the specific Task Order before completing the plans and specifications. The final 10% will be paid within 45 days after CITY accepts the plans and specifications, as determined by the City Manager.

C. Except as otherwise authorized by CITY’s City Council, the maximum not-to-exceed amount for any individual Task Order will be limited to $60,000.

D. CITY’s City Manager may make payments up to $60,000 for special items of work not included in the project scope of work and services as set forth in the Task Order. Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement. -4-

City of Bellflower
Agreement File No. 281.33

Page 3 of 12 ends

E. CITY will not reimburse CONSULTANT for the following: staff time or overtime for performing secretarial, clerical, or word processing functions; charges for time spent to provide necessary information for CITY audits, billing or budget inquiries; and computer online charges.

F. CITY will reimburse CONSULTANT for actual and necessary ordinary out-of-pocket expenses reasonably incurred by CONSULTANT in performance of the service provided by CONSULTANT. Such reimbursement will be at cost, i.e., without mark-up. Examples are as follows: deposition fees; postage; messenger/process service; and document reproduction.

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 $25,000 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.
-5-

City of Bellflower
Agreement File No. 281.33

Page 4 of 12 ends

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 1, 2022 to October 31, 2025October 31, 2025. The Manager, at CITY’s option, may extend the term twice for not more than a total of five years. Unless otherwise determined by written amendment between the parties, this Agreement will terminate at the end of the Term or as set forth 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 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:

A. Exhibit A: Scope of Services;

B. Exhibit B: Schedule of Hourly Rates; and

C. Exhibit C: Task Order.

-6-

City of Bellflower
Agreement File No. 281.33

Page 5 of 12 ends

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 Identification 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 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, reports 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).

-7-

City of Bellflower
Agreement File No. 281.33

Page 6 of 12 ends

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 document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

17. 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. This Agreement contemplates that CONSULTANT will act both as a design professional (as defined by Civil Code § 2782.8) and for other management services. Accordingly, CONSULTANT agrees to provide indemnification as follows:

A. For design professional services (per Civil Code § 2782.8):

i. CONSULTANT must save harmless, indemnify and defend CITY and all its officers, 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 arising from, pertaining to, or relating to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, or
representatives.

B. For all other services:

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.
-8-

City of Bellflower
Agreement File No. 281.33

Page 7 of 12 ends

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.

C. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

D. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

E. 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 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 it is 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 end 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 Agreement. CITY will have free 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.

-9-

City of Bellflower
Agreement File No. 281.33

Page 8 of 12 ends

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:

Type of Insurance Limits

Commercial general liability: $2,000,000

Professional Liability $1,000,000

Business automobile liability $1,000,000

Workers compensation Statutory requirement

B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Forms. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies 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 will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to 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 three (3) 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:VII.”

-10-

City of Bellflower
Agreement File No. 281.33

Page 9 of 12 ends

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. The amount of the SIR or deductible is subject to the approval of the CITY Attorney and the Finance Director.

CONSULTANT understands and agrees that satisfaction of 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: Gerald J. Stock, Vice President Attention: Len Gorecki, Director of Public Works
17852 E. 17th Street, Suite 101 16600 Civic Center Drive Tustin, CA 92780 Bellflower, CA 90706
(714) 731-9455 (562) 804-1424, ext. 2217
[email protected] [email protected]

-11-

City of Bellflower
Agreement File No. 281.33

Page 10 of 12 ends

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. ☒ 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 Code of Regulations, 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.

28. 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.

29. 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.

30. 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.

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

-12-

City of Bellflower
Agreement File No. 281.33

Page 11 of 12 ends

32. 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 three 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.

33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

34. 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.

35. 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.

36. 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.

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

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

39. 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.

-13-

City of Bellflower
Agreement File No. 281.33

Page 12 of 12 ends

40. 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 financial 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.

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

CITY OF BELLFLOWER HARTZOG & CRABILL, INC.

_________________________________ ____________________________ Jeffrey L. Stewart, City Manager Gerald J. Stock, Vice President

ATTEST:

_________________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

_________________________________
Karl H. Berger, City Attorney
Taxpayer ID No. 33-0575354

-14-

Page 1 of 10 ends

AGREEMENT FILE NO. 281.33

EXHIBIT A – SCOPE OF SERVICES

A. Retainer City And Traffic Engineer Services. CONSULTANT will provide the following services based on a monthly retainer fee:

1. Professional determinations regarding traffic engineering and public works/city engineering services.

2. Counter service including technical assistance to CITY’s Planning Department.

3. Attend meetings of the City Council, Public Safety Commission, and Planning Commission with CITY staff, public officials, community leaders, developers, contractors, and the general public as directed by CITY.

