Agenda packet — Bellflower City Council, May 28, 2024 (part 3 of 3)

TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works SUBJECT:Consideration and possible action to award a contract to Doug Martin Contracting Company, Inc., for Placing of Slurry Seal on Various Streets Including City-Owned Alleyways (Specifications No. 23/24-02); and authorize the City Manager to execute a contract with Doug Martin Contracting Company, Inc., in a form approved by the City Attorney.

DATE:May 28, 2024

EXECUTIVE SUMMARY
This action would award a contract to Doug Martin Contracting Company, Inc. (Doug Martin), to perform the work described in the Specification documents for the Placing of Slurry Seal on Various Streets Including City-Owned Alleyways (the Project).

RECOMMENDATION TO CITY COUNCIL
1) Award a contract to Doug Martin for the Project and authorize the City Manager to execute a contract with Doug Martin, in a form approved by the City Attorney; or 2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
Doug Martin submitted the lowest responsive bid in the amount of $480,147. The Engineer’s estimated cost plus contingency to perform the work was $562,000. Funds are budgeted in Account Nos. 115-42320-9000 (Measure M Fund Slurry Contract) and 140-42320-9000 (Gas Tax Slurry Contract).

DISCUSSION
This is the annual slurry seal project at various locations Citywide. The following areas are included in this year’s project:
1) Foster Road on the north, Rosecrans Avenue on the south, Clark Avenue on the east, and Lakewood Blvd. on the west (excluding all perimeter Arterial roadways).
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Staff Report – Award of Contract – Spec. No. 23/24-02
May 28, 2024

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DISCUSSION – Continued
2) Somerset Boulevard on the north, Alondra Boulevard on the south, San Gabriel River on the east, Woodruff Ave. on the west (excluding all perimeter Arterial roadways).
3) Artesia Boulevard on the north, south City limits on the south, Palo Verde Avenue on the east, Clark Avenue on the west (excluding all perimeter Arterial roadways).
4) All City owned alleyways within the City of Bellflower.

On April 8, 2024, the City Council adopted Resolution No. 24-17 authorizing solicitation of bids. The City advertised Specifications No. 23/24-02 for bids in accordance with BMC Section 3.28.090. Five bids were submitted at the formal bid opening on May 2, 2024. The names of those bidders and their bid amounts are listed below:

BIDDER BID PRICE
Doug Martin Contracting Company, Inc.$480,147.00
American Asphalt South, Inc.$595,825.84
Pavement Coatings Co.$629,694.00
Roy Allan Slurry Seal, Inc.$688,373.02
All American Asphalt $717,640.00

BID ANALYSIS
Doug Martin submitted a complete bid package. Staff has verified its contractor’s license status, references, and registration with the Department of Industrial Relations.

Doug Martin is qualified to perform the work described and has fulfilled the requirements set forth in the Specification documents. Staff concludes Doug Martin is the lowest responsive and responsible bidder and recommends that the City Council award a contract to Doug Martin.

SPECIFICATIONS
The Specification documents are available for public inspection at the Public Works Department Office, 9944 Flora Vista Street, Bellflower, California until completion of the Project and, subsequently, as official records, will be maintained by the City Clerk’s Office.

ENVIRONMENTAL REVIEW
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). -2-

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TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Brian McNerney, Interim Director of Public Safety

SUBJECT: Consideration and possible action to waive further reading and adopt Ordinance No. 1431 – An Ordinance amending Bellflower Municipal Code (“BMC”) Chapter 8.16 regulating fireworks in accordance with Government Code §§ 51306, et seq.

DATE: May 28, 2024

EXECUTIVE SUMMARY

Ordinance No. 1431 was introduced on May 13, 2024. Second reading and adoption is recommended. If adopted, the ordinance will take effect in 30 days.

RECOMMENDATION TO CITY COUNCIL

1) Waive further reading and adopt Ordinance No. 1431; or

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

FISCAL IMPACT

None.

ATTACHMENTS

Ordinance No. 1431 ........................................................................................................ 2 May 13, 2024, Staff Report (Without Attachments) ...................................................... 14 1 «‘1 01: BELLFLOWG
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CITY OF BELLFLOWER

ORDINANCE NO. 1431

AN ORDINANCE AMENDING SECTIONS OF CHAPTER 8.16 OF THE

BELLFLOWER MUNICIPAL CODE GOVERNING FIREWORKS TO

PROVIDE DEFINITIONS AND CLARIFY VIOLATIONS ARE BASED IN

STRICT LIABILITY

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

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

A. In 1958, the City Council adopted Ordinance 29, which, among other things, established regulation of fireworks within the City. Except for renumbering the code sections under Chapter 8.16, these regulations have remained largely unchanged.

B. Particularly heavy rainfall has resulted in an increased amount of overgrown vegetation, which is a dangerous source of fuel for uncontrolled fires and exacerbates existing fire concerns.

C. Holding accountable those responsible for the unlawful use of fireworks in violation of Chapter 8.16 of the Bellflower Municipal Code (“BMC”) is an essential part of the City’s efforts to promote the safe use of fireworks over the July 4 holiday.

D. Appeals to superior court of citations issued by City staff to property owners and tenants for violations of the City’s fireworks laws have become increasingly challenging for Staff, as the court frequently applies a knowledge and intent element to the offenses where strict liability is the appropriate standard.

E. This Ordinance seeks to clearly define when property owners and tenants are responsible for the unlawful use of fireworks by others who are gathered at or otherwise associated with, the responsible person’s property. It further seeks to make it unequivocally clear that violations of the City’s fireworks laws are based in strict liability and require no knowledge or intent element to be liable.

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Ordinance No. 1431

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SECTION 2. Chapter 8.16 of the BMC is revised to read as follows:

Chapter 8.16

REGULATING FIREWORKS

§8.16.010 Fireworks.Intent and Purpose.

This chapter shall govern the sale, offer for sale, use, discharge, firing, storage, handling, and use of or possession of fireworks. It is unlawful for any person to sell, offer for sale, have in his/her possession, store, fire, set off, discharge or use, or cause or permit to be sold, offered for sale, stored or possessed by such person, fired, set off, discharged or used, any fireworks unless such fireworks are classified as "safe and sane" by the State Fire Marshal (referred to as "safe and sane fireworks" in this chapter) and unless in addition all terms and provisions of the State Fireworks Law contained in Part 2 of Division 11 of the Health and Safety Code of the State of California and all provisions of this chapter are complied with. Nothing herein contained shall prohibit the public display of fireworks as authorized by Section 8.16.070 of this Code subject to the terms and provisions of the State Fireworks Law.

§ 8.16.020 Violation—Strict liability.

Violations of this chapter are strict liability offenses regardless of intent or personal knowledge of any other persons engaging in any violation of this chapter. Any person, firm, corporation or other entity that violates any portion of this chapter is subject to the enforcement provisions of Chapter 1.08 of this Code, unless otherwise stated.

§ 8.16.030 Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of words and phrases used in this chapter:
“Responsible Person” means any person with control, possession, ownership or other legal rights to real property that is the subject of, or associated with, any act prohibited by this chapter, whether or not present during a violation. This includes, without limitation, any responsible person who allows or invites others to gather on a parcel of property that the person owns, possesses, or controls, or who organizes, supervises, officiates, conducts, controls, or is otherwise in charge of an activity on the property. “Firework” means and includes:

1. Any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, whether manufactured, homemade or improvised;

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Ordinance No. 1431

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2. Fireworks classified by the State Fire Marshal as “dangerous fireworks” and as “safe and sane fireworks” pursuant to California Health and Safety Code Sections 12561 and 12562;

3. Any pyrotechnic device for which the State Fire Marchal requires a license to manufacture, sell, transport or operate; and

4. Firecrackers, torpedoes, skyrockets, Roman candles, cherry bombs, sparklers, chasers, snakes or other fireworks of like or similar construction and any fireworks containing any explosive or flammable compound or substance.

“Law Enforcement” means any sworn peace officer as defined by California Penal Code section 830.1 or any person designated by the City Manager to enforce this Code.

§ 8.16.040 Fireworks.

A. Notwithstanding the provisions of this Code or the Fire Code to the contrary, safe and sane fireworks may be sold within the City of Bellflower between the hours of 8:00 a.m. and 10:00 p.m. on the days of July 1, July 2, and July 3, and between the hours of 8:00 a.m. and 12:00 midnight on July 4 provided a permit has been first obtained pursuant to this chapter to do so and further provided that the terms and provisions of this Code and the State Fireworks Law are complied with at all times.

B. It is unlawful for any person to fire, set off, discharge or use, or cause or permit to be fired, set off, discharged or used any fireworks except that safe and sane fireworks may be fired, set off, discharged or used during the period between 10:00 a.m. and 11:00 p.m. on the days of July 1, July 2, July 3, and July 5, and between the hours of 10:00 a.m. and 12:00 midnight on July 4.

C. It is unlawful for any person to have in his/her possession any fireworks at any time of the year except from 8:00 a.m. on July 1 through 12:00 midnight on July 5, except that the storage within an enclosed structure of safe and sane fireworks for personal use which have been sold as a single retail package or portion thereof shall not constitute possession for purposes of this chapter. The provisions of this chapter are not applicable to public agencies or manufacturers or suppliers of fireworks for public display or storage.

Organizations to which permits have been issued may accept delivery of fireworks for stocking purposes no more than 24 hours prior to the time allotted for fireworks sales.

D. Except as provided in Section 8.16.070 8.16.100 of this Code, no person shall possess, transport, buy, offer to buy, sell, offer to sell, give, receive, fire, set off, discharge or use any fireworks not classified as "safe and sane" by the State Fire Marshal.

