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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Jerry Stock, City Engineer
SUBJECT: Consideration and possible action to adopt Resolution No. 23-19 – A Resolution approving Final Map No. 82987 to allow for the subdivision of three existing parcels to create two: Parcel 1 – for retail use, and Parcel 2 – for 91 residential condominium units and retail use on property located at 16411 Bellflower Boulevard, 9742 Mayne Street, and 9735 Oak Street; and authorize the City Manager to execute Subdivision Improvement Agreement File No. 837.7, in a form approved by the City Attorney, with 16411 Bellflower, LLC.
DATE: May 22, 2023
EXECUTIVE SUMMARY
This action would approve Final Map No. 82987 to allow for the subdivision of three parcels to create two new parcels: Parcel 1 for retail use and Parcel 2 for residential condominiums and retail use within the Downtown Bellflower Transit-Oriented Development Specific Plan (TOD SP) on property located at 16411 Bellflower Boulevard, 9742 Mayne Street, and 9735 Oak Street.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 23-19; and authorize the City Manager to execute Subdivision Improvement Agreement File No. 837.7, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
DISCUSSION
On June 22, 2020, the City Council adopted Resolutino No. 20-29 which, among other things, approved Vesting Tentative Map No. 82987 for creation of two parcels; one parcel will be used for retail use and the other for 91 residential condominium units and retail use on property located at 16411 Bellflower Boulevard, 9742 Mayne Street, and 9735 Oak Street.
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Staff Report – Approval of Final Map No. 82987
May 22, 2023
DISCUSSION – Continued
Bellflower Municipal Code (“BMC”) § 16.20.040 requires City Council approval for a final map when a subdivision improvement agreement is needed to ensure construction of public infrastructure. Here, the actions requested are for the City Council to determine whether the Final Map substantially complies with the vesting tentative map and authorize the City Manager to execute the subdivision improvement agreement.
The subdivider has not yet finished constructing the public improvements, but is eager to record the Final Map. All public improvements, including driveway approaches, curbs, gutter, and sidewalks still need to be constructed. All construction will be secured to guarantee performance, including the projected cost of completed construction for all improvements.
CEQA STATUS
Resolution No. 20-29 previously approved a mitigated negative declaration.
No additional environmental review is required for the final map.
ATTACHMENTS
Resolution No. 23-19....................................................................................................... 3 Subdivision Improvement Agreement File No. 837.7 ...................................................... 6 Reduced Copy of Final Map No. 82987 ........................................................................ 15
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CITY OF BELLFLOWER
RESOLUTION NO. 23-19
A RESOLUTION APPROVING FINAL MAP NO. 82987 TO
ALLOW FOR THE SUBDIVISION OF THREE EXISTING
PARCELS TO CREATE TWO: PARCEL 1 – FOR RETAIL
USE, AND PARCEL 2 – FOR 91 RESIDENTIAL
CONDOMINIUM UNITS AND RETAIL USE ON PROPERTY
LOCATED AT 16411 BELLFLOWER BOULEVARD,
9742 MAYNE STREET, AND 9735 OAK STREET
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and declares that:
A. On December 23, 2019, 16411 Bellflower, LLC, submitted an application pursuant to Title 16 of the Bellflower Municipal Code (“BMC”) requesting approval of Vested Tentative Map No. 82987 to allow the subdivision of the three (3) existing parcels for condominium and commercial purposes on property located at 16411 Bellflower Boulevard, 9742 Mayne Street and 9735 Oak Street (“Project”);
B. The City reviewed the Project’s environmental impacts 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”); and the City’s Environmental Guidelines (“Bellflower Guidelines”; CEQA, CEQA Guidelines and Bellflower Guidelines collectively referred to as “CEQA Regulations”);
C. On June 22, 2020, the City Council adopted Resolution No. 20-29 which, among other things, approved Vesting Tentative Map No. 82987.
SECTION 2. Environmental Assessment. Section 3 of Resolution No. 20-29 is incorporated by reference. No additional environmental analysis is required.
SECTION 3. Final Map Findings. Based upon the entirety of the record, including, without limitation, the staff report, the City Council approves Final Map No. 82987 for the following reasons:
A. The Final Map substantially conforms with Vested Tentative Map No. 82987 and
B. The Final Map substantially conforms to the BMC and Subdivision Map Act (Government Code §§ 66410, et seq.).
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City of Bellflower
Resolution No. 23-19
SECTION 4. Delegation of Authority; Reservations.