5. Recommend ordinances, policies, or regulations pertaining to related matters as directed by CITY.

6. Provide general engineering consultation in connection with technical issues as traffic congestion, street sign programs, street vacations, and other public works or traffic engineering related issues.

8. Establish working relationships and coordination with other public agencies, county departments, and private utilities involving engineering matters affecting CITY.

9. Represent CITY at monthly meetings such as Gateway Cities COG Public Works Officers and MTA as directed by CITY.

10. Determine when traffic impact analyses are required and review said analyses and related environmental documents and safety evaluations including accident reviews for entire CITY.

11. Provide city and traffic engineering review of conditional use permits, tentative/final tract maps, parcel maps and lot line adjustments described below.

12. Review traffic aspects of environmental impact reports.

13. Review street improvement plans.

14. Perform map checking reviews.

15. Develop, as directed, procedures, forms, and processes relative to the review of submitted developed plans.

-15-

Agreement File No. 281.33
Exhibit A – Scope of Services

Page 2 of 10 ends

16. Develop a prioritized list of traffic improvement recommendations based on specific needs and establish warrants.

17. Maintain regular coordination with CITY’s Director of Public Works and Public Works Manager, and other appropriate staff members on all CITY and traffic- related items.

B. Grading Plan Check Services. CONSULTANT will provide the following professional plan check services:

1. Precise Grading Plan Review

2. Rough Grading Plan Review

3. Utility Plan Review

4. Storm Water Quality Review

CONSULTANT will review grading plans associated with CITY’s Building and Safety plan check review for building and grading permitting. Grading plan check reviews by CONSULTANT will be in accordance to and in compliance with the most recently adopted version of the California Building Codes and CITY’s most recent municipal codes. Review comments for each plan checked project will be placed on standard form submitted to CITY for release to a project applicant. Recommendations for final grading approval will be provided by CONSULTANT to CITY via “Letter of Recommendation for Grading Plan Check Approval” after the documents submitted by the project applicant meets the governing code requirements and industrial standards. CONSULTANT will provide submittal requirements, sheet requirements, design specifications, and conditions of approval requirements. CONSULTANT will provide a 10-day standard turnaround time for first plan check and a 5-day turnaround for subsequent plan checks, unless a special request is initiated by CITY, or by CONSULTANT and approved by CITY, prior to the plan check review.

C. Stormwater Compliance Consultant Services. CITY is subject to various stormwater requirements contained in the Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit and State General Construction and General Industrial Activity Permits (CGP and IGP) issued by the Los Angeles Regional Quality Control Board (RWQCB) and the State Water Resources Control Board (SWRCB), respectively. CITY is also subject to the conditions contained in the Los Cerritos Channel (LCC) and Lower San Gabriel River (LSGR) Watershed Management Programs (WMPs) and Coordinated Integrated Monitoring Programs (CIMPs); and the conditions contained in the Safe, Clean Water Program (Measure W). CONSULTANT will provide the following stormwater compliance consultant services to maintain compliance with the requirements and/or conditions -16-

Agreement File No. 281.33
Exhibit A – Scope of Services

Page 3 of 10 ends

contained in the MS4 NPDES Permit, CGP, IGP, LCC and LSGR WMPs and CIMPs, and Measure W:

1. Minimum Control Measure Compliance.

A. Industrial/Commercial Facilities Program

CONSULTANT will perform the following:

Track Critical Industrial/Commercial Sources
Review CITY databases to determine inventory of industrial/commercial facilities
Track facilities in a watershed-based inventory using an electronic database Track inspection reports and enforcement actions with an electronic database Educate Industrial/Commercial Sources
Notify facility operators of applicable Best Management Practice (BMP) requirements
Develop and implement a Business Assistance Program
Develop educational materials to be distributed to facilities Inspect Critical Industrial/Commercial Sources
Inspect State NPDES Permitted industrial facilities for proper BMP implementation
Inspect commercial/light industrial facilities for proper BMP implementation Inspect eating establishments and nurseries for proper BMP implementation Ensure Compliance (Implement Progressive Enforcement)
Follow-up at non-compliant facilities within 4 weeks
Prepare formal violation notices following CITY's municipal code Manage Program, Implement QA/QC Procedures
Train CITY staff

CONSULTANT will keep track and inform CITY of when the required Industrial/Commercial Facilities Control Program inspections will need to be conducted in order to remain in compliance with the MS4 NPDES Permit and LCC and LSGR WMPs. CONSULTANT will perform the industrial/commercial facility stormwater inspections with the following minimum program elements: (1) tracking, (2) education, (3) inspection; and (4) ensuring compliance with municipal ordinances at industrial and commercial facilities that are critical sources of pollutants in stormwater.