E. It is unlawful for any child under the age of 16 years to possess, transport, buy, offer to buy, sell, offer to sell, give, receive, fire, set off, discharge or use any fireworks classified as "safe and sane" by the State Fire Marshal, except in the presence of that child's parent, guardian or other adult person acting in loco parentis. 4 City of Bellflower
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F. No person shall possess, transport, buy, offer to buy, sell, offer to sell, give, receive, fire, set off, discharge or use any safe and sane fireworks in a manner likely to cause injury to life or property.

G. No person acting as the parent, guardian or other adult person acting in loco parentis for a child under the age of 16 years shall permit that child to possess, transport, buy, offer to buy, sell, offer to sell, give, receive, fire, set off, discharge or use any safe and sane fireworks in a manner likely to cause injury to life or property.

H. No person shall sell, offer to sell, give, or otherwise transfer any safe and sane fireworks to any child under the age of 16 years, except for a child accompanied by the parent, guardian or other adult person acting in loco parentis of that child.

I. Responsible person liability:

1. A responsible person is strictly liable for any violation of this chapter that occurs during a gathering on property that the responsible person owns, possesses, or controls, or in the public right-of-way immediately adjacent to property that the responsible person owns, possesses, or controls, when the responsible person is present at, or has knowledge of, the gathering.

2. A responsible person is subject to administrative citation for any violation under this chapter, regardless of personal intent or awareness of the violations.

3. It is a rebuttable presumption that any prohibited act under this chapter conducted in the public right-of-way or any public property by any person is attributable to the responsible person where such violation is conducted immediately adjacent to the responsible person’s private property.

4. A responsible person is not liable for the acts of others who violate this chapter, if the responsible person is the first to report such violations to law enforcement or fire officials for immediate assistance and before the violations are witnessed by law enforcement or fire officials.

§ 8.16.020 Permits for Sale of Safe and Sane Fireworks. § 8.16.050 Permits for Sale of Safe and Sane Fireworks.

Commencing in 2003, all applications for permit to sell at retail safe and sane fireworks shall comply with and be governed by the provisions of the State Fireworks Law and, in addition, shall be governed by the following:

A. The Director of Community Development Director of Planning and Building Services shall solicit a letter of intent in accordance with Subsection B of this section from all prior year permit holders and those on the waiting list on or prior to the first day of January in each year. Such solicitation shall be by certified mail.

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B. Each interested party, including prior year permittees and those on the waiting list, shall provide a letter of intent to apply for a current year permit on or prior to the first day of February in each year. Only those parties that provide such a letter of interest are eligible to apply for a permit.

C. All interested parties, who have previously submitted the required letter of intent, shall submit an application to sell at retail safe and sane fireworks on or prior to the first day of April in each year.

D. Each application shall set forth:

1. The proposed location of the fireworks stand.

2. The total amount of any compensation required to be paid to a property owner or manager for the cost of renting a location for the fireworks stand.

3. The principal and permanent meeting place of the applicant organization, the address of the meeting place and the day and time of the meeting.

4. The details of the intended charitable use of the proceeds from the sale of fireworks in a form acceptable to the Director of Community Development Director of Planning and Building Services.

5. At or before the time of issuance of permit the applicant will deliver to the City public liability insurance and products liability insurance, bonds or riders, designating the City as an additional insured, in the minimum amount of one million dollars ($1,000,000.00) per person, one million dollars ($1,000,000.00) per accident, and one million dollars ($1,000,000.00) property damage.

6. The applicant’s State Board of Equalization resale number.

7. The applicant’s retail fireworks license issued by the State Fire Marshal.

8. Such other information as deemed appropriate by the Director of Community Development Director of Planning and Building Services.

9. The signature of an authorized representative of the applicant attesting under penalty of perjury that the information contained in the application is true and correct.

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E. Each application must be accompanied by:

1. An application processing fee. Except as otherwise provided by applicable law, all fees applicable to this chapter, excluding business license taxes and fees, will be established by City Council resolution. Such charges will be determined by the department and be based on the actual cost incurred by the City in providing services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and the use of any and all City equipment, and supplies.

2. A copy of the agreement with the landowner and fireworks supplier.

3. A diagram showing the exact location of the stand in relation to adjacent streets and any other structures on the lot or adjacent lots, and onsite traffic circulation.

4. A list containing a minimum of 20 of the organization’s members who either reside in the City, are employed in the City, or are owners or operators of a business or other establishment located in the City, including their names, addresses, and telephone numbers, as of the date of the application.

5. An application for a miscellaneous building permit for location and erection of a temporary structure, accompanied by the requisite permit fees as determined by separate resolution of the City Council.

6. An application for an electrical permit for any stand using an electrical power source other than a portable generator, accompanied by the requisite permit fees as determined by separate resolution of the City Council.

7. A $150 cash bond to guarantee faithful performance of the terms and provisions of this chapter, refundable upon expiration of the permit and removal of the stand, less actual costs incurred by the City as a result of the permittee’s failure to perform.

§ 8.16.030 Prerequisites to Issuance of Permits.
§ 8.16.060 Prerequisites to Issuance of Permits.

Commencing in 2003, a permit to sell safe and sane fireworks may be issued or denied in the discretion of the City Council and subject to such other reasonable conditions as the City Council determines necessary to protect the public health, safety and welfare.

The City Council does hereby declare its intention to issue only a limited number of permits in order to prevent an unsightly or undue or unsafe concentration of fireworks stands. The following qualifications must be met in addition to the other requirements set forth in this chapter or in the State Fireworks Law, before a permit may be issued:

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Ordinance No. 1431

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A. Upon receipt of the report of the Fire Department, the City Council may issue permits to those persons or organizations determined by it to be responsible, and organized and existing as nonprofit or tax exempt associations as recognized by the State of California or the Internal Revenue Code primarily for patriotic, veteran, civic betterment, religious, welfare, youth or charitable purposes. No permit shall be issued to other than adult persons.

B. The applicant must be an organization which meets all of the following criteria: 1) it has its principal and permanent meeting place in the City; 2) it must have been organized and established in the City for a minimum of one year continually preceding the filing of the application for the permit; and 3) such organization must have a bona fide membership of at least 20 members who either reside in the City, are employed in the City, or are owners or operators of a business or other establishmen t located in the City.

C. There shall be not more than one stand per permittee. Only one permit shall be issued for any parent, principal, or master group or organization unless the City Council finds in a given case, because of the circumstances of the stand location or other factors, the intent of this chapter will not be defeated by issuing more than one permit. The intent of this requirement is to limit applicants, who otherwise qualify, to one permit as to each such parent or principal group or organization and to eliminate any one principal or parent group or association from having permits issued to associate, derivative, ancillary, subsidiary or support groups or entities. Nothing in this chapter shall prohibit more than one group or organization meeting all qualifications specified in this chapter from jointly applying for a fireworks permit. In such case, however, only a single permit will be issued, and no organization not previously having obtained a permit in its own right shall derive any independent right to a separate permit or to its partner organization(s)’ rights in the event a partner organization shall cease operating a stand.

D. The maximum number of permits that may be issued pursuant to this chapter during any one calendar year shall not exceed 17 in 2002 and 14 commencing in 2003.

Applications for a permit shall be heard and considered by the City Council. Except for grandfathered permits pursuant to Subsection E of this section, if the City Council should determine that there are more than 17 applications in 2002 and 14 applications commencing in 2003 which are qualified for permits, the vacancy will be filled by the next qualified applicant in the order received on the waiting list maintained by the Director of Community Development Director of Planning and Building Services.

E. Those organizations which obtained a permit in the year 2002 may, notwithstanding the provisions of Subsection (D) of this section, in the discretion of the City Council, be issued a permit until such time that said organization does not received a permit in a given year, or had such a permit revoked per Section 8.16.060(I) 8.16.090(I) of this Code, provided that the organization is qualified and is in substantial compliance under all other sections of this chapter to hold a permit for a fireworks stand.

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Ordinance No. 1431

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F. The Director of Community Development Director of Planning and Building Services shall establish and maintain a waiting list, in the order received, of those organizations that have expressed an interest in obtaining a permit for the sale of safe and sane fireworks when a permit becomes available.

§ 8.16.040 Operation of Stand.
§ 8.16.070 Operation of Stand.

A. Every fireworks stand shall be staffed only by members of the permittee organization(s), members of their immediate families, or volunteers and no person below the age of 18 years shall at any time be or be permitted inside of said stand or to assist in the handling or sale of fireworks.

B. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.

C. Every organization shall be responsible to make certain that every person selling fireworks from that organization's stand shall distribute with each sale a flier from the City containing information on laws and corresponding penalties concerning fireworks.

It will be the responsibility of every organization to obtain a sufficient number of fliers from the City.

§ 8.16.050 Temporary Fireworks Stands.
§ 8.16.080 Temporary Fireworks Stands.

All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited.

Temporary stands shall be subject to the following provisions:

A. No fireworks stand shall be located within 25 feet of any other building, or within 15 feet of any street curb line, or within 100 feet of any premises where flammable liquids are dispensed. For purposes of this section, "dispensed" shall mean the removal of a flammable liquid from one container and its transfer to another.

B. Fireworks stands as temporary structures shall not be subject to the terms and provisions of the Building Code applicable to the construction of permanent structures or buildings, provided, however, that all such stands are erected under the supervision of the Building Official, who shall require such stands to be constructed in a manner which will reasonably insure the safety of attendants and patrons. All utilities s hall be installed and maintained in accordance with the Building Code.

C. No stand shall have a floor area in excess of 400 square feet.

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Ordinance No. 1431

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D. Each stand must have at least two exits; and each stand in excess of 24 feet in length must have at least three exits, spaced approximately equal distant apart; provided, however, that in no case shall the distance between the exits exceed 12 feet.

E. Each stand shall be provided with two 2.5-gallon water-type fire extinguishers, in good working order and easily accessible for use in case of fire.