A. In accordance with BMC § 16.12.020, the City Engineer may take appropriate action to make technical corrections to the Final Map and, thereafter, the City Clerk may forward the Final Map to the Los Angeles County Recorder’s Office for recordation.
B. Before providing the Final Map to the City Clerk, the City Engineer must (in addition to ensuring that the Final Map meets all technical requirements of the BMC and Subdivision Map Act) verify that the developer provided the City with (1) a subdivision improvement agreement, in a form approved by the City Attorney, to ensure the construction of all public improvements at the development; (2) a form of security approved by the City Attorney to guarantee performance under the subdivision improvement agreement.
C. The City Manager is authorized to execute the subdivision improvement agreement referenced in this Section.
SECTION 5. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 6. 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 7. The City Clerk is directed to mail a copy of this Resolution to the Applicant and to any other person requesting a copy.
SECTION 8. 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 9. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 10. This Resolution will become effective immediately upon adoption.
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City of Bellflower
Resolution No. 23-19
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 22ND DAY OF MAY 2023.
________________________________
Sonny R. Santa Ines, Mayor
ATTEST:
_______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
No fee per Government Code § 6103
SUBDIVISION IMPROVEMENT AGREEMENT FILE NO. 837.7
FINAL MAP NO. 82987
THIS AGREEMENT (“Agreement”) is made and entered into this 4/24/2023, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”) and 16411 Bellflower, LLC, a California Limited Liability Company (“SUBDIVIDER”).
The Parties agree as follows:
1. RECITALS. This Agreement is made with reference to the following facts and objectives:
A. SUBDIVIDER presented CITY with a subdivision map on land identified as Tract Map No. 82987 (“Map”).
B. SUBDIVIDER requested that CITY approve the Map before construction and completion of improvements including, without limitation, streets, highways, public ways, and public utility facilities (“Improvements”) which are part of or appurtenant to the subdivision (“Subdivision”) identified on the Map. The Improvements must be constructed in accordance with plans and specifications on file with CITY.
C. This Agreement is entered into in accord with the Subdivision Map Act (“Act”) and applicable ordinances adopted by CITY including, without limitation, as codified in the Bellflower Municipal Code (“BMC”).
2. CONSTRUCTION OF IMPROVEMENTS. At its sole cost and expense, SUBDIVIDER agrees to furnish the equipment, labor and materials necessary to complete the Improvements on the Map set forth in attached Exhibit “A,” which is incorporated by reference, and such other improvements required by CITY ordinances and/or the City Council when approving the Map. All of the above work, together with appurtenances, contingencies and engineering costs, are more particularly shown on the improvement plans for the Map.
3. ESTIMATED COST OF IMPROVEMENTS. The parties agree that the estimated cost of the Improvements is $23,456.60.
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City of Bellflower
Agreement File No. 837.7
4. COMPLETION. SUBDIVIDER must complete all Improvements within twelve months after recording the Map or within such further time as may be granted by the City Council.
5. COMPLETION BY CITY. Should SUBDIVIDER fail to complete the Improvements within the time for completion, CITY, at its option, may enter onto SUBDIVIDER’s property to complete the Improvements at SUBDIVIDER’s cost.
6. WARRANTY OF IMPROVEMENT PLANS. SUBDIVIDER warrants that the plans and specifications for the Improvements comply with the tentative map approval and the master plan for the Subdivision previously approved by CITY’s Planning Commission and the City Council, together with all conditions made a part of such approval(s).
SUBDIVIDER further warrants that the plans and specifications can be relied upon to accomplish the improvement work covered by this Agreement in a good, workmanlike manner and in accordance with accepted construction practices. Should the plans and specifications at any time before final acceptance of the Improvements prove to be inadequate in any respect, SUBDIVIDER agrees to make such changes deemed necessary by CITY to accomplish improvement work in a good, workmanlike manner and in accordance with accepted construction practices. SUBDIVIDER further agrees to make or cause to be made such engineering, soils and other reports as may be required by CITY.
7. CITY NOT LIABLE FOR PLANS AND SPECIFICATIONS. CITY is not an insurer or surety for the design or construction of the Subdivision. And no CITY official, officer, or employee is liable or responsible for any claim arising during construction of the Subdivision or Improvements, unless it can be shown that such person specifically directed that the Subdivision or Improvement be accomplished in a manner contrary to the wishes and desires of SUBDIVIDER, and SUBDIVIDER filed a written objection with the City Engineer before commencing such work or Improvement.