CITY will issue CONSULTANT a separate Task Order for each round of industrial/commercial facility stormwater inspections.

CONSULTANT’s industrial/commercial facility stormwater inspections will include the following components:

-17-

Agreement File No. 281.33
Exhibit A – Scope of Services

Page 4 of 10 ends

1. Information Gathering

CONSULTANT will gather the following information during the inspection of each industrial and commercial facility to assist CITY in updating its watershed-based inventory as required by the RWQCB:

(1) Name of facility
(2) Name of owner/operator and contact information
(3) Address of facility (physical and mailing
(4) North American Industry Classification System (NAICS) code (5) Standard Industrial Classification (SIC) code
(6) A narrative description of the activities performed and/or principal products produced
(7) Status of exposure of materials to storm water
(8) Name of receiving water
(9) Identification of whether the facility is tributary to a CWA § 303(d) listed water body segment or water body segment SUBJECT to a TMDL, where the facility generates pollutants for which the water body segment is impaired. (10) Identify if the facility has an Industrial General Permit (11) Identify if a No Exposure Certification has been files with the State Water Board.

2. Inspections

CONSULTANT will list the number of industrial/commercial facilities subject to a stormwater inspection based on CITY’s most recent business license inventory of industrial/commercial facilities with a SW1, SW2, or SW3 designation. CONSULTANT will ensure industrial/commercial facility stormwater inspections are conducted by qualified stormwater inspectors are required by the MS4 NPDES Permit.

3. Education

CONSULTANT will notify the owner/operator of each of its inventoried commercial and industrial sites of the BMP requirements applicable to the site/source.

CONSULTANT’s inspector will provide the owner with the required BMP information on a City approved handout. More specifically, CONSULTANT’s inspector will distribute stormwater pollution prevention educational materials to operators of auto facilities; restaurants; industrial facilities and mobile business where applicable. This will also meet the requirement of the City to implement a Business Assistance Program to provide technical information to businesses to facilitate their efforts to reduce the discharge of pollutants in stormwater.

4. Schedule

CONSULTANT will provide a schedule for the completion of the required -18-

Agreement File No. 281.33
Exhibit A – Scope of Services

Page 5 of 10 ends

industrial/commercial facility stormwater inspections, including any required reinspection due to violations. CONSULTANT provide CITY with inspection records and enter the inspection information into CITY’s MS4 Front Database.

CITY will provide the username and password for access to the system. For facilities with violations, a reinspection will be completed within 4 weeks of the initial inspection. A notice of compliance/violation will be forwarded to the owner within one week of the inspection notifying them of the violation and informing them of the reinspection.

5. Scope of Industrial/Commercial Facilities Stormwater Inspections

The default priority for a facility is “Medium.” CONSULTANT will be reprioritized facilities as necessary following the results of routine inspections. CITY may also use any readily available information that clarifies potential water quality impacts (e.g., satellite imagery) in order to prioritize a facility before the scheduled inspection. Reprioritization will be conducted during the following round of inspections. During reprioritization, the ratio of low priority to high priority facilities will remain at 3:1 or lower per the requirements of the LCC and LSGR WMPs.

Per the LCC and LSGR WMPs, CITY will inspect high priority facilities annually, medium priority facilities once every 2.5 years, and low priority facilities once every five years. The frequencies may be altered by the exclusions defined in the LCC and LSGR WMPs. CONSULTANT’s inspector will inspect all industrial/commercial facilities to confirm that stormwater and non-stormwater BMPs are being effectively implemented in compliance with CITY’s municipal code, MS4 Permit, and LCC and LSGR WMPs. At each facility, CONSULTANT’s inspectors will verify the operator is implementing effective source control BMPs for each corresponding activity.

After the initial inspection, all industrial facilities that have not filed a “No Exposure Certification” with the SWRCB or RWQCB are subject to a second mandatory compliance inspection at a minimum of 25% of the facilities to verify the continuity of the no exposure status. CONSULTANT will perform these second mandatory inspections.

6. Additional Industrial Facility Inspection Requirements

CONSULTANT’s inspector will confirm that each industrial facility:

A. Has a current Waste Discharge Identification (WDID) number for coverage under the Industrial General Permit, and that a Storm Water Pollution Prevention Plan (SWPPP) is available onsite; or, has applied for, and has received a current No Exposure Certification for facilities subject to this requirement; and

B. Is effectively implementing BMPs in compliance with CITY’s municipal code, MS4 NPDES Permit, or LCC and LSGR WMPs. CONSULTANT will ensure -19-

Agreement File No. 281.33
Exhibit A – Scope of Services

Page 6 of 10 ends

these industrial facilities are implementing required source control BMPs, unless the pollutant generating activity does not occur.

