4. The attached Exhibit “A,” which is incorporated by reference, supersedes Exhibit A to the Agreement.
5. The attached Exhibit “B,” which is incorporated by reference, supersedes Exhibit B to the Agreement.
6. 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.
7. 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.
8. Except as modified by this Amendment, all other terms and conditions of Agreement File No. 464.1 remain the same.
IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written.
CITY OF BELLFLOWER KINGDOM CAUSES BELLFLOWER
_______________________________ ______________________________ Jeffrey L. Stewart, Andrew San Nicolas,
City Manager Executive Director
ATTEST:
_______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_______________________________
Karl H. Berger, City Attorney Taxpayer ID No. 95-4849998
ATTACHMENTS:
Exhibit A – Insurance Requirements
Exhibit B – Extremely Low-Income Rental Assistance / Homeless Prevention and Rapid Re-Housing Services Guidelines FY 2023-2024
-4-
AGREEMENT FILE NO. 464.1
EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, AGENCY will maintain insurance in conformance with the requirements set forth below. AGENCY will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, AGENCY agrees to amend, supplement or endorse the existing coverage to do so. AGENCY acknowledges that the insurance coverage and policy limits set forth in this Section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City.
AGENCY shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross-liability for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 (One Million Dollars) per occurrence.
Workers' Compensation on a State-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Best rating of A- or better and a minimum financial size VII.
General conditions pertaining to provisions of insurance coverage by AGENCY.
AGENCY and City agree to the following with respect to insurance provided by AGENCY:
1. AGENCY agrees to have its insurer endorse the third-party general liability coverage required herein to include as additional insured City, its officers, employees and agents, using standard ISO endorsement No. CG 20 10 with an edition prior to 1992. AGENCY also agrees to require all contractors, and subcontractors to do likewise.
2. No liability Insurance coverage provided to comply with this Agreement shall prohibit AGENCY, or AGENCY's employees, or agents, from waiving the right of subrogation prior to a loss. AGENCY agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all AGENCYs arid sub-AGENCYs to do likewise.
3. All insurance coverage and limits provided by AGENCY and available or applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other Agreement relating to the City or its operations limits the application of such insurance coverage.
-5-
City of Bellflower
Agreement File No. 464.1- Exhibit A
4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any AGENCY or sub-AGENCY.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. AGENCY shall not make any reductions in scope of coverage (e.g., elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to AGENCY's general liability policy, shall be delivered to the City Clerk at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by AGENCY or deducted from sums due AGENCY, at City's option.
8. Certificate(s) are to reflect that the insurer will provide 30 days' notice to City of any cancellation of coverage. AGENCY agrees to 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, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by AGENCY or any sub-AGENCY, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.
10. AGENCY agrees to ensure that sub-AGENCYs, and any other party involved with the project who is brought onto or involved in the project by AGENCY, provide the same minimum insurance coverage required of AGENCY. AGENCY agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. AGENCY agrees that upon request, all Agreements with sub-AGENCYs and others engaged in the project will be submitted to City for review.
11. AGENCY agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any AGENCY, sub-AGENCY, architect, engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Agreement to self-insure its obligations to City. If AGENCY'ꞏs existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the AGENCY, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. -6-
City of Bellflower
Agreement File No. 464.1- Exhibit A
12. The City reserves the right at any time during the term of the Contract or Agreement to change the amounts and types of insurance required by giving the AGENCY ninety (90) days' advance notice of such change. If such change results in substantial additional cost to the AGENCY, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. AGENCY acknowledges and agrees that any actual or alleged failure on the part of the City to inform AGENCY of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. AGENCY will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. ꞏ
16. AGENCY shall provide proof that policies of insurance herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted to the City Clerk prior to expiration. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to ꞏCity within five (5) days of the expiration of the coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the obligations of AGENCY under this Agreement. AGENCY expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officers, and agents.
18. Requirements of specific coverage features or limits contained in this Section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all sections and provisions of this Agreement to the extent that any other Section or provision conflicts with or impair the provisions of this Section.
21. AGENCY agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or AGENCY for the cost of additional insurance coverage required by this Agreement. -7-
City of Bellflower
Agreement File No. 464.1- Exhibit A
Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. AGENCY agrees to provide immediate notice to City of any loss against AGENCY arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right, but not the duty, to monitor the handling of any such claim or claims if they are likely to involve City. -8-
Low- and Moderate-Income Housing Asset Funds (LMIHAF) Program Guide
AGREEMENT FILE NO. 461.1
EXHIBIT B
Extremely Low to Very Low-Income Rental Assistance Voucher Program and Homeless Prevention and Rapid Re-housing Guidelines
The SHA is committed to providing opportunities for housing to residents within the City of Bellflower that meet low-income eligibility requirements. The SHA will use Low- and Moderate-Income Housing Asset Funds (LMIHAF) to provide rental assistance to households that meet the definition of extremely to very low-income by providing Homeless Prevention and Rapid Rehousing assistance. The following provides some basic guidelines for the programs. The SHA reserves the right to change and or alter program guidelines and procedures as necessary to best meet the needs of the community.
These programs comply with Title VI of the Civil Rights Act of 1964, as amended by the Housing and Community Development Act of 1977, Title VII of the Civil Rights Act of 1968; Executive Order 1103, the Housing Financial Discrimination Act of 1977, and all rules, regulations and requirements pursuant thereto. No person will be refused participation or denied benefits in any of the programs because of race, sex, religion, national origin, sexual orientation or handicap.