8. WARRANTY OF WORK. SUBDIVIDER warrants that the Improvements will be constructed in a manner consistent with CITY’s specifications and the highest industry standards. Should any Improvement fail to comply with this warranty or any other provision of this Agreement within one (1) year after CITY’s final acceptance, SUBDIVIDER must, without delay and without cost to CITY, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements.
Should SUBDIVIDER fail to act promptly or in accordance with this requirement or should the exigencies of the case require repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, at its option, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER must pay to CITY the actual cost of such repairs plus fifteen percent (15%) for CITY’s administrative overhead costs. This Section is not a waiver of any other right CITY may have for correcting faulty workmanship or defective materials.
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City of Bellflower
Agreement File No. 837.7
9. REPAIRS AND REPLACEMENTS. SUBDIVIDER must replace/repair, as appropriate, all pipes and monuments shown on the Map destroyed or damaged by SUBDIVIDER’s actions and to replace/repair, as appropriate, any property damaged or destroyed by SUBDIVIDER. Any such repair or replacement must be completed to CITY’s satisfaction and approval.
10. CITY’S RIGHT OF ENTRY. SUBDIVIDER grants City a license to enter SUBDIVIDER’s property to inspect the improvements constructed by SUBDIVIDER and to ensure compliance with this Agreement.
11. CONTRACT SECURITY.
A. Concurrently with the execution of this Agreement, SUBDIVIDER must furnish:
i. A surety bond in an amount equal to at least one hundred percent (100%) of the estimated cost of improvements as security for the faithful performance of this Agreement;
ii. A separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price for said improvements as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement.
B. SUBDIVIDER agrees that the form of the bonds provided by CITY are substantially similar to Government Code §§ 66499.1 and 66499.2.
12. MAINTENANCE BONDS. The bonds referred to in Section 11 will not be released until a surety bond guaranteeing the warranty requirements of Section 8 in the amount of at least ten percent (10%) of the sum shown in Section 3 is filed with CITY. The maintenance bond will be released one (1) year from the date of final acceptance of the Improvements.
13. PERFORMANCE BY CITY OR SURETY.
A. Should SUBDIVIDER fail to construct the improvements in the manner and at such locations as specified within the time requirements of this Agreement, or if SUBDIVIDER is not carrying out the intent of this Agreement, CITY may serve written notice upon SUBDIVIDER and the surety on SUBDIVIDER’s faithful performance bond demanding satisfactory compliance with this Agreement.
B. Should CITY serve such written notice, CITY may do any one, or combination of, the following:
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City of Bellflower
Agreement File No. 837.7
i. Serve written notice upon the surety on its faithful performance bond demanding satisfactory compliance with this Agreement. In such event the surety must, within five (5) days, assume control and construct the Improvements as SUBDIVIDER’s successor;
ii. CITY may construct the improvements itself, or by contract, at SUBDIVIDER’s expense on a time a materials basis. In such event, CITY may take possession of and utilize in completing improvement construction, materials, appliances, and other property belonging to SUBDIVIDER as may be on the site of the work without liability to CITY. SUBDIVIDER’s surety will be liable to CITY for any excess cost of damages incurred by CITY.
C. Nothing in this Section waives, or serves as a limitation upon, any additional remedy CITY may have under this Agreement or applicable law.
14. SURETY BOND TO INCLUDE LETTER OF CREDIT. The term “surety bond” also includes such other acceptable security, such as letters of credit or cash deposit agreements issued by responsible financial institutions, which are approved by the City Attorney. The term “surety” includes the issuer of any letter of credit or cash deposit agreement, which is acceptable to CITY as security for the performance of this Agreement. Sureties must be admitted to do business in California.
15. BEST MANAGEMENT PRACTICES. SUBDIVIDER agrees to use best management practices (“BMPs”), as that term is defined under applicable law including, without limitation, the MPMC, in constructing the improvements anticipated by this Agreement. SUBDIVIDER’s failure to comply with the terms of this Section constitutes a material breach of this Agreement.
16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by SUBDIVIDER under this Agreement are CITY’s property. SUBDIVIDER may retain copies of said documents and materials as desired, but must deliver all original materials to CITY upon CITY’s written notice.
17. INDEPENDENT CONTRACTOR. CITY and SUBDIVIDER agree that SUBDIVIDER will act as an independent contractor and will have control of all work and the manner in which is it performed. SUBDIVIDER will be free to contract for similar service to be performed for other employers while under contract with CITY. SUBDIVIDER 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 SUBDIVIDER as to the details of doing the work or to exercise a measure of control over the work means that SUBDIVIDER will follow the direction of CITY as to end results of the work only.