CONSULTANT will also inform the RWQCB and/or SWRCB, within 2 weeks after conducting the inspections, of any industrial facilities subject to coverage under the IGP that do not have evidence of coverage through a current WDID number or a No Exposure Certification.

B. Planning and Land Development Program

CONSULTANT will perform the following:

Program Implementation
Ensure CITY has prepared and adopted LID ordinance
Review LID plans (SUSMPs)
Track projects and BMPs in an electronic database
Track all inspection reports and enforcement actions
Conduct BMP verification inspections
Notify existing SUSMP sites of maintenance requirements Conduct BMP maintenance inspections
Conduct follow-up activities at non-compliant projects
Manage Program, Implement QA/QC Procedures
Train CITY staff

C. Development Construction Program

CONSULTANT will perform the following:

Sites less than one acre: Review erosion control plans and track, inspect, and conduct follow-ups
Inventory Construction sites (~1 acre)
Update monthly the inventory of >l acre construction sites Track site inventory, inspections, and enforcement actions using an electronic database
Review and Approval Construction SWPPPs prior to issuing land disturbance permits
Inspect >acre Construction Sites monthly for proper BMP implementation Ensure Compliance (Implement Progressive Enforcement)
Follow-up at non-compliant facilities within 4 weeks
Prepare formal violation notices following CITY's municipal code Train CITY staff
Train plan reviewers and permitting staff in BMP standards and SWPPP requirements
Train construction site inspection staff in BMP standards and SWPPP requirements -20-

Agreement File No. 281.33
Exhibit A – Scope of Services

Page 7 of 10 ends

Manage Program, Implement QA/QC Procedures

Training sessions will be conducted at a time set by CITY. Training topics will include the key components of the QSP and QSD Programs. Updated and revised training documentation will be available for distribution. Turn-around time for SWPPP review is two weeks. Inspections at State-permitted construction sites will be conducted once a month. Inspections at sites disturbing less than one acre-an enhanced control measure that exceeds minimum requirements-will also be inspected once a month.

Enforcement actions, when necessary, will be issued within one week. Follow-ups will be conducted within the timeframe provided in the enforcement action.

D. Public Agency Activities Program

CONSULTANT will perform the following:

Public Construction Activities (addressed by Development Construction Program) Inventory Public Facilities for 24 categories of public facilities, including pollutants sources
Inventory Existing Development Retrofit Opportunities
Identify and rank candidate retrofit areas using watershed model/screening tools Public Agency Facility and Activity Management
Develop language to require contractors to implement BMPs Landscape, Park. and Recreational Facilities Management Develop Integrated Pest Management Policy
Storm Drain Operation and Maintenance
Prioritize catch basins
Assist with installation of trash capture devices in high priority areas Municipal Employee and contractor Training
Train staff in targeted positions of requirements of Public Agency Activities Program Manage Program, Implement QA/QC Procedures

E. Illicit Discharge Detection and Elimination Program

CONSULTANT will perform the following:

Ensure illicit discharges are investigated and eliminated Develop written procedures for illicit discharge investigation and elimination Investigate illicit discharge complaints and prepare investigation reports Conduct follow-up investigation to verify elimination of detected illicit discharges Public reporting of non-stormwater discharges and spills Develop written procedures for tracking complaints
Document complaints and investigations
Develop Spill Response Plan
Provide illicit connection and illicit discharge education and training -21-

Agreement File No. 281.33
Exhibit A – Scope of Services

Page 8 of 10 ends

Train CITY staff on illicit discharge identification, elimination, clean-up, reporting, and documentation
Manage Program, Implement QA/QC Procedures

F. Public Information and Participation Program

CONSULTANT will perform the following:

Public Participation: Assist in a CITY event to promote public involvement in pollution prevention (as needed)
Develop Residential Outreach Program
Prepare article for City media outlet
Develop educational materials to address vehicle, house, yard, animal, construction wastes
Distribute materials at points of purchase (auto parts, home improvement, pet/feed stores)
Ensure CITY stormwater website contains required educational items Ensure educational materials are provided to school children (primarily addressed by L.A. County program)
Manage Program, Implement QA/QC.