1. Homeless Prevention and Rapid Rehousing Program Financial Assistance and Services
The Homelessness Prevention and Rapid Re-Housing Program (HPRP) will provide financial assistance and services to prevent Bellflower households at risk of homelessness from becoming homeless and help those who are experiencing homelessness to be quickly re-housed and stabilized. The SHA will partner with the Agency in order to administer the program. Agency will work closely with the SHA in administering this program. The following are eligible expenses under this program:
One time payment of past due rent so that tenants may remain living in their unit located in the City of Bellflower. Such rental assistance may not exceed $2,500 per applicant. Agency must verify reason for the unpaid rent, the ability of the tenant to resume payment of regular rent without further assistance, and verify that the unit is a legal dwelling before making a past due rent payment. Housing relocation and stabilization services
Housing search
Mediation
Outreach
Credit counseling/repair
Security and utility deposits
Utility payments
Moving cost assistance
-9-
Low- and Moderate-Income Housing Asset Funds (LMIHAF) Program Guide
For short-term rental assistance: housing relocation and stabilization services, credit counseling/repair, security and utility deposits, utility payments, and moving cost assistance eligibility must be established with the applicant. Income must be documented showing household is extremely-low to very low-income (up to 50% AMI). Please refer to the income guidelines provided below. Income guidelines for households are updated annually using limits published yearly by the California Department of Housing and Community Development (HCD).
Agency must submit monthly to the SHA a proof of eligibility (“monthly report”) of all applicants receiving assistance in the previous month. The monthly report must provide a copy of the above referenced documents, as well as copies of income documentation proving household eligibility. SHA will notify in writing, within 30 days of receipt of monthly report, any applicants that are deemed ineligible and why. Agency will have to return to SHA any amount that was provided to an applicant that was deemed ineligible. The returned funds will be re-applied to the program, and Agency will be able to use the funds to assist a new eligible household.
For mediation and outreach services, Agency is required to provide monthly numbers of homeless and households at risk of being homeless that were contacted during the reporting period. When possible, the report should include the name, ethnicity, and location of the person when outreach and mediation services. If those who receive the mediation and outreach services refuse to provide their name and ethnicity, the location where the outreach took place and the count of the individuals/households contacted should be provided. When the outreach and mediation services are provided through SHA, then the City of Bellflower should provide the above information to Agency at the end of each quarter, and Agency will include the information in the report submitted to SHA.
Los Angeles County, CA
2023 INCOME LIMITS
Household
Size
1 Person
2 Persons
3 Persons
4 Persons
5 Persons
6 Persons
7 Persons
8 Persons
Low –
Income
51% ‐ 80%
$70,650
$80,750 $90,850 $100,900 $109,000
$117,050
$125,150 $133,200
Very Low‐
Income
31% ‐ 50%
$44,150
$50,450 $56,750 $63,050 $68,100
$73,150
$78,200 $83,250
Extremely‐
Low –
Income
<30%
$26,500
$30,300 $34,100 $37,850 $40,900
$43,950
$46,950 $50,560
-10-
Low- and Moderate-Income Housing Asset Funds (LMIHAF) Program Guide
2. Extremely to Very Low-Income Rental Assistance Voucher Program
The Extremely to Very Low-Income Rental Assistance Voucher Program (also referred to as medium-term rental assistance) will assist extremely low to very low-income households with a monthly subsidy (for up to 12 months) to help them secure affordable, decent, safe, and sanitary housing in the private market. Participants are able to find their own housing, including single-family homes, townhomes, and apartments. Participants must rent a unit that meets the following requirements:
Adequate space and security requirements specify the presence of a living room, kitchen area and bathroom. In addition, one (1) sleeping room (or living/sleeping room) for each two (2) persons is required.
Sanitary requirements specify a private indoor toilet, hot and cold running water, a bathtub or shower, a fixed basin, and at least one (1) window that opens or other adequate exhaust ventilation.
Kitchens must have a sink with hot and cold running water, adequate storage, preparation and serving space, and disposal facilities for garbage. Stove and refrigerator may be placed in unit at owner's option.
Proper ventilation and heating facilities are necessary. Gas and oil room heaters that are not vented properly are unacceptable.
At least two (2) electrical outlets are required in each room. Living and sleeping rooms shall include at least one (1) window and a ceiling or wall light in kitchen and bathroom. The unit must be structurally sound with no severe defects. The approaches to the unit must not present a danger of tripping, and elevators must be in a safe operating condition.
The interior must be free of all dangerous pollutants, such as carbon monoxide, sewer gas, fuel gas, and dust.
There must be an approved safe water supply.
The owner must advise the tenant whether the building was constructed before 1950.
This is to inform the tenant on the hazards of lead-based paint poisoning. Access to the unit must not be through unauthorized use of other private properties.
In addition, the building must provide an alternate means of exit in case of fire. The site and neighborhood must not be subject to serious adverse environmental conditions (e.g., flood, fire, disturbing noise, vermin or rodent infestation, sewage hazards, excess accumulation of trash).
In congregate housing, the same requirement applies, expect for the requirement for a separate kitchen in each unit.
Before providing any assistance, Agency must certify the unit was inspected and meets the minimum qualifications listed above. Thereafter, if a subsidy is provided beyond 12 months, the units must be inspected annually to ensure compliance to the -11-
Low- and Moderate-Income Housing Asset Funds (LMIHAF) Program Guide
qualifications listed above. A certification by Agency must be provided to the SHA at initial qualification and each year thereafter.
In addition to finding a qualified unit, the household applying for assistance must meet the qualifications as an extremely low to very low-income household. Applicants must submit an application indicating name and ethnicity of all persons that will occupy the household; identify all persons that will occupy the residence (names of all persons, and ages of minors) and number of bedrooms looking to rent (or currently renting). In addition to the application, the household must provide income documentation for all working persons in the household. For any students, proof of fulltime enrollment in college must be presented if the student also has a source of income, in order to provide the proper reduction of income for the student. Proof of income include records of Medi-Cal, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or other public assistance or public welfare program. This may be documented by including a copy of the Medi-Cal card, etc., included in each case file. If a client does not participate in one of the above programs, Agency must document income by obtaining copies of pay stubs, third party verification, back account statements, etc. In the event that no income documentation can be provided, an affidavit of no income must be furnished.