F. No vehicle will be permitted to park within 25 feet of the stand.

G. Notwithstanding any other provisions of this Code, fireworks stands may be established only in the General Commercial (CG) and Light Industrial (Ml) zones, as further described in Title 17 of this Code, and in no other zone even if the provisions of those zones are incorporated by reference, except that a permittee may establish a fireworks stand on that permittee's property provided that the property abuts a primary arterial street as defined in the Circulation Element of the Bellflower General Plan, and the stand is located no closer than 200 feet from a residential dwelling.

H. All fireworks stands shall be so located as to provide safe and reasonable ingress and egress thereto and to comply with the other provisions and terms of this section.

Said stands shall be located substantially at that place indicated on the approved permit for such fireworks stand.

I. Commencing in 2003, the total amount of any compensation paid by an organization to a property owner or manager for the cost of renting a location for placement of a fireworks stand shall not exceed $1,000 in any one year, whether paid in cash or merchandise and whether paid by the organization or other party, including a company distributing fireworks. Every five years, a cost of living adjustment (COLA) equal to the change in the Consumer Price Index between the base year index and the fifth year following the base year index for All Urban Consumers in the Los Angeles- Riverside-Orange County area will be applied to increase the maximum allowed rent.

The initial base year index will be June 2002, and will be revised every five years thereafter to June of the year in which the most recent COLA was applied. The COLA in any five year period will be rounded to the nearest multiple of $25, not to exceed 15%, and no negative COLA shall be applied.

§ 8.16.060 General Requirements for Permittees.
§ 8.16.090 General Requirements for Permittees.

A. Stands shall not be located closer than 500 feet apart, and no more than two stands shall be located on the same parcel of property. Those persons or organizations having a continuous agreement with a property owner since the year 2001 for a site which does not comply with this distance requirement may, in the discretion of the City Council, continue to utilize such site until such time that the use has been suspended or discontinued in any given year.

B. All weeds and combustible material, not including structures, shall be cleared from the location of the stand, and for a distance of at least 100 feet surrounding the stand. 10 City of Bellflower
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C. "No smoking" signs shall be prominently displayed in four inch letters, both inside and outside the fireworks stand. No person shall smoke or burn any cigarettes, cigars, pipes or things within such stand or within a distance of 20 feet surrounding such stand.

D. A sign shall be posted on the outside of each fireworks stand stating "FIREWORKS SHALL NOT BE SOLD TO PERSONS UNDER 16 YEARS OF AGE." Letters shall not be less than three inches in height.

E. Each stand must have an adult, 21 years of age or older, watchman or attendant in attendance and in charge thereof at all times while fireworks are stored therein. No cooking, living or sleeping facilities shall be established or maintained within any stand.

No watchman or guard shall sleep inside any such stand.

F. All unsold stock and accompanying litter shall be removed from the location by 12:00 noon on the fifth day of July.

G. No fireworks stand shall be installed prior to 12:00 noon on June 21 and each such stand shall be removed from the temporary location by 12:00 noon on the tenth day of July and all accompanying litter, debris, building materials, utility connections, and o ther facilities or equipment or materials shall be cleared from said location by said time and date.

H. All permits and licenses shall expire at 12:00 midnight on the fourth day of July each year.

I. Any permit or license shall be subject to immediate suspension by order of the Director of Community Development Director of Planning and Building Services if he or she or his/her duly authorized deputy has determined that any permittee has failed to comply with the terms and provisions of this Code or any condition of the permit. Within 24 hours of the suspension, the City Manager or his/her designee shall hold a hearing to receive evidence from the Los Angeles County Sheriff's Department, Los Angeles County Fire Department, Director of Community Development Director of Planning and Building Services or his/her designee and/or the permittee, and determine the facts of the case. Any such permit or license may be revoked by the City Manager when it is found and determined that a permittee has failed to comply with the terms and provisions of this Code or with any of the conditions of said permit or where the City Manager has found and determined that the preservation of the public health, safety, peace and welfare demand revocation of said license or permit, or where a permit or license has been granted on false or fraudulent evidence, testimony or application. In all such cases, the decision of the City Manager will be final.

J. No less than 100% of the gross proceeds derived from the sale of fireworks in the City, less only expenses related to the cost of purchasing the fireworks actually sold and costs incurred in complying with this chapter, shall be spent to benefit patriotic, veteran, civic betterment, religious, welfare, youth or charitable purposes. An accounting of gross receipts, all expenditures and the use of the net profits, along with a copy of the corresponding State sales tax report, shall be presented to the Director of Community Development Director of Planning and Building Services no later than April 1 of the following year. Said report must be in a format acceptable to the Director of Community Development Director of Planning and Building Services . Organizations failing to submit an acceptable accounting, both as to form and content, may be denied a permit. 11 City of Bellflower
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§ 8.16.070 Public Display of Fireworks.
§ 8.16.100 Public Display of Fireworks.

Notwithstanding the provisions of Sections 8.16.010 through 8.16.060 8.16.090 of this Code, public display of fireworks, as defined in the State Fireworks Law, may be conducted subject to all of the terms and provisions therein contained provided that a permit therefor has been granted by the City Council. Such public displays, in a ddition, shall be subject to all rules and regulations contained in the Fire Code.

SECTION 3. Environmental Assessment. The City Council finds that the Ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines §15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Adopting this Ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings. This Ordinance would not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.

SECTION 4. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the BMC or other regulation by this Ordinance will be rendered void and cause such BMC provision or other regulation to remain in full force and effect for all purposes.

SECTION 5. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the subject matter. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 6. Limitations. The City Council’s analysis and evaluation of the subject matter is based on the best information currently available. It is inevitable that, in evaluating a subject matter, absolute and perfect knowledge of all possible aspects of the subject matter will not exist. One of the major limitations on analysis of the subject matter is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National p roblems and issues.

The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 7. Preservation. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

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

SECTION 9. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 10. Effective Date. This Ordinance will become effective on the 30th day following its passage and adoption.

ORDINANCE NO. 1431 HAD ITS FIRST READING ON MAY 13, 2024, ITS SECOND READING ON MAY 28, 2024, AND WAS DULY PASSED, APPROVED, AND

ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF MAY 28, 2024.

Dan Koops, Mayor
ATTEST:

_____________________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

Karl H. Berger, City Attorney

______________________________________
Timothy E. Campen, Assistant City Attorney

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TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Brian McNerney, Interim Director of Public Safety

SUBJECT: Consideration and possible action to adopt Urgency Ordinance No. 1430 – An Urgency Ordinance amending Bellflower Municipal Code (“BMC”) Chapter 8.16 regulating fireworks in accordance with Government Code §§ 51306, et seq.; and read by title only, waive further reading and introduce Ordinance No. 1431 – An Ordinance amending Bellflower Municipal Code (“BMC”) Chapter 8.16 regulating fireworks in accordance with Government Code §§ 51306, et seq.

DATE: May 13, 2024

EXECUTIVE SUMMARY

Chapter 8.16 of the BMC regulates the use, sale, and possession of safe and sane fireworks as well as those designated as non-safe and sane. The proposed urgency and regular ordinance would amend BMC Chapter 8.16 to define a responsible person and the liability a responsible person has when a violation is committed under BMC Chapter 8.16.

RECOMMENDATION TO CITY COUNCIL

1) Adopt Urgency Ordinance No. 1430 establishing BMC Chapter 8.16 as a strict liability violation and a responsible person’s liability to violations committed under the section, and creating a definition of a responsible person; and

2) Read by title only, waive further reading, and introduce Ordinance No. 1431 establishing BMC Chapter 8.16 as a strict liability violation and a responsible person’s liability to violations committed under the section, and creating a definition of a responsible person; or

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

FISCAL IMPACT

There are no identifiable fiscal impacts associated with the proposed actions. Second reading and adoption of the regular Ordinance would occur at the May 28, 2024, City Council Meeting.
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Staff Report – Amendment of BMC Chapter 8.16
May 13, 2024

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DISCUSSION

The City continues to face threats to public health and safety due to the unlawful use of fireworks in the community. Illegal fireworks pose an ongoing concern in the weeks leading up to and during the Fourth of July celebration. The heavy rainfall this past winter has further resulted in an increased amount of overgrown vegetation throughout the region, which dries out as summer approaches and enhances the risk to property and public safety. In order to reduce these threats, the City Attorney recommends making the below listed changes to the BMC.

Beginning in 2021, staff developed a strategy of issuing citations to property owners when enforcement personnel have evidence that an illegal firework was discharged from their private property or in the immediately adjacent public right-of-way by an individual associated with their property. This appears to be having a positive deterrent effect with fewer repeat offenders from year to year.

In the most recent batch of citations being appealed in Superior Court, Public Safety struggled to fully enforce the BMC’s regulation of the illegal use of fireworks. The court has repeatedly applied an intent element to property owners and tenants for the illegal use of fireworks in a way never intended by the City. Based on feedback from Superior Court judges and the loss of multiple cases on these grounds, it is apparent that a modification of the BMC is necessary.

The proposed changes to the BMC include making it unequivocally clear that violations of the City’s fireworks laws are based in strict liability and require no intent element to be liable. This clarification will help the public better understand these laws, assist judges with their proper application in court, and promote public safety by discouraging the illegal use of fireworks. Should the City Council adopt the recommended BMC changes, a citywide mailer will be distributed with the CR&R’s trash bill before the Fourth of July advising of the amendment. Notice will also be posted on the City’s website and at City facilities.

Because the proposed regular Ordinance, if adopted, would not take effect at best until mid-July 2024, missing the upcoming Fourth of July celebration, it is recommended that the City Council also adopt an Urgency Ordinance – which would take effect immediately – to protect public health and safety leading up to and during the holiday.

ATTACHMENTS

Urgency Ordinance No. 1430 .......................................................................................... 3 Regular Ordinance No. 1431 ......................................................................................... 15 15 14-J
TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Jim DellaLonga, Director of Economic Development

SUBJECT: Consideration and possible action to receive and file Lease Agreement File No. 1047 with KaziRokz LLC for lease of property at 16552 Bellflower Boulevard, also known as Kiosk B.