G. Watershed Management/TMDL Programs

CONSULTANT will perform the following:

Bacteria, Metals, and Toxics TMDLs: Provide as-needed assistance with program developments
Watershed Control Measures: Provide as-needed assistance with implementation efforts, such as:

Public LID retrofit projects and green streets projects Nonstructural and institutional watershed control measures Non-stormwater discharge source identification
Trash Amendments compliance
Monitoring is not within the scope of this Agreement as it is currently being provided by the LCC and LSGR watershed consultants
Adaptive Management: Provide as-needed assistance with program developments
Representation: Provided as-needed CITY representation at the LCC and LSGR Watershed Meetings

H. Monitoring and Reporting Program

CONSULTANT will perform the following:

-22-

Agreement File No. 281.33
Exhibit A – Scope of Services

Page 9 of 10 ends

Reporting: Prepare Annual MS4 NPDES Annual Report, including MS4-related TMDL Reporting
Reporting: Prepare Semi-Annual MS4 NPDES Report, including MS4-related TMDL Reporting
Monitoring is not within the scope of this Agreement as it is currently being provided by the LCC and LSGR watershed consultants

Preparation of the Annual Report will include a first draft to meet the mid-September watershed-wide deadline as well as a final draft for City review one month prior to the annual submittal on deadline of December 15.

2. General Stormwater Compliance Consultant Assistance.

CONSULTANT will perform the following:

Represent City at relevant NPDES-related or Measure W-related meetings and update CITY staff.

Provide program updates to CITY staff and elected officials.

Provide assistance with the MS4 Permit renewal process, representing CITY interests in negotiations and communications with the L.A. Regional Water Quality Control Board, State Water Resources Control Board, or U.S. EPA.

Provide assistance with other stormwater-related tasks as requested by CITY staff Assist CITY staff with overall program management for NPDES Permit compliance (including preparation of documents for reports to the County and Regional Water Quality Control Board).

Provide inventory of CITY facilities that are a potential source of stormwater pollution.

Inventory of existing development to identify potential locations with retrofitting opportunities.

Develop BMPs for mitigation of stormwater pollution at CITY facilities.

Evaluate CITY's landscape management program to ensure protocols are in place to properly manage application and storage of pesticides and fertilizers to prevent stormwater pollution.

Assist CITY staff with public education/outreach activities, as requested by CITY.

Conduct employee training sessions for appropriate Maintenance, Engineering, Code Compliance, Building & Safety, and Planning personnel.

Conduct periodic inspection of commercial/industrial facilities (i.e. restaurants, auto related, and industrial businesses) as required by the MS4 NPDES Permit or WMPs. If violations are encountered, provide technical documentation to assist the property owner and City Code Compliance staffs to ensure corrective measures are made.

For development projects, provide plan check services and issue technical approval of Storm Water Pollution Prevention Plans and Low Impact Development Plans
-23-

Agreement File No. 281.33
Exhibit A – Scope of Services

Page 10 of 10 ends

Inspect construction sites to ensure correct installation and operation of BMPs Post construction, conduct annual maintenance inspections to ensure correct operation of BMPs and LID Plans.

Provide assistance with implementation measures with program requirements related to bacteria, metals, toxics, and trash Total Maximum Daily Loads (TMDLs), public LID retrofit projects and green streets projects, nonstructural and institutional watershed control measures, and non-stormwater discharge source identification.

Assist CITY Staff with Safe, Clean Water (Measure W ) Program administration; including, but not limited to, preparing Measure W annual plans, quarterly reports, and annual reports.

D. On-Call Civil And Traffic Engineering, Design, Surveying, And Art Concept Services. CONSULTANT will provide the following services on an as-needed basis as determined by the Assistant City Manager/Director of Public Works, or his/her designee:

1. Land Surveying Services

2. Civil Engineering Services

3. Traffic & Traffic Analysis

4. Mural Art Work

5. Civil Engineering Design Services

Task Order(s) approved by CITY and CONSULTANT, in response to specific project scopes of work and services requested by CITY, will define the specific tasks and obligations.

CONSULTANT will also complete project-specific civil and/or traffic engineering services previously approved under Agreement File No. 281.32, which is superseded by this Agreement.

-24-

AGREEMENT FILE NO. 281.33

EXHIBIT B – FEE SCHEDULE

Payment to CONSULTANT for Retainer City and Traffic Engineer Services will be based on a fixed monthly rate. Payment to CONSULTANT for Grading Plan Check Services; Stormwater Compliance Consultant Services; and On-Call Civil And Traffic Engineering, Design, Surveying, and Art Concept Services will be in accordance with the hourly rates listed in Exhibit B1.

Maximum payment to CONSULTANT will be as follows:

1. Retainer City and Traffic Engineer Services ($12,740/month)…………..$152,880/year

2. Grading Plan Check Services (based on hourly rates)…………………….$30,000/year

3. Stormwater Compliance Consultant Services (based on hourly rates)…..$60,000/year

4. On-Call Civil and Traffic Engineering, Design, Surveying, and Art Concept Services (including Industrial/Commercial Facility Stormwater Inspections), will be based on the respective Task Order amount.