Applicants looking for rental subsidies must not rent a unit that would be considered overcrowded for the household size verses the number of bedrooms in the units. The maximum allowance for persons occupying a unit is two (2) persons per bedroom plus one additional person in the common area. For example, a two- bedroom unit could only have a maximum of five (5) persons (2 per bedroom plus one in the common area).
A household of 6 would not qualify to rent a 2-bedroom unit.
A rental subsidy will be paid by Agency directly to the landlord for up to 12 months on behalf of the participating household. The household receiving the benefit pays the difference between the actual rent charged by the landlord and the amount subsidized by the program. The maximum amount of subsidy that can be received by any household on a monthly basis is $333. Agency is required to subsidize rent to a minimum of five (5) households who are currently experiencing homelessness in Bellflower during a Fiscal Year. Households can reapply after the twelve-month period has expired at the discretion of Agency and only if Agency has sufficient funds.
The applicant and landlord must sign an agreement with Agency. At a minimum the agreement must identify the monthly amount of the subsidy, when the subsidy will begin and the last date of the subsidy. The agreement must state that the subsidy will be paid directly to the landlord by Agency and that the applicant is responsible for paying the additional rent charged by the landlord. The agreement must include the total monthly rent that will be charged to the applicant inclusive of the subsidy. The agreement must state that if for any reason Agency is unable to continue the program, both the landlord and tenant will receive thirty (30) day written notice. The landlord and applicant agree that if Agency is no longer able to continue the subsidy, the applicant is fully responsible for paying the full cost of the rent to the landlord and the landlord cannot hold Agency liable for any rent the tenant is unable to pay either during the subsidize period or any time after the subsidize period ends.
-12-
Low- and Moderate-Income Housing Asset Funds (LMIHAF) Program Guide
If a household applying for assistance is already under a current lease, the household may apply for a subsidy. Agency would still be required to certify the unit meets the qualifications listed above. The household would need to meet the qualifications as an extremely to very low-income household and the unit already leased must not be considered overcrowded. The applicant and landlord would be required to sign an agreement indicating all of the conditions outlined for the minimum requirements of the agreement.
Agency is required to provide copies of leases and agreements, income documentation and a copy of the application indicating household composition to the SHA monthly as proof of eligibility (“monthly report”). SHA will provide written notification of confirmation of applicant’s eligibility or written notification of applicant’s non-eligibility. Agency is required to provide to the SHA copies of leases and agreements signed during the previous month on all eligible applicants already approved by the SHA. The SHA will notify in writing, within 30 days of receipt of monthly report, any applicants that are deemed ineligible and the reason. Agency will have to return to the SHA any amount that was provided to an applicant that was deemed ineligible. The returned funds will be re-applied to the program and Agency will be able to use the funds to assist a new eligible household.
COVID-19 Special Circumstance Clause – Households meeting the following conditions may be eligible for funding under this Agreement:
a. The Household can provide reasonable documentation that attributes the loss of income/employment to the COVID-19 pandemic (e.g., letter from employer, date of job loss at or after the Los Angeles County and/or State of California Stay at Home order);
b. The Household’s projected annual income must be at or below 50% of the Area Median Income (AMI), as further described on Page 2; and c. Kingdom Causes Bellflower assists the Household with identifying other possible COVID-19 relief assistance programs (e.g., State of California unemployment benefits).
Basic outlines for Agency goals are available below. All monthly reports are due on the 15th of the month after the month ends.
-13-
Low- and Moderate-Income Housing Asset Funds (LMIHAF) Program Guide
Program Budget and Goals
Program Budget for Fiscal Year 2023-2024
$162,500 LMIHAF Funds Breakdown:
$ 16,250 (10%) Administration (Agency)
$ 55,000 (34%) Case Management (Agency)
$ 91,250 (56%) Rental Assistance Funds (Agency)
$162,500 (100%) Per AFN 464.1, Amendment No. 10
Goals
1. Provide Homeless Prevention and Rapid Re-housing Financial Assistance and Services to 40 Extremely and Very Low Income (defined as 30% or less of Area Median income) families/individuals residing in the City by providing housing stability and avoiding homelessness.
2. Provide Extremely to Very Low Income Rental Vouchers Services to 15 Extremely to Very Low Income (defined as 50% or less of Area Median income) families/individuals residing in the City by quickly re-housing those experiencing homelessness.
3. Provide case management services which include outreach and assessment, housing search and stabilization services, mediation, counseling, and monitoring of tenants, as needed, for all potential or current recipients of financial assistance. -14-
14-E
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to approve the Minutes of the June 12, 2023, Special Meeting of the City Council.
DATE: June 26, 2023
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the June 12, 2023, Special Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the June 12, 2023, Special Meeting… ....................... ………………………… 2
1 MINUTES
CITY OF BELLFLOWER
SPECIAL MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, JUNE 12, 2023, 4:00 P.M.
BELLFLOWER CITY HALL – COUNCIL CHAMBERS
1 CALL TO ORDER
Mayor Santa Ines called the Special Meeting to order at 4:01 p.m.
2 ROLL CALL
The following Members of the City Council responded present to roll call:
Mayor Sonny R. Santa Ines
Council Member Ray Dunton
Council Member Dan Koops
Council Member Victor A. Sanchez
For the record, it was moved by Council Member Koops, seconded by Council Member Sanchez, and carried without objection to excuse the absence of Mayor Pro Tem Hamada.
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 Jim DellaLonga, Director of Economic Development
Travis Sais, Assistant to the City Manager
Jennifer Poole-Eidd, Management Assistant
3 PUBLIC COMMENTS
For the record, there was no one in attendance wishing to provide public comments.
2 Bellflower City Council Special Meeting Minutes Item No. 4-A June 12, 2023 Page 2 of 5
4 STUDY SESSIONS
A Consideration and possible action to conduct a City Council Study Session to discuss and consider a proposal from Care Solace for mental health care coordinator services.