DATE: May 28, 2024

EXECUTIVE SUMMARY

In March 2024, Millennial Threadz vacated the City-owned property located at 16552 Bellflower Boulevard, also known as Kiosk B. On May 15, 2024, the City entered into Lease Agreement File No. 1047 with KaziRokz LLC, which sells skincare products and handmade crafts. The purpose of this agreement is to allow KaziRokz LLC to use Kiosk B as a retail store. The lease term begins on June 1, 2024.

RECOMMENDATION TO THE CITY COUNCIL

1) Receive and File Lease Agreement File No. 1047; or

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

FISCAL IMPACT

For the first six full calendar months of the Lease, KaziRokz LLC is required to pay a monthly lease fee of $150. Starting with month seven through month 12, KaziRokz LLC is not required to pay a monthly lease fee for use of the kiosk. Resuming at month 13, KaziRokz LLC is required to pay $150 to the City for the remaining 12 months of the Lease.

DISCUSSION

On April 25, 2016, the City Council approved the guidelines and incentives for the Kiosk Small Business Program to encourage entrepreneurs to submit application s and business proposals. During the Spring 2024 submission period, a total of 8 proposals were received for the Kiosk B vacancy. Economic Development Department staff independently reviewed and scored each proposal. After the scores were tallied, staff determined that KaziRokz LLC scored the highest of the proposals submitted and the Economic Development Department offered them the lease space. KaziRokz LLC will sell natural skincare products and handsewn items from Kiosk B. KaziRokz LLC has participated as a regular vendor at many Farmers Markets, including our City’s market, is a graduate of the City’s 37 Oaks Retail Readiness online entrepreneurial training program, and will use Kiosk B for walkup retail purchases, online sales pick up and package preparation for mailing.

ATTACHMENT

Agreement File No. 1047 ................................................................................................ 2

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DocuSign Envelope ID:58814139-BB16-4F94-AD01-D0234864E270 AGREEMENT FILE NO. 1047

LEASE AGREEMENT

BETWEEN

THE CITY OF BELLFLOWER AND

KAZIROKZ LLC

FOR USE OF CITY'S PROPERTY LOCATED AT
16552 BELLFLOWER BLVD. UNIT B, BELLFLOWER CA 90706
THIS LEASE is entered into this 151h day of May 2024, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city CITY") and KaziRokz LLC, a California Limited Liability Company LESSEE").

1. RECITALS. This Lease is made with reference to the following facts and objectives:

A. CITY is the owner of commercial real property identified. CITY desires to lease the real property to LESSEE as part of the CITY's kiosk promotion.

B. LESSEE is a corporation that desires to lease the commercial real property from CITY pursuant to the terms and conditions outlined in this lease.

2. LEASE; DESCRIPTION OF PROPERTY. CITY leases to LESSEE to use, on the terms and conditions of this Lease, portions of real property identified as 16552 Bellflower Blvd., Kiosk B ("Property"), which is incorporated by reference.

3. RENT. LESSEE agrees to pay to CITY as rental for the Property the sum of one hundred fifty dollars ($150.00) each month, payable in advance on the first day of each month during the term.

A. For the first month of the term of this Lease, and for each of the five months that follow, LESSEE must pay the CITY the full amount of rent as described above.

B. Commencing on the seventh month of the term of this Lease, and for each of the five months that follow, LESSEE need not pay any rent to the CITY.

C. Commencing on the thirteenth month of the term of this Lease (i.e., the first month of the second year of the term of the Lease), and for each month that follows until the Lease is terminated, LESSEE must pay the CITY the full amount of rent as described above.

4. TERM. The initial term of this Lease is for two (2) years, commencing on June 1, 2024 ("Initial Lease Term"). Provided that LESSEE is not in default in the performance of this Lease, upon the expiration of the Initial Lease Term, the term will continue as a month-to-month tenancy. The LESSEE may only terminate their Lease on the last day of any month and the CITY must receive a written notification of non-renewal at least 30 days prior to the last day of that month. If the LESSEE plans to leave on or after the first day of any month, they are responsible for that month's full rent.

Page 2 of 14 ends

DowSIon Envelope ID: 58814138816-4FWADOI-00234364E270
AGREEMENT FILE NO. 1047
LEASE AGREEMENT _

BETWEEN

THE CITY OF BELLFLOWER AND

KAZIROKZ LLC
FOR USE OF CITY’S PROPERTY LOCATED AT
16552 BELLFLOWER BLVD. UNIT B, BELLFLOWER CA 90706
THIS LEASE is entered into this 15th day of May 2024, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY") and KaziRokz LLC, a California Limited Liability Company (“LESSEE”).

1. RECITALS. This Lease is made with reference to the following facts and objectives:

A. CITY is the owner of commercial real property identified. CITY desires to lease the real property to LESSEE as part of the ClTY's kiosk promotion.

B. LESSEE is a corporation that desires to lease the commercial real property from CITY pursuant to the terms and conditions outlined in this lease.

2. LEASE; DESCRIPTION OF PROPERTY. CITY leases to LESSEE to use, on the terms and conditions of this Lease, portions of real property identified as 16552 Bellflower Blvd-., Kiosk B (“Property”), which is incorporated by reference.

3. RENT. LESSEE agrees to pay to CITY as rental for the Property the sum of one hundred fifty dollars ($150.00) each month, payable in advance on the first day of each month during the term.

A. For the first month of the term of this Lease, and for each of the five months that follow, LESSEE must pay the CITY the full amount of rent as described above.

B. Commencing on the seventh month of the term of this Lease. and for each of the five months that follow, LESSEE need not pay any rent to the CITY.

C. Commencing on the thirteenth month of the term of this Lease (129., the first month of the second year of the term of the Lease), and for each month that follows until the Lease ls terminated, LESSEE must pay the CITY the full amount of rent as described above.

4. TERM. The initial term of this Lease is for two (2) years, commencing on June 1. 2024 (“Initial Lease Term”). Provided that LESSEE is not in default in the performance of this Lease, upon the expiration of the Initial Lease Term, the term will continue as a month-to-month tenancy. The LESSEE may only terminate their Lease on the last day of any month and the CITY must receive a written notification of non-renewal at least 30 days prior to the last day of that month. If the LESSEE plans to leave on or after the first day of any month, they are responsible for that month’s full rent.

DocuSign Envelope ID:58814139-BB16-4F94-AD01-D0234B64E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC

Page 2 of 8 ends

5. USE OF PROPERTY. Subject to the limitations listed below, LESSEE may use the Property for the commercial selling of natural skincare products, handsewn bags, and other related products. The Property may not be used for any other purpose.

6. UTILITIES; BELMONT COURT RESTROOM KEYS.

A. LESSEE is responsible directly to the serving entities for all utilities required for its use of the Property. "Utilities" means electricity, gas, telephone services, trash, water, and cable television.

B. LESSEE agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development and operation of the Property.

C. Except as stated in subsection B, LESSEE agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development and operation of the Property.

D. The LESSEE agrees to pay CITY a deposit of$50 for Belmont Court Restroom keys. This amount is refundable upon termination of the Lease.

7. TRASH AND GARBAGE. LESSEE will provide and pay all costs for the complete and proper disposal and timely removal of all refuse resulting from its operations. LESSEE will provide and use appropriate covered receptacles for all refuse at the Property. Piling boxes, cartons, barrels or other similar items in view of a public area will not be permitted. LESSEE is responsible for the proper disposal of its refuse in such a manner as not to contaminate or restrict sewer lines.

8. MAINTENANCE QUALITY. CITY's designees may, at any reasonable time and without notice, enter the Property to determine if satisfactory maintenance is being performed. If the quality of maintenance is unreasonable, CITY will provide written notice to LESSEE which includes the specific nature of the complaint.

Should LESSEE fail to improve and sustain quality maintenance within thirty (30) days of CITY's notice, CITY may enter upon the Property and perform such maintenance. LESSEE will promptly reimburse CITY for the cost of maintenance, plus ten percent (10%) for CITY's administrative overhead.

9. HAZARDOUS WASTE. CITY has not, nor, to CITY's knowledge, has any third party used, generated, stored, or disposed of, or permitted the use, generation, storage, or disposal of, any hazardous material (as defined below) on, under, or within the Property in violation of any law or regulation. LESSEE agrees that it will not use, generate, store, or dispose of any hazardous material (as defined below) on, under, or within the Property in violation of any law or regulation. LESSEE agrees to defend and indemnify CITY, as provided in this Lease, against any and all losses, liabilities, claims, and/or costs arising from any breach by LESSEE of any warranty or agreement contained in this section. As used in this section,

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DocuSign EnVIlopo ID: 55814139£B1HFWADO100234564E270
City of Beilflower
Agreement File No. 1047
Kalokz LLC

Page 2 of 8 ends

6. UTILITIES; BELMONT COURT RESTROOM KEYS.

A. LESSEE is responsible directly to the sewing entities for all utilities required for its use of the Property. “Utilities” means electricity, gas, telephone services, trash, water, and cable television.

8. LESSEE agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development and operation of the Property.

C. Except as stated in subsection B, LESSEE agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development and operation of the Property.

D. The LESSEE agrees to pay CITY a deposit of $50 for Belmont Court Restroom keys. This amount is refundable upon termination of the Lease.

8. MAINTENANCE QUALITY. ClTY's designees may, at any reasonable time and without notice, enter the Property to determine if satisfactory maintenance is being performed. If the quality of maintenance is unreasonable, CITY will provide written notice to LESSEE which includes the specific nature of the complaint.

Should LESSEE fail to improve and sustain quality maintenance within thirty (30) days of ClTY's notice, CITY may enter upon the Property and perform such maintenance. LESSEE will promptly reimburse CITY for the cost of maintenance, plus ten percent (10%) for ClTY’s administrative overhead.