-25-

-26-

AGREEMENT FILE NO. 281.33

EXHIBIT C – TASK ORDER STANDARD FORM

TASK ORDER NO. XX

______________________________________________________________________

Date Prepared:

Consultant/Contractor Name: Hartzog & Crabill, Inc
Project Name:

Account Number:

Total Cost:

Description of services to be performed under this Task Order:

Recommended/Approved by:

Len Gorecki,
Assistant City Manager/Director of Public
Works
Date

Jeffrey L. Stewart, City Manager Date

-27-

9-A
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. 22-71 – A Resolution reciting the facts of the General Municipal Election consolidated with the General Election held on November 8, 2022, declaring the result and such other matters as provided by law.

DATE: December 12, 2022

EXECUTIVE SUMMARY

Resolution No. 22-71 recites the facts of the November 8, 2022, General Municipal Election regarding Member of the City Council, District Nos. 1 and 5. On August 24, 2022, the City Council adopted Resolution No. 22-50, appointing Sonny R. Santa Ines to the office of Member of the City Council, District 3, as there were no more candidates than offices to be elected.

RECOMMENDATION TO CITY COUNCIL

1) Adopt Resolution No. 22-71; or

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

FISCAL IMPACT

None.

BACKGROUND

A General Municipal Election was held and conducted in the City of Bellflower, California, on Tuesday, November 8, 2022, as required by law. Notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities.

The County Election Department canvassed the returns of the election and has certified the results to this City Council. The results are attached as “Exhibit A” to the Resolution.

Page 1 of 2 ends

-1-

Staff Report – Certification of Election Results
December 12, 2022

Page 2 of 2 ends

BACKGROUND – Continued

As to Member of the City Council for District 3, at the close of the nomination period on Friday, August 12, 2022, at 5:00 p.m., there were no more candidates than offices to be elected at the November 8, 2022, General Municipal Election. Resolution No. 22-50 (adopted August 24, 2022) confirmed the appointment of Sonny R. Santa Ines for the office of Member of the City Council, District 3. He will take office and serve exactly as if elected on a ballot for a municipal election. For elections held in November, elected Council Members typically take office in December of the same year, following the completion of the official canvass and certification of election results. The terms for Members of City Council Districts 1, 3 and 5 are four years and will expire when elected Council Members take office in 2026.

ATTACHMENTS

Resolution No. 22-50 ....................................................................................................... 3 Resolution No. 22-71 ....................................................................................................... 9

-2-

CITY OF BELLFLOWER
RESOLUTION NO. 22-50

A RESOLUTION PROVIDING FOR THE APPOINTMENT
TO THE OFFICE OF COUNCIL MEMBER DISTRICT 3

THAT WAS SCHEDULED FOR ELECTION ON TUESDAY,
NOVEMBER 8, 2022
THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1.Pursuant to §10229 of the Elections Code, as of the close of the nomination period on August 12, 2022, there were no more candidates than offices to be elected for Council Member District 3. Elections Code § 10229 allows one of the following courses of action to be taken by the City Council:

1. Appoint to the office the person who has been nominated.

2. Appoint to the office any eligible voter if no one has been nominated.

3. Hold the election if either no one or only one person was nominated.

SECTION 2. A Notice of Election was published on July 7, 2022, in newspapers of general circulation (Herald American and The Long Beach Press Telegram) and posted in the City Hall Lobby, Bellflower Sheriff's Substation, Caruthers Park, Simms Park, and Thompson Park, and the City's website pursuant to law.

SECTION 3. Notice required by the Elections Code was published on August 18, 2022, in newspapers of general circulation (Herald American and The Long Beach Press Telegram) and posted in the City Hall Lobby, Bellflower Sheriff's Substation, Caruthers Park, Simms Park, and Thompson Park, and the City's website.

SECTION 4. Pursuant to Elections Code § 10229, the following person is appointed to the office to which he was nominated and is considered to be the same as being elected, pursuant to Elections Code §10229(a)(1):

NAME OFFICE TERM
Sonny R. Santa Ines Member of the City Council, District 3 Four Years SECTION 5. The person appointed qualifies and takes office and serves exactly as if elected at a municipal election for the office.

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.

Page 1 of 2 ends

-3-

City of Bellflower
Resolution No. 22-50
Page2of2
SECTION 7. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, is directed to attest thereto.

SECTION 8. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 24T" DAY OF AUGUST 2022.