City Manager Stewart introduced the item , provided a brief verbal report of the Staff Report, and introduced Chad Castruita, CEO of Care Solace.
For the record, 1) CEO Castruita gave a Canva presentation providing an overview of Care Solace’s services and proposal; and 2) along with City Manager Stewart, responded to Council Members’ questions.
At the request of Mayor Santa Ines, CEO Castruita confirmed that on average there are 27 providers available at any time and the list is updated every three months.
At the request of Council Member Sanchez, CEO Castruita 1) explained that Care Solace’s contract with Bellflower Unified School District (BUSD) provides access to services to district staff, students, and their families at a cost of $4/student per year, and therefore the BUSD student population had been deducted from the City’s cost proposal of $1.50/resident per year; 2) clarified that although Care Solace would provide marketing materials, the City would be responsible for marketing the services to its residents through existing communication channels; 3) conducted a live demonstration of Care Solace’s website and services; 4) clarified that “Care Solace verified” means that Care Solace looked at “rip-off” reports and lawsuits and providers are removed from the list if any are found, noting that the list is updated every three months versus waiting for the annual County update; 5) confirmed that they employ 600 staff members licensed through the State of California to ensure compliance with Health Insurance Portability and Accountability Act (HIPAA) laws, and they both make appointments and coordinate “warm hand-offs”; and 6) demonstrated Long Beach Unified School District Impact Report as a sample.
At the request of Council Member Koops, CEO Castruita 1) confirmed that the City’s cost proposal excluded 12,000 students already covered by BUSD’s contract with Care Solace; 2) confirmed that people who find the company on the website through general search engines would not be turned away, even if not covered by a current contract; and 3) provided his personal biography of how he came to create the company, including his experience with homelessness for a period of three months and his parents experiencing difficulty finding mental health services to help him during that time, even though they did have adequate insurance coverage.
Council Member Sanchez, stated that he was concerned that having a background in the mental health industry himself, he had not been able to vet Care Solace with BUSD, as the district was not familiar with the company, to which CEO Castruita clarified that BUSD was not currently under contract, explaining they are under contract with 75 of the 81 school districts in Los Angeles County, and he had mistaken BUSD for another local school district.
3 Bellflower City Council Special Meeting Minutes Item No. 4 -A June 12, 2023 Page 3 of 5
4 STUDY SESSION – Continued
A Consideration and possible action to conduct a City Council Study Session to discuss and consider a proposal from Care Solace for mental health care coordinator services – Continued
At the request of Council Member Sanchez, City Manager Stewart stated that he was not incredibly concerned with the marketing aspect of the program, but shared concerns regarding who would use the services, noting that the City would learn fairly quickly if the program was going to be used effectively.
For the record, Council Member Koops stated his disappointment that CEO Castruita had not done proper research relative to the contract with BUSD.
At the request of Council Member Dunton, CEO Castruita 1) explained that their staff members respond to requests for service within 15 minutes with either a referral or a “warm hand-off” to a provider or law enforcement; 2) confirmed that they work with court orders; and 3) stated that he would provide an additional report relative to requests for help regarding substance abuse in Los Angeles County.
For the record, Council Member Koops 1) stated that he was concerned that people from our community would say that it’s a farce and they didn’t received services, but stated that the City would see the usefulness of the program if they are able to save even one life; and 2) confirmed with CEO Castruita that the company’s focus had been on school districts, but was now shifting to focus on cities, Care Solace was proposing the City enter into a contract for a one-year pilot program, and the City would not be let down, as he has been doing this since 2018.
At the request of City Manager Stewart, CEO Castruita confirmed that Care Solace has a working relationship with the Los Angeles Homeless Services Authority (LAHSA) and they are a new provider within their coordination service network.
Council Member Koops made a motion, seconded by Mayor Santa Ines, to direct the City Manager to enter into a one-year agreement with Care Solace, in a form approved by the City Attorney, for mental health care coordinator services.
At the request of Council Member Dunton relative to whether there was any Federal American Rescue Plan Act (ARPA) funding left that may be used for this purpose, 1) Director of Economic Development DellaLonga, in conversation with Director of Finance Rhee, confirmed that the ARPA funding had all been allocated, however there was a possibility of using the Drug Education Fund for this purpose; and 2) City Manager Stewart confirmed that there was sufficient funding in the Drug Education Fund and the authorized amount for the agreement could be incorporated into the Operating Budget for fiscal year 2023 -24 under the Drug Education Fund.
4 Bellflower City Council Special Meeting Minutes Item No. 4 -A June 12, 2023 Page 4 of 5
4 STUDY SESSION – Continued
A Consideration and possible action to conduct a City Council Study Session to discuss and consider a proposal from Care Solace for mental health care coordinator services – Continued
For the record, 1) Council Member Koops requested and received confirmation from CEO Castruita that the proposed term could be modified from one year to six months and amended the original motion to include an agreement term six months; and 2) Mayor Santa Ines as the seconder of the motion agreed to the amendment of the motion.
Following discussion, noting the motion by Council Member Koops and second by Mayor Santa Ines, the motion carried by the following roll call vote, to direct the City Manager to enter into a six-month agreement with Care Solace, in a form approved by the City Attorney, for mental health care coordinator services, with the authorized amount incorporated into the Operating Budget for fiscal year 2023-24 under the Drug Education Fund:
AYES: Council Members - Koops, Sanchez, Dunton and Mayor Santa Ines
ABSENT: Council Member - Mayor Pro Tem Hamada
B Consideration and possible action to implement a city-wide Vehicle Replacement Program through Enterprise Fleet Management Inc.
Assistant City Manager/Director of Public Works Gorecki gave a PowerPoint presentation providing an overview of the Staff Report and introduced Zeke Jenkins, Enterprise Fleet Management Senior Account Executive.