9. HAZARDOUS WASTE. CITY has not, nor, to ClTY's knowledge, has any third party used, generated, stored, or disposed of, or permitted the use, generation, storage, or disposal of, any hazardous material (as defined below) on, under, or within the Property in violation of any law or regulation. LESSEE agrees that it will not use, generate, store, or dispose of any hazardous material (as defined below) on, under, or within the Property in violation of any law or regulation. LESSEE agrees to defend and indemnify CITY, as provided in this Lease, against any and all losses, liabilities, claims, and/or costs arising from any breach by LESSEE of any warranty or agreement contained in this section. As used in this section,

DocuSign Envelope ID:58814139-BB16-4F94-AD01-D0234864E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC

Page 3 of 8 ends

hazardous material" means any substance, chemical or waste that is identified as hazardous, toxic, or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos).

10.POSSESSORY INTEREST TAXES. LESSEE is informed by CITY pursuant to Revenue & Taxation Code § 107.6 that its property interest in the Property may be subject to property taxation if created and that LESSEE may be subject to the payment of property taxes levied on its interest. LESSEE may not deduct such amount from payments to CITY.

11.QUIET ENJOYMENT. CITY agrees that LESSEE, upon making payments to be paid by LESSEE under the terms of this Agreement and upon observing and keeping the agreements and each of the covenants of this Lease will lawfully and quietly hold, occupy, and enjoy the Property during the term of this Lease.

12.CITY'S LIMITED WARRANTY. CITY warrants that it is under no disability, restriction or prohibition, whether contractual or otherwise, with respect to its right to execute this agreement and perform its terms and conditions and has the legal right, power and authority to grant all of the rights granted herein.

13.TERMINATION. This Lease may be terminated as follows:

A. At the expiration of the term;
B. Upon mutual written agreement between the parties;
C. If either party gives thirty (30)days' written notice to the other of its intent to terminate this Lease;
D. Upon the Property being condemned; or
E. Should LESSEE materially breach this Lease and fail to cure such breach within thirty (30) days of being notified by CITY regarding such breach to CITY's reasonable satisfaction.

14.CONDITION OF PROPERTY UPON TERMINATION. Upon termination of this Lease for any reason, LESSEE will vacate the Property and deliver it to CITY in good order and condition, damage by the elements, earthquake, and ordinary wear and tear excepted.

15.SALE OR TRANSFER BY CITY. Should CITY, at any time during the term of this Lease, sell, lease, transfer, or otherwise convey all or any part of the Property to any transferee other than LESSEE, then such transfer will be under and subject to this Lease and all of LESSEE's rights hereunder.

16.CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu thereof, LESSEE acknowledges that it will have no claim to any

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Dunstan Envelope ID: “814139-3316-4F94-ADO1-DO234WEZ70
City of Bellflower
Agreement File No. 1047
Kalokz LLC

Page 3 of 8 ends

“hazardous material” means any substance, chemical or waste that is identified as hazardous, toxic, or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos).

10. POSSESSORY INTEREST TAXES. LESSEE is informed by CITY pursuant to Revenue & Taxation Code § 107.6 that its property interest in the Property may be subject to property taxation if created and that LESSEE may be subject to the payment of property taxes levied on its interest. LESSEE may not deduct such amount from payments to CITY.

11.0UIET ENJOYMENT. CITY agrees that LESSEE, upon making payments to be paid by LESSEE under the terms of this Agreement and upon observing and keeping the agreements and each of the covenants of this Lease will lawfully and quietly hold, occupy, and enjoy the Property during the term of this Lease.

12.CITY’S LIMITED WARRANTY. CITY warrants that it is under no disability, restriction or prohibition, whether mnhactual or otherwise, with respect to its right to execute this agreement and perform its terms and conditions and has the legal right, power and authority to grant all of the rights granted herein.

13.TERMINATION. This Lease may be terminated as follows:

A. At the expiration of the term;
B. Upon mutual written agreement between the parties;
C. If either party gives thirty (30) days' written notice to the other of its intent to terminate this Lease;
D. Upon the Property being condemned; or
E. Should LESSEE materially breach this Lease and fail to cure such breach within thirty (30) days of being notified by CITY regarding such breach to ClTY's reasonable satisfaction.

16.CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu thereof, LESSEE acknowledges that it will have no claim to any

DocuSign Envelope ID:58814139-BB16-4F94-ADO1-D0234B64E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC

Page 4 of 8 ends

compensation awarded for the taking of the Property or any portion thereof or for loss of or damage to LESSEE's improvements.

17.RELOCATION BENEFITS. LESSEE acknowledges that it was informed that CITY is a public entity and that the Property was previously acquired by CITY for a public purpose. LESSEE further acknowledges that any rights acquired under this Lease arose after the date of acquisition of the Property and that said rights are subject to termination when the Property is needed by CITY. LESSEE acknowledges that at the time of any termination of this Lease, LESSEE will not be a "displaced person" entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law.

18.NO PUBLIC PROJECT. All rights given to LESSEE pursuant to this Lease are for LESSEE's use of the public property identified herein. Any trespass, use, or other utilization of private property by LESSEE is done at its own risk; LESSEE is not an agent of CITY and this Lease is not intended, nor should it be construed, to constitute a public project.

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

20.NO FIXTURES. Improvements and facilities that currently exist or may be constructed during the term of this Lease will not constitute fixtures attached to the Property. Any such facilities may be removed by LESSEE upon termination of the Lease.

21.ALTERATIONS, MECHANICS' LIENS. Except as provided by this Lease, LESSEE will not make, or cause to be made, any alterations to the property, or any part thereof, without CITY's prior written consent. LESSEE will keep the property free from any liens arising out of any work performed, material furnished, or obligations incurred by LESSEE.

22.ASSIGNMENT AND SUBLETTING. This Lease may not be assigned, transferred, or sublet by LESSEE, court order, or through any other means. Any such purported transfer will be null and void.

23.HOLDOVER. If LESSEE holds possession of the Property after the initial term, or any option, expires, with CITY's written consent, LESSEE will become a tenant from month-to-month at the fair market rental rate per month. Such tenancy will be subject to all of the terms and conditions of this Lease.

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DocuSIgn Envelope ID: 568141398316-4F94-ADO1-DO2343ME270 City of Bellflower
Agreement File No. 1047
Kalokz LLC

Page 4 of 8 ends

compensation awarded for the taking of the Property or any portion thereof or for loss of or damage to LESSEE's improvements.

17. RELOCATION BENEFITS. LESSEE acknowledges that it was informed that CITY is a public entity and that the Property was previously acquired by CITY for a public purpose. LESSEE further acknowledges that any rights acquired under this Lease arose after the date of acquisition of the Property and that said rights are subject to termination when the Property is needed by CITY. LESSEE acknowledges that at the time of any termination of this Lease. LESSEE will not be a “displaced person” entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law.

18. NO PUBLIC PROJECT. All rights given to LESSEE pursuant to this Lease are for LESSEE’s use of the public property identified herein. Any trespass, use, or other utilization of private property by LESSEE is done at its own risk; LESSEE is not an agent of CITY and this Lease is not intended, nor should it be constmed, to constitute a public project.

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

20. NO FIXTURES. Improvements and facilities that currently exist or may be constructed during the term of this Lease will not constitute fixtures attached to the Property. Any such facilities may be removed by LESSEE upon termination of the Lease.

21.ALTERATIONS, MECHANICS’ LIENS. Except as provided by this Lease, LESSEE will not make, or cause to be made, any alterations to the property, or any part thereof, without CITY's prior written consent. LESSEE will keep the property free from any liens arising out of any work performed, material furnished, or obligations incurred by LESSEE.

22.ASSIGNMENT AND SUBLETTING. This Lease may not be assigned, transferred, or sublet by LESSEE, court order, or through any other means. Any such purported transfer will be null and void.

23. HOLDOVER. If LESSEE holds possession of the Property after the initial term, or any option, expires, with CITY's written consent, LESSEE will become a tenant from month-to-month at the fair market rental rate per month. Such tenancy will be subject to all of the terms and conditions of this Lease.

DocuSign Envelope ID:58814139-BB16-4F94-AD01-D0234B64E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC

Page 5 of 8 ends

24.INDEMNIFICATION.

A. LESSEE 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 Lease, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this Lease, or its performance, pursuant to this Lease, LESSEE will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers.

C. LESSEE expressly agrees that this hold harmless and indemnification provision is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.

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

E. The requirements as to the types and limits of insurance coverage to be maintained by LESSEE as required by Section 25 below, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by LESSEE pursuant to this Lease, including but

n
o
t
limited to the provisions concerning
indemnification.

25.INSURANCE. LESSEE must procure and maintain insurance of the type, for the period, with the coverages and limits, and in accordance with the terms, conditions, and requirements that follow:

A. LESSEE will provide Commercial General Liability and Broad Form General Liability insurance that meet or exceed the requirement of ISO Forms GL0002, GL0404 and CA0001, Code 1, respectively, in the most current State of California approved forms, in connection with LESSEE's performance in the amount of not less than 1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage for each policy coverage.

B. Commercial General Liability, Broad Form General Liability and Business Automobile Liability

p
o
l
i
c
i
e
s
required in this Lease will be
endorsed to name CITY, its officials, volunteers, and employees as additional insureds" under said insurance coverage, to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto, and to

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MSW Envolopo ID: 50814139681HF94—A001-00234364E270
City of Bellflower
Agreement File No. 1047
Kalokz LLC

Page 5 of 8 ends

24. INDEMNIFICATION.

A. LESSEE indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attomey’s fees), injuries, or liability, arising out of this Lease, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this Lease, or its performance, pursuant to this Lease, LESSEE will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section "ClTY' includes ClTY‘s officers, officials, employees, agents, representatives, and volunteers.