Ray Dunton, ayor
ATTEST:

M ra chiqui, ity CI k
APPROVE (S FO .
i
f
Karl . B ger, City torney
Attachments:f
A - City Clerk's C fication
B - Notice of Ele n
C - Notice That here Are Not More Candidates Than Offices to be Elected -4-

T he C i ty of B e 11 f1 owe r tt. "=
BELLFr""
k
r-, .
a rarlies. /}usrnesses. ulures. L f
16600 Civic Center Drive, Beliflower,CA 90706
Tel 562.804.1424 Fau 562.925.8660 www.bellflower.org
CR
Ata-no El'"

CITY CLERK'S CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES

THAN OFFICES TO BE ELECTED
I, Mayra Ochiqui, City Clerk of the City of Bellflower, do hereby certify pursuant to Elections Code § 10229 the following facts relating to the General Municipal Election to be held on Tuesday, November 8, 2022:

As of the close of the nomination period on August 12, 2022, there are not more candidates than offices to be elected for Council Member District 3.

The person so nominated is:

Sonny R. Santa Ines (Council Member District 3)
That Elections Code § 10229 allows one of the following courses of action to be taken by the City Council:
1 . Appoint to the office the person who has been nominated.

2. Appoint to the office any eligible voter if no one has been nominated.

3. Hold the election if either no one or only one person has been nominated.

A notice of these facts will be published on August 18, 2022, in a newspaper of general circulation in the City pursuant to Government Code § 6061. After the fifth day following the date of publication, the City Council will meet to either make the appointment or direct an election to be held. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.

If, by the 75th day before the municipal election, no person has been appointed to the office pursuant to (1) or (2) above, the election shall be held.

If the City Council makes an appointment pursuant to Elections Code § 10229 the City Cierk will not accept for filing any statement of write-in candidacy which is submitted after the a ointment is made.pp
a ra iqui, City Clerk
Dat d: ugust 15, 2022
-5-

pF BELLF[,U
T h e C i t y o f B e 1 1 f 1 o w e r c R
v
i:7.'J lc'. lr;,/".'t , 7l!i//'c'ti.
16G(Nl Civic Crntrr Drivr.$rllYlowcr,( A `)(1?n!
fc! SG2.R(kS.142 I. SG2.y25.K6Gt) www.kxllfluwrrur; vRv ivo rcK'x

CITY OF BELLFLOWER

NOTICE OF ELECTION
TAKE NOTICE that a General Municipal Election will be held in the City of Bellflower on Tuesday, November 8, 2022, for the following officers:

For three Members of the City Council
Districts 1, 3, and 5, Full term of four years)
Declaration of Candidacy forms will be made available not earlier than July 18, 2022, and not later than 5:00 p.m. on Friday, August 12, 2022, at the City Clerk's Office, City Hall, 16600 Civic Center Drive, Bellflower, CA 90706 during regular business hours. Any person seeking to file nomination documents should contact the City Clerk's Office via phone at (562) 804-1424, extension 2220 or via email at [email protected].

If nomination papers for a Council Member whose term is expiring are not filed by August 12, 2022, then the voters will have until 5:00 p.m. on August 17, 2022, to nominate candidates, other than that incumbent Council Member.

If no one or only one person is nominated for an elective office, appointment to the elective office may be made pursuant to Elections Code § 10229.

Vote Centers will be open on Election Day between the hours of 7:00 a.m. and 8:00 p.m. The number of vote centers and the number of days vote centers will be open before Election Day are yet to be determined by the Los Angeles County Registrar-Recorder/County Clerk.

Persons requiring multilingual assistance regarding information in this notice may contact the City Clerk's Office.

Mayra Ochiqui, City Clerk
Dated: July 7, 2022
POST: 7/7/2022
REMOVE AFTER: 11/8/2022
-6-

T L1 ' . 1 C Y () f C 1 1 I U W f" C
OF BELLFLUw
R
rl;'/::.',. ,r ,ii.'.ti . ,,,.;/
16600 C;vic C;enter Urivr. lirllflowcr.(A')U71)(>
C.I Sb2R(N1.142•S I.: 562.925.ri(GO www.lltlower.or} ; QRv'tiva rcX:r

CITY OF BELLFLOWER

NOTICE THAT THERE ARE NO MORE CANDIDATES
THAN OFFICES TO BE ELECTED IN COUNCIL DISTRICT 3
TAKE NOTICE, pursuant to Election Code § 10229 governing the General Municipal Election in the City of Bellflower cailed for Tuesday, November 8, 2022:

As of the ciose of the nomination period on August 12, 2022, at 5:00 p.m., one qualified candidate is eligible for each the following elected offices:

Council District 3: Sonny R. Santa Ines
Elections Code § 10229 allows for one of the following courses of action to be taken by the City Council when there are not more candidates than offices to be elected:

1. Appoint to one of each of the open offices one of the persons who has been nominated.

2. Appoint to the office any eligible voter if no one has been nominated.

3. Hold the election if either no one or only one person has been nominated.

At a special City Council meeting to be held on August 24, 2022, at 10:00 a.m., the City Council will consider whether to make an appointment or direct an election to be held. The person(s) appointed, if any, will qualify and take office and serve exactly as if elected at a municipal election for the office.