Senior Account Executive Jenkins 1) gave a PowerPoint presentation providing an overview of the proposed Vehicle Replacement Program; and 2) along with Assistant City Manager/Director of Public Works Gorecki and City Manager Stewart, responded to Council Members’ questions.
Following brief discussion, it was the consensus of the City Council to direct the City Manager to gather more information regarding the program, including a vehicle-by vehicle cost comparison and annual cost analysis, and bring the matter back at a future date for further consideration.
5 Bellflower City Council Special Meeting Minutes Item No. 5 June 12, 2023 Page 5 of 5
5 ADJOURNMENT
Without objection, Mayor Santa Ines adjourned the meeting at 5:31 p.m.
Sonny R. Santa Ines, Mayor
City of Bellflower
ATTEST:
Mayra Ochiqui, City Clerk
Approved: June 26, 2023
6 14-F
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to approve the Minutes of the June 12, 2023, Regular Meeting of the City Council.
DATE: June 26, 2023
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the June 12, 2023, Regular Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the June 12, 2023, Regular Meeting… ...................... ………………………… 2
1 MINUTES
CITY OF BELLFLOWER
REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, JUNE 12, 2023
BELLFLOWER CITY HALL – COUNCIL CHAMBERS
5:30 P.M. CLOSED SESSION / 7:00 P.M. OPEN SESSION
5:30 P.M. – CLOSED SESSION
1 CALL TO ORDER
Mayor Santa Ines called the Regular Meeting to order at 5:31 p.m.
2 ROLL CALL
The following Members of the City Council responded present to roll call:
Mayor Sonny R. Santa Ines
Council Member Ray Dunton
Council Member Dan Koops
Council Member Victor A. Sanchez
For the record, it was moved by Council Member Sanchez, seconded by Council Member Koops, and carried without objection to excuse the absence of Mayor Pro Tem Hamada.
3 RECESS TO CLOSED SESSION
For the record, City Manager Stewart read the titles of the Closed Session items.
There being no one in attendance wishing to provide public comments, without objection, Mayor Santa Ines recessed the meeting at 5:32 p.m. to a Closed Session regarding:
2 Bellflower City Council Minutes Item No. 3 June 12, 2023 Page 2 of 10
3 RECESS TO CLOSED SESSION – Continued
A CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Negotiator: Jeffrey L. Stewart, City Manager
Employee Organization: • AFSCME Local 1511 – Mid Managers • BCEA – Executive Assistants
• BCEA – Part Time Community Services Officers and
Part Time Maintenance Workers
• AFSCME Local 3745 – Maintenance Workers and
Community Services Officers
B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One Matter
C CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION - GOVERNMENT CODE § 54956.9(d)(4). Number of Cases: One.
For the record Closed Session adjourned at 6:43 p.m.
4 RECONVENE FOR OPEN SESSION
Mayor Santa Ines reconvened the meeting at 7:02 p.m. For the record, there was no reportable action.
7:00 P.M. – OPEN SESSION
5 CALL TO ORDER
Mayor Santa Ines called the Regular Meeting to order at 7:02 p.m.
6 ROLL CALL
The following Members of the City Council responded present to roll call:
Mayor Sonny R. Santa Ines
Council Member Ray Dunton
Council Member Dan Koops
Council Member Victor A. Sanchez
3 Bellflower City Council Minutes Item No. 6 June 12, 2023 Page 3 of 10
6 ROLL CALL – Continued
For the record, it was moved by Council Member Koops, seconded by Council Member Sanchez, and carried without objection to excuse the absence of Mayor Pro Tem Hamada.
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 Jim DellaLonga, Director of Economic Development
Joel Hockman, Director of Public Safety
Travis Sais, Assistant to the City Manager
Jennifer Poole-Eidd, Management Assistant
7 INVOCATION
Council Member Dan Koops offered the Invocation.
8 PLEDGE OF ALLEGIANCE
Director of Economic Development Jim DellaLonga the assembly in the Pledge of Allegiance.
9-A CITY COUNCIL ANNOUNCEMENTS
Mayor Santa Ines provided details relative to the City’s illegal firework enforcement policy, noting the upcoming Fourth of July Season.
Council Member Koops provided details relative to the Bravo Awards video recording being made available for viewing on Spectrum Channel 36 and on the City’s YouTube channel with a link available on the City’s website.
Council Member Sanchez provided details relative to the City’s first hotel, Woodspring Suites, which is now open for reservations.
Council Member Dunton provided details relative to the Parks and Recreation Department’s summer programs, noting that the next “Summer Streetfest Concert” will be held on June 22, 2023 and the next “Summer Movie Night” will be held on June 13, 2023.
4 Bellflower City Council Minutes Item No.10 June 12, 2023 Page 4 of 10
10 PUBLIC COMMENTS
Darlene Palacios, resident, 1) addressed the City Council with regard to road traffic in her neighborhood, specifically the intersection of Clark Avenue and Rose Street, stating that a) she was glad to see the crosswalk installed and bus stop moved; b) she believed many other neighbors have made similar complaints over the span of 15 years and she was discouraged by the City’s response time; and c) she was requesting a speed monitoring device be installed in the area; 2) expressed the opinion that more vehicle accidents are occurring in the City, noting a recent accident at the intersection of Bellflower Boulevard and Alondra Boulevard; and 3) expressed concern relative to how the lack of rent control in the City may exacerbate the homelessness crisis in the area.