25. INSURANCE. LESSEE must procure and maintain insurance of the type. for the period, with the coverages and limits, and in accordance with the terms, conditions, and requirements that follow:

A. LESSEE will provide Commercial General Liability and Broad Form General Liability insurance that meet or exceed the requirement of ISO Forms GL0002, GL0404 and CA0001, Code 1, respectively, in the most current State of California approved forms, in connection with LESSEE's performance in the amount of not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage for each policy coverage.

B. Commercial General Liability, Broad Form General Liability and Business Automobile Liability policies required in this Lease will be endorsed to name CITY, its officials. volunteers, and employees as “additional insureds” under said insurance coverage, to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto, and to

DocuSign Envelope ID:58814139-BB16-4F94-AD01-D0234B64E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC

Page 6 of 8 ends

state that the policy(ies)will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

C. LESSEE will furnish to CITY a certificate of insurance, in the standard form required by CITY, duly authenticated, evidencing maintenance of the insurance required under this Lease and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of"A:VII."

26.COMPLIANCE WITH LAW. LESSEE will, at its sole

c
o
s
t
and expense, comply
with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction that LESSEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and LESSEE.

27.WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this Lease will not constitute a waiver of any further breach of the same or other term of this Lease.

28.INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LESSEE, or a general assignment by LESSEE for the benefit of creditors, or any action taken or offered by LESSEE under any insolvency or bankruptcy action, will constitute a breach of this Lease by LESSEE, and in such event this Lease will automatically cease and terminate.

29.NOTICES. 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 LESSEE: If to CITY:

Attention: Sheila Jackson Attention: Annika Miyashiro-Ruiz KaziRokz LLC. City of Bellflower
14730 Blaine Ave. #4 16600 Civic Center Drive
Bellflower, CA 90706 Bellflower, CA 90706
562) 688-5914 562) 804-1424
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

Page 7 of 14 ends

DowSlol'l Envelope ID: 5881413MB1HF94-ADO1-00234864E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC

Page 6 of 8 ends

state that the policy(ies) will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

C. LESSEE will furnish to CITY a certificate of insurance, in the standard form required by CITY, duly authenticated, evidencing maintenance of the insurance required under this Lease and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current AM. Best Company Rating equivalent to at least a Rating of “AMI.”

26. COMPLIANCE WITH LAW. LESSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction that LESSEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and LESSEE.

27.WAWER OF BREACH. Any express or implied waiver of a breach of any term of this Lease will not constitute a waiver of any further breach of the same or other term of this Lease.

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

If t9 LESSEE: If 0 Cl :

Attention: Sheila Jackson Attention: Annika Miyashiro-Ruiz KaziRokz LLC. City of Bellflower
14730 Blaine Ave. #4 16600 Civic Center Drive
Bellflower, CA 90706 Bellflower, CA 90706
(562) 688-5914 (562) 804-1424
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

DocuSign Envelope ID:58814139-BB16-4F94-AD01-D0234B64E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC

Page 7 of 8 ends

30.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.

31.GOVERNING LAW. This Lease has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Lease will be in Los Angeles County.

32.PARTIAL INVALIDITY. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Lease will remain in effect, unimpaired by the holding.

33.INTEGRATION. This instrument and its attachments constitute the sole agreement between CITY and LESSEE respecting the Property, the use of the Property by LESSEE, and the specified term, and correctly sets forth the obligations of CITY and LESSEE. Any Lease or representations respecting the Property or its licensing by CITY to LESSEE not expressly set forth in this instrument are void. There are no (0) attachments to this Lease.

34.CONSTRUCTION. The language of each part of this Lease will be construed simply and according to its fair meaning, and this Lease will never be construed either for or against either party.

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 Lease and to engage in the actions described herein. This Lease may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY.

36.COUNTERPARTS. This Lease may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.

SIGNATURES ON NEXT PAGE]

Page 8 of 14 ends

DowSign Envelope ID: ”814139-3316-4F94-ADO1-002343645270 City of Bellflower
Agreement File No. 1047
Kalokz LLC

Page 7 of 8 ends

30. 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.

31.60VERNING LAW. This Lease has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Lease will be in Los Angeles County.

32.PARTIAL lNVALlDlTY. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Lease will remain in effect, unimpaired by the holding.

33.INTEGRATION. This instrument and its attachments constitute the sole agreement between CITY and LESSEE respecting the Property, the use of the Property by LESSEE, and the specified term, and correctly sets forth the obligations of CITY and LESSEE. Any Lease or representations respecting the Property or its licensing by ClTY to LESSEE not expressly set forth in this instrument are void. There are no (0) attachments to this Lease.

34.CONSTRUCTION. The language of each part of this Lease will be construed simply and according to its fair meaning, and this Lease will never be construed either for or against either party.

35.AUTHORITYIMODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Lease and to engage in the actions described herein. This Lease may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY.

36.COUNTERPARTS. This Lease may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.
[SIGNATURES ON NEXT PAGE]

DocuSign Envelope ID:58814139-BB16-4F94-AD01-D0234B64E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC

Page 8 of 8 ends

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

CITY OF BELLFLOWER KaziRokz LLC.

DocuSigned by: DocuSigned by:
all
Faun S-KADA-
64DB90215FE4C5 617659EE591D4713_.

Ryan Smoot, City Manager Sheila Jackson
Owner, Kazirokz LLC.

ATTEST:

M ra chiqui, City CI r
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
Ephraim S. Margolin,
Deputy City Attorney

Page 9 of 14 ends

DowSign Enveiope iD: 58814139-BB1HF94—ADO1-00234mo
City of Beilflower
Agreement File No. 1047
Kalokz LLC

Page 8 of 8 ends

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

CITY OF BELLFLOWER KaziRokz LLC.

WM: WW:

M— Commasmmm...

Ryan Smoot, City Manager Sheila Jackson
Owner, Kazirokz LLC.

ATTEST:
chiqui, C ty Cl
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
ZAL
Ephraim S. Margoiin,
Deputy City Attorney

DocuSign
Certificate Of Completion
Envelope Id:58814139BB164F94AD01D0234B64E270 Status:Completed Subject:Sign with DocuSign:AFN 1047-KaziRokz LLC.pdf,AFN 1047-Affidavit-CGL Reduction Langu...

Source Envelope:

Document Pages: 10 Signatures:4 Envelope Originator:

Certificate Pages:5 Initials:0 City Clerk
AutoNav:Enabled 16600 Civic Center Drive
Envelopeld Stamping:Enabled 16600 Civic Center Drive
Time Zone:(UTC-08: 00)Pacific Time(US&Canada) Bellflower,CA 90706 [email protected]
IP Address:

Record Tracking
Status:Original Holder:City Clerk Location:DocuSign
5/15/2024 4:14:21 PM [email protected]
Signer Events Signature Timestamp
Sheila Jackson DocuSnedby Sent:5/15/2024 4:16:34 PM
[email protected] Viewed:5/15/2024 4:19:19 PM
617859EE591Da'D
Owner Signed:5/15/2024 4:52:02 PM
KaziRokz LLC.

Signature Adoption: Drawn on Device
Security Level:Email,Account Authentication
None) Using IP Address:

Signed using mobile
Electronic Record and Signature Disclosure:

Accepted:5/15/2024 4:19:19 PM
ID:4973c66d-82dd-4d87-ad5d-2df6e51f13a6
Ryan Smoot DocuS"ned by' Sent:5/15/2024 4:52: 03 PM [email protected] f atA, S Ge} Resent:5/20/2024 8:37:38 AM NDE90215FE4C'_
Security Level:Email,Account Authentication Viewed:5/ 20/2024 8:46:18 AM None)Signed:5/20/2024 8:54:39 AM
Signature Adoption: Pre-selected Style
Using IP Address:

Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Annika Miyashiro-Ruiz
COPIED
Sent:5/20/2024 8:54:41 AM
[email protected]
Security Level: Email,Account Authentication
None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp

Page 10 of 14 ends

Envelope M21413SBB1B4F94ADO1002348648270 Statue: Completed Subject: Sign wilh DocuSign: AFN 1047 - KeziRokz LLC.pdf, AFN 1047 -Aflidevlt - CGL Reduction Lengu...

Source Envelope:

Document Pages: 10 Signatures: 4 Envelope Originator.

Certificate Pages: 5 initials: 0 City Clerk
AubNair. Enabled 16600 Civic Cenur Drive
Envelopeld Stamping: Enabled 16600 Civic Center Drive
Time Zone: (UTGOB:00) Pedilc Tine (US 6 Canada) Bellllower. CA 90706 Stalin: Original Holder: City Clerk Location: DocuSign
5/15/2024 4:14:21 PM ccleebellilmivemrg
ShelaJeclieon Eur-w m5hsé0244:1:034m
kaziokzehopdgmellcorn Viewed: 5115/2024 4:19:10 PM
Owner ‘mw" " Signed: 5115/2024 4:52.02 PM
Keloliz LLC. _ We Adoption: Drawn on Device my Level. Email, AccountAuliienllcdlon m P :— Signed uehg motile
Electronic Record and Signature Diecloeure: Accepted: 5/15/2024 4:19:10 PM ID: 407300000200-40074050-2013511130 Ryan Smoot '5 Sent: 9192024 4:52:03 PM
Wm; [End Reeent: 52012024 0:37:00 AM
Security Levei: Ernal, Account W m Viewed: 5120/2024 0:40:10 m ("'3") Simed: 5120/2024 6:54:39AM
MoniclecerdandSlgnamreDiecloei-e:

NotOiieredviaDocuSign
§eriiried Delivery Event
3 .1 _.1 . E ... if: {Earhar- Copy vents ~
Annike Miyeehiro-Ruiz
amiyeehiroabellilovvemrg
Security Level: Email. Account Authentication
(N000)
Electronic Record and Signature Diecloeure:

Not Offered via DocuSign
Sent: 5/20/2024 0:54:41 AM

Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/15/2024 4:16:34 PM
Certified Delivered Security Checked 5/20/2024 8:46:18 AM Signing Complete Security Checked 5/20/2024 8:54:39 AM
Completed Security Checked 5/20/2024 8:54:41 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

Page 11 of 14 ends

Certified Delivered Security Checked 5/20/2024 8:46:18 AM Signing Complete Security Checked 5/20/2024 8:54:39 AM
Completed Security Checked 5/20/2024 8:54:41 AM
‘& ~ :- 7.1T“. 1:2” £11,131};

Electronic Record and Signature Disclosure created on:6/8/2020 10:47:26 AM Parties agreed to:Sheila Jackson

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bellflower(we,us or Company)may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure(ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time usually 30 days)after such documents are first sent to you.After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a

0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically

Page 12 of 14 ends

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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bellflower (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. Afier such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
lfyou decide to receive notices and disclosures fi'om us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
lfyou elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically

Unless you tell us otherwise in accordance with the procedures described herein,we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure,we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Bellflower:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise City of Bellflower of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from City of Bellflower
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name,mailing address,and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with City of Bellflower
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

Page 13 of 14 ends

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Bellflower:

Ifyou created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from City of Bellflower
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with City of Bellflower
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD,and(i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein,then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system.