If, by the 75th day before the municipal election (August 25, 2022), no person is appointed to each of these offices pursuant to (1) or (2) above, then the election for Council District 3 must be held along with all other elective offices on the ballot. If appointments are made to these offices, the General Election for Council District 3 will be cancelled, but will be held for all other elective offices on the ballot.

If the City Council makes an appointment pursuant to Elections Code § 10229, then the City Clerk cannot accept for filing any statement of write-in candidacy which is submitted after the appointment is made.

Mayra Ochiqui, City Clerk
Dated: August 18, 2022
-7-

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES )SS

CITY OF BELLFLOWER
I, Mayra Ochiqui, City Clerk of the City of Beliflower, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 22-50 was duly passed, approved, and adopted by the City Council of the City of Bellflower at the Special Meeting of the City Council on August 24, 2022, by the following vote to wit:

AYES: Council Members — Santa Ines, Hamada, Koops and Mayor Dunton
ABSENT: Council Member — Sanchez
Dated: August 24, 2022
Mayr Och' ui, Cit lerk
City d f BeY flower, California
SEAL)
-8-

CITY OF BELLFLOWER

RESOLUTION NO. 22-71

A RESOLUTION RECITING THE FACTS OF THE GENERAL

MUNICIPAL ELECTION CONSOLIDATED WITH THE GENERAL
ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE

RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. For the election of Member of the City Council, District 1, the whole number of ballots cast in the precincts was 786; the whole number of Vote by Mail voter ballots cast was 2,688; making a total of 3,474 ballots cast in District 1 (9,422 Registered Voters; 37% Voter Turnout with 77% of those voting being Vote by Mail voters).

SECTION 2. The names of the persons voted for at the election for Member of the City Council, District 1, are as follows:

Raymond Y. Hamada
Ricardo Fosado

SECTION 3. For the election of Member of the City Council, District 5, the whole number of ballots cast in the precincts was 678; the whole number of Vote by Mail voter ballots cast was 2,616; making a total of 3,294 ballots cast in District 5 (8,372 Registered Voters; 39% Voter Turnout with 79% of those voting being Vote by Mail voters).

SECTION 4. The names of the persons voted for at the election for Member of the City Council, District 5, are as follows:

Ray Dunton
Juan Garza

SECTION 5. In accordance with Election Code § 10262, the City Clerk certified the results to the City Council. These results are attached as Exhibit “A” and incorporated by reference. The number of votes given at each precinct and the number of votes given in the City to each of the persons named in Sections 2 & 4 above; were as listed in Exhibit “A” attached.

SECTION 6. The City Council does declare and determine that Raymond Y.

Hamada was elected as Member of the City Council, District 1, for the full term of four years and that Ray Dunton was elected as Member of the City Council, District 5, for the full term of four years. Relatedly, Sonny R. Santa Ines was appointed to the office of Member of the City Council, District 3, per Resolution No. 22-50, adopted August 24, 2022, for the reasons stated in that Resolution. The terms of his office are stated within that Resolution.

Page 1 of 2 ends

-9-

City of Bellflower
Resolution No. 22-71

Page 2 of 2 ends

SECTION 7. The City Clerk will enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) the whole number of ballots cast in the City; (2) the names of the persons voted for; (3) the number of votes given at each precinct to each person; and (4) the total number of votes given to each person.

SECTION 8. The City Clerk will immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; and the City Clerk shall have the Oath of Office prescribed in the Constitution of the State of California administered to each person elected and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected will then be inducted into the respective office to which they were elected.

SECTION 9. 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 10. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.

SECTION 11. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 12TH DAY OF DECEMBER 2022.

________________________________
Ray Dunton, Mayor
ATTEST:

________________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

Attachment:

Exhibit “A” - City Clerk’s Certification of the Canvass of Election Return and Official Statement of Votes Cast
-10-

Official Certificate of the Canvass
of the Election Returns

and

Official Statement of Votes Cast

Exhibit A

(immediately following this page)

-11-

-12-

-13-

-14-

-15-

-16-

-17-

← All documents from this meeting