Brian Joy, general contractor, addressed the City Council relative to the City’s permitting program for earthquake brace and bolt retrofitting, 1) stated that he was licensed to do business in Bellflower and the City was recently selected by the Earthquake Brace and Bolt Program for local homeowners to receive $3,000 in State grant funding toward earthquake retrofitting of their homes; 2) expressed the opinion that the City’s current permitting system requires extensive, unnecessary engineering requirements, noting that the average cost of a full set of engineering plans with structural calculations meeting the City’s requirements is in excess of $6,000 dollars; 3) expressed the opinion that the City is the most cost-prohibitive in the area, noting that the City may lose thousands of dollars in revenue if homeowners opt out of the work due to the permitting costs or if the State grant timelines can’t be met due to extensive requirements; 4) suggested the City streamline the process by following the Los Angeles Department of Building and Safety’s Standard Plan for bolting as an acceptable form of installation to reduce time and financial burden for contractors and homeowners, as other neighboring cities have done; and 5) recommended a review of the City’s Voluntary Bolting Program, noting that most of the homeowners eligible for the grant tend to be low- or fixed-income families.
At the request of Mayor Santa Ines, 1) City Manager Stewart confirmed that he would look into the matter; and 2) Brian Joy stated that he had an appointment scheduled with the City’s Building Official to ask similar questions as well.
11 PUBLIC HEARINGS
None
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
None
5 Bellflower City Council Minutes Item No. 13 June 12, 2023 Page 5 of 10
13 CONSIDERATION ITEMS
A Consideration and possible action to adopt Resolution No. 23-18 – A Resolution implementing Title 14 of the Bellflower Municipal Code by establishing policies and procedures for obtaining, modifying, and maintaining Cannabis Business Permits (“CBP”); and superseding Resolution Nos. 21-07 and 21-08. [Continued from May 22, 2023]
B Consideration and possible action to consider: 1) a Modification Application for two existing Cannabis Business Permits (“CBP”) for dispensary and distribution uses for EEL Holdings, LLC (dba Catalyst - Bellflower); and 2) a request to convert a previously held manufacturing CBP to a second distribution CBP at 9032 -9038 Artesia Boulevard. [Continued from May 22, 2023]
City Manager Stewart introduced Items 13-A and 13-B and requested that the items be discussed and considered simultaneously.
Assistant to the City Manager Sais 1) announced that staff is recommending an amendment the definition of a conversion applicant defined in Item 13-A, Section 3 of Resolution No. 23-18, to read as follows: “a person with one or more existing or previously issued CBPs that seek to convert one or more CBPs from one CBP category to another” (i.e., removing the word “valid” and replacing it with “existing or previously issued”); 2) provided a verbal presentation of the Staff Report; and 3) along with City Manager Stewart, Applicant Elliot Lewis and Director of Compliance for EEL Holdings, LLC, Mily Harry, responded to Council Members’ questions.
For the record, at the request of Mayor Santa Ines, Assistant to City Manager Sais 1) reiterated the change to Resolution No. 23-18; 2) confirmed that the current resolution allows for 22 CBPs with a cap only set for dispensary CBPs (capped at four dispensaries) and there are currently 10 CBPs on file, so the CBP requested would still be within the allowable amount; and 3) confirmed that the City Attorney established that the application for change of ownership would require a listing of current owners and previous owners.
At the request of Mayor Santa Ines, City Clerk Ochiqui administered the Oath to those wishing to present public testimony regarding this matter. For the record, the following speaker responded to the oath in the affirmative.
Elliot Lewis, EEL Holdings, LLC, 1) addressed the City Council relative to his request; 2) at the request of Mayor Santa Ines, confirmed that understood that if he is issued a second distribution permit, he would be required to pay another permit fee; and 3) at the request of Mayor Santa Ines, stated that he has no intention of changing ownership of EEL holdings, LLC in the future; however, expressed the opinion that eventually the industry would mature and cannabis businesses would generally become publicly traded companies, although cities can set percentage caps as they feel necessary.
6 Bellflower City Council Minutes Item No.13 June 12, 2023 Page 6 of 10
13 CONSIDERATION ITEMS – Continued
Following discussion, it was moved by Council Member Dunton, seconded by Council Member Koops, to 1) adopt Resolution No. 23-18, as amended; 2) approve a Modification Application for two existing Cannabis Business Permits (“CBP”) for dispensary and distribution uses for EEL Holdings, LLC (dba Catalyst - Bellflower); and 3) approve a request to convert a previously held manufacturing CBP to a second distribution CBP at 9032-9038 Artesia Boulevard:
AYES: Council Members - Dunton, Koops, Sanchez and Mayor Santa Ines
ABSENT: Council Member - Mayor Pro Tem Hamada
For the record, 1) at the request of Mayor Santa Ines, discussion ensued among the City Council and City Manager Stewart relative to the feasibility of prohibiting publicly traded companies from participating in cannabis permittees as an “owner” as defined by the Cannabis Regulations; and 2) Mayor Santa Ines proposed potentially establishing and codifying an ownership threshold of 25 percent or more in the future.
Elliot Lewis, EEL Holdings, LLC, stated that 1) ownership is typically defined by managerial control, status as a board member or ownership within a certain percentage of stocks; 2) expressed that they were happy the City Council took the action they did, though they may see the prevalence of more publicly traded cannabis stocks in the future of the cannabis industry and at that point it could potentially become an impossibly tedious task to disclose; and 3) asked Director of Compliance Harry for the current state practices regarding ownership guidelines.
Mily Harry, Director of Compliance, EEL Holdings, LLC, at the request of Elliot Lewis, stated that the current ownership threshold per the Department of Cannabis Control and most localities is defined at 20 percent or more and for Financial Interest Holders it is in the range of 10 to 19.9 percent, along with the disclosure of a driver’s license or any form of identification. For the record, Mily Harry previously responded to the oath in the affirmative to provide public testimony for this matter.
For the record, following discussion, there was no further action taken on this matter.
14 CONSENT CALENDAR
For the record, 1) City Manager Stewart announced that staff was requesting to remove Item 14-I (Specifications for the Local Streets Grind and Cap) to be considered at a future meeting; 2) Council Member Koops announced that he would recuse himself from Item 14-K (Resolution No. 23-24; Senate Bill 1: Road Repair) as he owns property within 500 feet of the subject property; and 3) Mayor Santa Ines requested that Item 14-C (Operating Budget for fiscal years 2023-2025) be pulled for comment only.