By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that:

You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure,or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bellflower as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bellflower during the course of your relationship with City of Bellflower.

Page 14 of 14 ends

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: httns://sunport.docusigncom/guidesfigner-guide- sigm‘ g-system-rguirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
0 You can access and read this Electronic Record and Signature Disclosure; and 0 You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
0 Until or unless you notify City of Bellflower as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bellflower during the course of your relationship with City of Bellflower.

TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Brian McNerney, Interim Director of Public Safety

SUBJECT: Consideration and possible action to approve the submission of a sub-application for grant funding with the California Office of Emergency Services (CalOES) for a hazard mitigation plan.

DATE: May 28, 2024

EXECUTIVE SUMMARY

A grant is being sought from CalOES to update the City’s hazard mitigation plan. The grant is administered by CalOES and funding is provided by the Federal Emergency Management Agency (FEMA).

RECOMMENDATION TO CITY COUNCIL

1) Approve submission of grant to CalOES; or

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

FISCAL IMPACT

This FEMA grant is offered at 75% federal share in the amount of $163,200 and 25% City share/cost in the amount of $54,400. The City’s application is seeking total combined funding of $217,600. This amount is not budgeted; however, the timeline of the grant award is expected to be 9-12 months and the City’s share of funding will be budgeted in future fiscal year(s).

DISCUSSION

FEMA requires municipal governments to have a hazard mitigation plan in order to be eligible for public assistance funding. Hazard mitigation plans describe in detail what threats a community is at risk for, such as earthquakes, flooding, droughts, or terrorism. The plan seeks to establish what actions can be taken to reduce or eliminate the long -term risks caused by hazards.

Bellflower is seeking to update our existing plan which FEMA requires every five years.

CalOES offers a 75%/25% cost sharing for plan updates. The plan is expected to take 36 months to complete and achieve FEMA approval. Upon submission of the grant to CalOES and notification of its acceptance, the City will solicit proposals from qualified consultants to update the plan.

ATTACHMENT

Grant Application ................................................................................................................... 2 14-K
1 1: BELLF
{‘1 O LOR’GQ
*‘ Sitafteport

AP-01243
HMGP Subapplication - General Criteria
General Information
Sub-Applicant Name(Entity)Bellflower, City of
Sub-Applicant Type City
Street Address
City
State CA
Zip
County Los Angeles
Region Southern
Subapplication Due Date June 10, 2024
#Title First Name Last Name Phone Number Email Roles
1 Public Safety Manager Brian McNerney 5629250124 [email protected] Primary Contact;Responsible Representative 2 Code Enforcement Supervisor David Fawcett 562-925-0124 [email protected] Responsible Representative 3 City Manager Ryan Smoot (562) 804-1424 [email protected] Responsible Representative Role Name Description
Responsible Representative (subapplication employee
authorized to apply for, accept, and manage Federal grant funding)
Manage user roles, view subapplication, edit subapplication, send Maintenance and Match Commitment letters, manage Requests for Information(RFI), Submit the subapplication.

Primary Contact (subapplication employee)View subapplication, edit subapplication, send Maintenance and Match Commitment letters, and manage Requests for Information(RFI).

Contributor (may be consultant)View subapplication, and edit subapplication Viewer View the subapplication
US Congressional District(s) benefitting from mitigation 42, 44 Assembly District(s) benefitting from mitigation 62
Senate District(s) benefitting from mitigation 30
Federal Information Processing Number (FIPS #)037-04982 2 Unique Entity Identifier (UEI #)PRW9X4N27BG6
Is this a phased project?No
Subapplication Information
Application
Type
Examples:

Planning Activities include developing a new hazard mitigation plan or updating a current mitigation plan.

Planning
Related
Activities include: Updating or enhancing sections of the current FEMA-approved mitigation plan, integrating information from mitigation plans with other planning efforts, building capacity through delivery of technical assistance and training, evaluating adoption and/or implementation of ordinances that reduce risk or increase resilience.

Project Activities involve construction and/or physical work. Examples: acquisition demolition/relocation, debris basin, structural elevation, structural seismic retrofit, hazardous fuels reduction, defensible space, generator(s) (If benefit cost analysis (BCA) feasible).

Advance
Assistance
Activities can be used to develop mitigation strategies and obtain data to prioritize, select, and develop mitigation projects and complete applications. Examples: evaluation of facilities or areas to determine mitigation actions, collect data for BCA and environmental historical preservation compliance, conduct engineering designs and feasibility studies, conduct hydrologic and hydraulic studies and cost estimation.
5%
Initiative
Activities are defined as mitigation actions that meet all HMGP requirements but may be difficult to evaluate against traditional program cost-effectiveness criteria. Examples such as early warning systems, post-disaster building code enforcement, public awareness and education for mitigation campaigns, hazard identification or mapping, new techniques/methods of mitigation, and generator(s) (if protecting a critical facility and if there is insufficient data to evaluate a generator project using a standard HMA-approved Benefit-Cost Analysis (BCA) method).

Subapplication Type Planning
Project Type Plan Update
Hazard Multi Hazard
HMGP Subapplication-Scope of Work
Scope of Work
The City of Bellflower, with the assistance of a consultant who will serve as the planning lead and primary author, will update our single jurisdiction hazard mitigation plan (SJLHMP) focusing on natural hazards. This update will be a comprehensive effort utilizing the Local Mitigation Planning Handbook and ensuring a FEMA approved hazard mitigation plan is the end result. The plan will comply with FEMA’s directives per 44 CFR Part 201, 2022 Local Mitigation Planning Policy Guide, and 2023 Local Mitigation Planning Handbook. A complete assessment of all stakeholders, including Bellflower’s Planning Department, will be gathered at the onset of the planning process which will aid in the overall update of the plan. In order to ensure compliance with procurement regulations, the hiring of a consultant will be done so in accordance with 2 CFR 200, State regulations, and local requirements; of which the most stringent will apply and be followed. Since this is a SJLHMP update, new FEMA regulations will be reviewed and incorporated as appropriate. To comply with AB 3

Describe the Scope of Work (SOW) for the planning process 2140, the SJLHMP update will be adopted in the Safety Element of the jurisdictional Geneal Plans. Additionally, SB 379 and 1000 will be complied with as it relates to identification of hazards, assessment risks, and mitigation strategy sections of the plan which will consider the current and future effects of climate change. It will be important to review and research various studies and technical reports on external hazards facing municipal level government entities and incorporate new or unforeseen hazards which were not already included in previous mitigation plans.

Stakeholders will be brought into the planning process early to first discuss the identification of potential hazards, second, what vulnerabilities are faced by the specific stakeholder groups, third, the challenges which they faced in the development of past hazard mitigation plans, and fourth, the priorities of each stakeholder in relation to the plan development. The acquired consultant will hold primary responsibility for organizing, contacting, and working with concerned stakeholders. As a measuring tool, our previous hazard mitigation plan will be a source of information and examined to determine what information or annexes can be carried over and what items will need to be modified to comply with new FEMA regulations.

Describe the Scope of Work (SOW) for the Hazard identification phase of the planning process
The planning team will begin by carrying over the geographic area covered by Bellflower’s previous hazard mitigation plan. Items that will be carried over will include hazard maps available online from the State of California, from FEMA, and existing maps already available to the City of Bellflower via our GIS system. An examination of current policies, funding, resource availability, legal authority of participating stakeholders and partners will be conducted in an effort to support the development of a mitigation plan. The overall capabilities of each stakeholder and/or partner will be evaluated to identify room to expand or improve on previous capacities which were found in past mitigation plans. Public and stakeholder outreach along with feedback will be utilized to inform and engage the community on hazard identification. The plan will present a history of past hazard events within the City of Bellflower. Impacts which have been felt generally are weather related. However, the risk which hazards may pose for Bellflower cannot be underestimated. Hazards by their nature are incredibly diverse and can vary immensely across the Bellflower area; an evaluation of hazards will be conducted which takes into account this variation across all geographic and neighborhood areas.

Additionally, hazard probabilities will be thoroughly considered by the planning team when evaluating and identifying which hazards are significant enough for inclusion in the plan. Ensuring all possible hazard risks are assessed and included in our plan update, an extensive amount of research and analysis will occur; including but not limited to the California State Hazard Mitigation Plan, County of Los Angeles All-Hazards Mitigation Plan, California’s CalOES MyHarzards tool, and FEMA’s National Risk Index for Natural Hazards and NOAA’s National Centers for Environmental Information Storm Events Database. Hazards not immediately located within the planning area will be analyzed as well to see what impact they may have on our jurisdiction. Samples of these types of hazards include nearby dams, significant weather incidents, major infrastructure failures, and transportation hubs. Should an identified hazard not be included in our plan update, a thorough and complete reasoning will be provided to account for its exclusion. Major involvement from the 4

community and stakeholders will be utilized to ensure proper feedback and outreach is achieved.