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City of Bellflower
Agreement File No. 837.7
18. CASH CHARGES. SUBDIVIDER must pay to CITY in cash such subdivision fees that are established by ordinance or by the City Council in conferring approval or extension of time to the Subdivision.
19. INDEMNIFICATION.
A. SUBDIVIDER 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.
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, SUBDIVIDER must defend CITY (at CITY’s request and with counsel satisfactory to CITY) and indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
C. The requirements as to the types and limits of insurance coverage to be maintained by SUBDIVIDER, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by SUBIDIVIDER pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
20. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, SUBDIVIDER must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial general liability: $2,000,000
Professional Liability $2,000,000
Workers compensation statutory requirement
B. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. 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 -10-
City of Bellflower
Agreement File No. 837.7
coverage. Liability policies must be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88.
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,” SUBDIVIDER 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 SUBDIVIDER for all claims made by CITY arising out of any errors or omissions of SUBDIVIDER, or its officers, employees or agents during the time this Agreement was in effect.
D. SUBDIVIDER must 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.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage.
SUBDIVIDER will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
21. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows:
The City To Subdivider
City of Bellflower 16411 LLC
16600 Civic Center Drive 500 North Brand Boulevard, Suite #2120 . Bellflower, CA 90706 Glendale, CA 91203
B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.
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City of Bellflower
Agreement File No. 837.7
C. 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.
22. COMPLIANCE WITH LAW. SUBDIVIDER will comply with all laws applicable to this Agreement including, without limitation, federal, state, and local laws requiring permitting and licenses. All such compliance will be at SUBDIVIDER’s own cost.
23. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.
24. SEVERABLE. 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.
25. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
26. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver.
27. GOVERNING LAW. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County.
28. AUTHORITY/MODIFICATION. This Agreement is subject to and conditioned upon approval and ratification by the Bellflower City Council. This Agreement is not binding upon CITY until executed by the City Manager. 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 agreement. CITY’s City Manager may execute any such amendment on behalf of CITY.
29. BINDING UPON SUCCESSORS. The terms of this Agreement constitute a burden and benefit upon the Property. Accordingly, this Agreement will be recorded and the term will run with the Property and become binding upon SUBDIVIDER’s heirs, successors and assigns.
30. ENTIRE AGREEMENT. This Agreement constitutes the sole agreement between SUBDIVIDER and CITY respecting the maintenance of the Property’s common areas -12-
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and correctly sets forth the obligations of SUBDIVIDER and CITY. There are no other understandings, terms or other agreements expressed or implied, oral or written.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BELLFLOWER, 16411 BELLFLOWER, LLC,
a municipal corporation.
_____________________________ ____________________________ Jeffrey L. Stewart Jason Tolleson
City Manager Manager
City Council Approval: 5/22/2023
ATTEST:
_____________________________
Mayra Ochiqui
City Clerk
APPROVED AS TO FORM:
By: _____________________________
Karl H. Berger
City Attorney
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SUBDIVISION IMPROVEMENT AGREEMENT FILE NO. 837.7
EXHIBIT A
Parcel Map No. 82987
All improvements marked are included:
☒ Public street improvements including drive approaches, curbs, gutter and sidewalks.
☐ Private street or driveway improvements including grading, paving, curbs, gutters, sidewalks, traffic control devices, street name signs, street lighting, landscaping, and appurtenances.
☐ Public sanitary sewers including laterals and appurtenances.
☐ Private sanitary sewers including mains, laterals, and appurtenances.
☐ Domestic water supply system, including mains, service laterals, fire hydrants, and appurtenances.
☐ Natural gas supply system including mains, service laterals, and appurtenances.
☐ Electric power distribution system including vaults, conduits, cables, conductors, service laterals, transformers, and appurtenances.
☐ Telephone system including vaults, conduits, cables, conductors, service laterals, and appurtenances.
☐ Cable television system, including vaults, conduits, cables, conductors, service laterals, and appurtenances.
☐ Public storm drains including channels, pipes, inlets, culverts, and appurtenances.
☐ Private storm drains including swales, channels, pipes, inlets, and appurtenances.
☐ Mailboxes.
☐ Lot grading including land clearing, earth moving compaction, import or export of soil, and appurtenances.
☐ Walls including retaining walls, perimeter walls, and appurtenances.
☐ Off-street landscaping including trees, bushes, shrubs, turf, irrigation system, and appurtenances.
☐ Other:
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