7 Bellflower City Council Minutes Item No. 14 June 12, 2023 Page 7 of 10
14 CONSENT CALENDAR – Continued
With regard to Item 14-C (Operating Budget for fiscal years 2023-2025), 1) Mayor Santa Ines expressed his gratitude to City Manager Stewart, the Finance Department, City Directors and staff for their work in developing the budget, noting that it was strategically prudent and lean with attention to long-term planning, such as the increasing of the assets acquisition fund to $5 million , and would leave the City in good shape for the coming years; 2) at the request of Council Member Sanchez, City Manager Stewart confirmed that although staff has explored other alternatives in recent years, there are currently no viable alternatives to SEAACA’s (Southeast Area Animal Control Authority) services in the region; and 3) Council Member Dunton requested and received confirmation from City Manager Stewart that the funds needed for the Care Solace Agreement for mental health services approved at the June 12, 2023, Special City Council Meeting would be allocated from the Drug Education Fund and the budget adjustment made accordingly.
Noting the aforementioned removal of Item 14-I (Specifications for the Local Streets Grind and Cap) and Council Member Koops’s recusal on Item 14-K (Resolution No. 23-24 Senate Bill 1: Road Repair), it was moved by Council Member Koops, seconded by Council Member Dunton, and carried by the following roll call vote, to approve the balance of the actions stipulated on the Consent Calendar:
AYES: Council Members - Dunton, Koops, Sanchez and Mayor Santa Ines
ABSENT: Council Member - Mayor Pro Tem Hamada
A Consideration and possible action to receive and file City Council Warrant Register No. 23-121, dated June 12, 2023.
Action: Received and filed Warrant Register No. 23-121.
B Consideration and possible action to adopt Resolution No. 23-21 – A Resolution adopting the annual appropriations limit for fiscal year 2023-2024. _____________________
Action: Adopted Resolution No. 23-21.
C Consideration and possible action to adopt Resolution No. 23-22 – A Resolution adopting the Operating Budget for fiscal years 2023-2025 including the Capital Improvement Budget.
Action: Adopted Resolution No. 23-22.
D Consideration and possible action to authorize the City Manager to suspend Chapter 5 of the Bellflower Business Assistance Program (Small Business Microloans). _____
Action: Directed the City Manager to suspend Chapter 5 of the Bellflower Business Assistance Plan.
8 Bellflower City Council Minutes Item No. 14 June 12, 2023 Page 8 of 10
14 CONSENT CALENDAR – Continued
E Receive and file an update regarding the termination of Lease Agreement AFN 698.1 between Bulletin Displays, LLC and the City of Bellflower, for the lease of public property for digital outdoor advertising.__________________ Action: Received and filed the update regarding the termination of Lease Agreement AFN 698.1.
F Consideration and possible action to authorize the Director of Public Works, or designee, to install an on-street disabled parking space (blue curb) at 9538 Arkansas Street (C.E. #23-06). ________________________________ Action: Authorized the Director of Public Works, or designee, to install the on-street disabled parking space (blue curb) at 9538 Arkansas Street.
G Consideration and possible action to award a contract to Long Beach Ford LLC DBA BP Ford of Long Beach for the purchase of four 2023 F-150 pick-up trucks for the Public Safety and Public Works Departments which meet South Coast Air Quality Management District (AQMD) standards under Assembly Bill (AB) 2766, and authorize the City Manager to execute a contract with Long Beach Ford LLC DBA BP Ford of Long Beach, in a form approved by the City Attorney._______________________________________ Action: Awarded a contract to BP Ford for the purchase of four 2023 F-150 pick-up trucks; and authorize the City Manager to execute a contract with BP Ford, in a form approved by the City Attorney.
H Consideration and possible action to authorize the Director of Public Works, or designee, to install red curb parking restrictions at the northeast corner of Palo Verde Avenue and Artesia Boulevard (C.E. #23-07).
Action: Authorized the Director of Public Works, or designee, to install red curb parking restriction at the northeast corner of Palo Verde Avenue and Artesia Boulevard.
I [Item Not Considered]
Consideration and possible action to adopt Resolution No. 23 -23 – A resolution approving the specifications for the Local Streets Grind and Cap (Specifications No. 22/23-01), pursuant to Government Code §830.6, establishing a project payment account; and authorizing solicitation of bids.
CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 – Existing Facilities).
Recommendation to City Council: 1) Adopt Resolution No. 23 -23; or 2) Alternatively, discuss and take other action related to this item.
9 Bellflower City Council Minutes Item No. 14 June 12, 2023 Page 9 of 10
14 CONSENT CALENDAR – Continued
J Consideration and possible action to authorize the Director of Public Works, or designee, to install red curb parking restrictions at the southeast corner of Beach Street and Ardmore Avenue (C.E. #23-08).
Action: Authorized the Director of Public Works, or designee, to install red curb parking restrictions at the southeast corner of Beach Street and Ardmore Avenue.
K Consideration and possible action to adopt Resolution No. 23 -24 – A Resolution establishing the Capital Improvement Projects Budget for Fiscal Year 2023-2024 funded by Senate Bill 1: Road Repair and Accountability Act of 2017.
Action: Adopted Resolution No. 23-24 and carryover the unexpended RMRA funds to Fiscal Year 2023-2024 in the same budget Account No. 145-47050-9000.
L Consideration and possible action to authorize the City Manager to execute Amendment No. 3 to Agreement File No. 928, in a form approved by the City Attorney, with RJM Design Group, Inc., for bidding support and construction administration of improvements at Thompson Park and Constitution Park._ Action: Authorized the City Manager to execute Amendment No. 3 to Agreement File No. 928, in a form approved by the City Attorney.
M Consideration and possible action to approve the Minutes of the May 22, 2023, Regular Meeting of the City Council.
Action: Approved the May 22, 2023, Regular Meeting Minutes.
N Consideration and possible action to receive and file Official Travel Report – California Contract Cities Association, 64th Annual Municipal Seminar, May 18 - 21, 2023 (Pursuant to AB 1234).
Action: Received and filed the Official Travel Report for the California Contract Cities Association 64th Annual Municipal Seminar.
15 COUNCIL REPORTS
Mayor Santa Ines, Council Member Sanchez, Council Member Koops made various comments and reports.
At the request of Council Member Sanchez, Director of Public Safety Hockman detailed the traffic calming efforts that have been taken at the intersection of Clark Avenue and Rose Street, including 1) a traffic unit stationed in the area to keep people accountable and crossing correctly; 2) Public Safety staff and Sheriff Deputies participated in a crosswalk enforcement effort where staff would utilize the crosswalk and if not given the right-of-way, drivers would be pulled over to be given a ticket or warning by the Sheriff Deputies; and 3) the usage of a radar speed indicator signs at various locations in the City.
10 Bellflower City Council Minutes Item No. 16 June 12, 2023 Page 10 of 10
16 ADJOURNMENT
Without objection, Mayor Santa Ines adjourned the meeting at 8:14 p.m. to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, June 26, 2023.
Sonny R. Santa Ines, Mayor
City of Bellflower
ATTEST:
Mayra Ochiqui, City Clerk
Approved: June 26, 2023
11
14-G
TO: Honorable Mayor and Members of the City Council and the City Council acting on behalf of the Successor Agency to the Redevelopment Agency of the City Of Bellflower
FROM: Jeffrey L. Stewart, City Manager/Executive Director
SUBJECT: Consideration and possible action to consider authorizing the City Manager/Executive Director to execute an amendment to the cooperative agreement (AFN 356.4 and SA-6) dated March 13, 2013 between the City and Successor Agency regarding signature authority.
Date: June 26, 2023
EXECUTIVE SUMMARY
On March 13, 2013, the City and Successor Agency executed a Restated and Amended Cooperative Agreement to help wind-down the obligations of the former Redevelopment Agency. The proposed First Amendment to that Agreement would confirm the signature authority for the City Manager/Executive Director regarding all documents related to the former Redevelopment Agency.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager/Executive Director to execute the First Amendment to AFN 356.4 and SA-6 as set forth in the Exhibit to this staff report; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
DISCUSSION
Dissolution of the Redevelopment Agency in 2012 resulted in the City Council opting to act on behalf of the Successor Agency to help facilitate the end to various redevelopment projects within the City’s jurisdiction. While no new projects could be implemented by the Successor Agency, there are still numerous legacy projects that the Successor Agency continues to monitor. Many of those continue to require administrative oversight including, without limitation, the occasional approval of contract documents.
Staff Report – Amendment to the Cooperative Agreement (AFN 356.4 and SA-6) June 26, 2023
DISCUSSION – Continued
The Cooperative Agreement between the City and the Successor Agency from 2013 did not specifically incorporate the contracting authority in the Bellflower Municipal Code for the City Manager/Executive Director into the document. The proposed amendment to that Cooperative Agreement would make it apparent that the Executive Director to the Successor Agency has the same contracting authority as the City Manager. Additionally, the proposed amendment would specifically direct the Executive Director to execute all contracts, in a form approved by the General Counsel, needed to complete the Successor Agency’s existing and future responsibilities.
ATTACHMENT
Draft First Amendment………………………..…………………...........................................3
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AMENDMENT NO. 1 TO
AFN 356.4 AND SA-6
This FIRST AMENDMENT is entered into this ____ day of June 26, 2023, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”) and the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF BELLFLOWER, a subdivision of the state of California (“SA”). This FIRST AMENDMENT (“Amendment”) amends AFN 356.4 and SA-6, dated May 13, 2013 (collectively, the “Agreement”). The Parties agree to amend the Agreement as follows:
1. SECTION 10 OF THE AGREEMENT. Section 10 of the Agreement is amended to read as follows:
“10. General/Miscellaneous. The parties agree no other instrument, including, but not limited to, any promissory note, is required to confirm, memorialize or effectuate the indebtedness memorialized by this Agreement.
a. The Agency agrees it shall comply with the City's personnel policies and administrative regulations in connection with its activities and obligations under this Agreement.
b. The City Manager (and Executive Director) is authorized to exercise the duties and responsibilities in Bellflower Municipal Code § 2.08.020 including, without limitation, executing contracts needed to implement this Agreement, and all related agreements or documents, in a form approved by the City Attorney (and General Counsel). This Section constitutes direction to the City Manager (and Executive Director) as contemplated by BMC § 3.28.050(B).
bc. To the extent this Agreement is inconsistent with any other agreements between the parties covering the same subject, this Agreement shall control.
cd. The parties have been advised of any and all potential conflicts of interest that may occur due to the same counsel representing both parties to this Agreement, and both parties waive any and all such conflicts.”
2. 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.
3. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the parties.
There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
4. 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
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engage in the actions described herein. This Agreement may be modified by written amendment.
CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. SA’s executive director, or designee, may execute any such amendment on behalf of SA.
5. ACCEPTANCE OF ELECTRONIC SIGNATURES. 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 electronically in accordance with Government Code § 16.5. Such electronic signature will be treated in all respects as having the same effect as an original signature.
6. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed WILL irrespective of the date of its execution of delivery be deemed an original, and all such counterparts together constitute one and the same instrument.
7. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BELLFLOWER SUCCESSOR AGENCY
_________________________________ ____________________________ Jeff Stewart, Jeff Stewart,
City Manager Executive Director
ATTEST: ATTEST:
_____________________________ _____________________________ Mayra Ochiqui, Mayra Ochiqui,
City Clerk Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
_____________________________ _____________________________ Karl H. Berger, Karl H. Berger,
City Attorney General Counsel