Describe the Scope of Work (SOW) for the risk Assessment phase of the planning process
Each step will take into account the current and future affects climate change will have on hazards and the impact this may have on the assessment of risks; in accordance with SB 379 and SB 1000. HAZUS level one will also be utilized to better inform the risk assessment phase.

Each hazard will be profiled to describe the hazard history, probability, vulnerability, and impacts. A history of past events which have impacted the planning area will be detailed and analyzed. These will include county, state, and federal events. Looking specifically at our planning area, a description of the vulnerability of community assets, system, and population in relation to hazards will be conducted. A map of the respective areas will be utilized as a reference. Damage estimates will be assessed for each hazard as well. For each hazard a description will be provided as to its impact extent on the planning area. Various scales and maps will be used to visualize this hazard impact. A full analysis of the role which climate change will have on Bellflower’s risk assessment will take place. Future population increases or decreases will be analyzed as to the overall impact it will have on future risk assessments. A probability analysis will be included for each hazard identified in the previous planning phase. Data will include historical occurrences and projection modeling. Each will be examined and expressed with a numeric percentage probability of occurrence over the next five years. An analysis of future threats will take place to determine the future hazard locations, impact on the jurisdiction, and the intensity of the hazard impact. One example will be analyzing repetitively flooded NFIP insured structures will be addressed by estimated number and type. Will examine how vulnerable the planning area is from the impact a potential hazard can have. An assessment of current land uses and potential development trends will be analyzed in connection with identified hazard areas. Bellflower’s mitigation plan seeks to serve a wide and diverse community which is full of various ethnic backgrounds, economic capabilities, and transportation needs. Community diversity will be analyzed/evaluated as to the impact it may have on the assessment of risks and the ability to overcome them. There will be an emphasis on community risk to populations within the planning area who are socially vulnerable. The risk assessment process will be analyzed as to its impact on stakeholders.

The results of the risk assessment will be used to inform the mitigation strategy. Our mitigation strategy will utilize an analysis of which strategies will take into account the social, technical, and economic feasibility of recommended actions. Previous mitigation actions and their status, as well as local capabilities will be reviewed and analyzed. The overall mitigation strategy development process will assess current mitigation actions on their ability to protect life/property, enhance public awareness, preserve natural systems, promote partnerships/implementation, and strengthen emergency services. Any improved upon mitigation actions will be judged based on their effectiveness and rigidity to sustain the planning process. An evaluation of current Bellflower municipal codes, specifically the city’s zoning codes, will be conducted. The development phase will consist of the creation of goals aimed to reduce the risk of identified hazards. The overall goal is to seek sufficient reductions in infrastructure damage caused5

Describe the Scope of Work (SOW) for the Mitigation Strategy development phase of the planning process
by hazards. A range of actions and proposed projects will be developed which will be tuned to address the already identified vulnerabilities in the risk assessment stage. A minimum of one mitigation action will be recommended and those which thoroughly demonstrate their ability to lower overall hazard risk will be chosen as possible mitigation strategies.

The final mitigation strategy will include a range of options to include risk-reducing projects, local plans and regulations, structure and infrastructure projects, protection of natural resources and systems, and education and awareness programs. The planning team will prioritize mitigation actions by evaluating which benefits were maximized and why, and who is responsible for administering each action and potential funding sources/time frames for completion of each mitigation action. Bellflower is a participant in the National Flood Insurance Program (NFIP) and a designee will be selected to ensure appropriate implementation of NFIP commitments and requirements. Public and stakeholder input from public meetings/plan drafts will be gathered, documented, and analyzed for inclusion into the plan update. The final plan will ultimately be integrated into other local plans and capital improvement programs.

Describe the Scope of Work (SOW) for the plan preparation & drafting phases of the planning process
The first major step for our plan preparation will be identifying who the planning team will comprise of; individuals include staff from various City of Bellflower departments who are responsible for mitigation actions, community members and organizations who can contribute input to the planning process, and governmental bodies who have the authority to approve and regulate the plan development. The main goal of this step in the planning process is to create a draft hazard mitigation plan which meets State and Federal requirements/criteria. Resources which will be consulted include the Local Mitigation Planning Policy Guide and Planning Handbook as well as various materials from FEMA and Cal OES. The plan preparation and drafting will consist of many phases including reviewing previous mitigation actions, looking at various state and local plan integration strategies, collecting feedback from the general public/stakeholders, documenting the feedback, incorporating it into the draft, submitting a draft of the plan update to Cal OES for review, and lastly, taking all comments made on the draft and incorporating them into the final submission for Cal OES/FEMA to review and approve. The sourced consultant will be the primary author of the plan update. Upon his/her appointment as the lead author, a kickoff meeting will be held to determine the roles and responsibilities of the planning team and to provide structure to the plan update process. Once a draft is created and submitted to the various agencies for review, all comments and suggested edits will be gathered and examined by the planning team. Should a change take place based on a comment or suggested edit a log will be created to document what is being changed and why for purposes of record keeping.

As part of the larger planning process, our hired consultant will coordinate outreach and document all meetings, attendance at those meetings, discussion points, and decision/outcomes. The documentation of these activities, including community and stakeholder input, will be included in the draft plan and eventually the final plan. It is anticipated there will be a total of six planning team meetings and stakeholders will be invited to attend four of them. It is planned to have a team meeting at the conclusion of each step of the mitigation plan update in order to receive input as the6

Describe the Scope of Work (SOW) for public outreach, meetings and public comment phase of the planning process
plan progresses. For clarification, stakeholders who will be invited to participate throughout the process include neighboring communities, local and regional agencies with experience dealing with hazard mitigation activities, businesses, non-profit interests, educational institutions, and socially vulnerable communities. Stakeholder and general public involvement is an important aspect of this plan update and as such outreach seeking their participation will be sought using various methods; social media, announcements at public meetings, postings on the city website, neighborhood watch meetings, and informational mailers. Opportunities to participate will occur throughout the plan development timeline, and not just at the end of the process when soliciting feedback on the draft. Special attention will be provided to vulnerable communities who may not have easy access to online resources. Vulnerable communities will also be sought out to participate in the planning process. The use of mailers detailing the importance of participating in the planning process will be utilized for vulnerable communities. It will be the responsibility of the consultant to perform all outreach throughout the planning process.

Throughout the entire plan development timeline, including the drafting stage, feedback will be sought from the community, general public, and key stakeholders and each will be given opportunities to participate.

Specifically, planning team meetings at the hazard identification process, risk assessment, and mitigation strategy development phases will be open to the public and their participation will be actively sought.

Describe the Scope of Work (SOW) for the Plan Approval & Plan Adoption phases of the planning process
Upon completion of the final draft and agreement that the content of the plan meets 44 CFR Part 201 requirements, the Bellflower City Council be provided the opportunity to review the hazard mitigation plan update at a public meeting. Following their input the draft plan update will be submitted to CalOES for review and comment; thereafter the planning team will incorporate CalOES comments and submit a final draft through to CalOES and FEMA for review. Once approval is achieved through Cal OES/FEMA the Bellflower City Council will formally adopt the plan; please note the final FEMA approved version of the hazard mitigation plan update will be incorporated into the Safety Element of the Bellflower’s General Plan to comply with AB 2140. Throughout the planning/drafting process revisions are expected to occur. Comments made on the plan update will be synthesized, listed to see if any comments are recurring, and added as necessary to help clarify thoughts and analyses from the plan. A version history will be kept as changes/revisions are made to the plan update. The final deliverable plan will be a FEMA approved and locally adopted hazard mitigation plan.

HMGP Subapplication - Work Schedule
Work Schedule
The intent of the work schedule is to provide a realistic appraisal of the time and components required to complete the project.

The work schedule should mirror the Scope of Work and Cost Estimate. 7 -Describe each of the major work elements and milestones in the description. -Project Close-Out should be included which must be 3 months in duration. -A GANTT chart may be provided as supplemental documentation. -Total project duration must not exceed a 36 month period of performance. #Activity Task Name Description Start
Month
Duration
(Months)
1 Pre-Award Pre-Award Pre-Award activities
2 The Planning Process Planning
Process
During this time, we will have completed the planning process scope of work items.

This includes forming the team, procuring a consultant, doing a kickoff, inviting stakeholders, working on updating items or changes from the last plan. 1 24
3 Hazard Identification Hazard
Identification
This will follow along task 1, 4, 5 from the local planning handbook. We will be defining the planning area, completing a capability assessment, review NFIP information, and defining the hazards that can impact the planning area. 4 2
4 Risk Assessment Risk
Assessment
This will follow along task 5 from the local planning handbook. We will be creating full hazard profiles which include location, history, impact, extend, vulnerability, probability, and climate change considerations for natural hazards in the planning area. 7 6
5 Mitigation Strategy Mitigation
Strategy
We will establish the goals of the plan. Based on those goals we will develop a range of mitigation actions to address the vulnerabilities identified in the risk assessment.

We will then review the list and select prioritized mitigation actions. 13 3
6 Plan Preparation Plan Prep.This will include ensuring that we meet all the stated regulations in the scope of work.1 26 7 Plan Drafting Draft of Plan This will include ensuring that we meet all the stated regulations in the SOW. Getting feedback and creating draft documents.
24 3
8 Public
Outreach/Meetings/Public
Hearings
Outreach Establishing outreach strategies, setting up meetings with internal and external stakeholders, setting up public comment periods and document feedback. 1 26
9 Plan Adoption Plan
Adoption
Submitting the final draft for Cal OES and FEMA review. Completing all revisions, brining to local governing board for adoption and submitting resolution to FEMA. 28 6
10 Closeout Closeout Project Closeout line item 34 3
Total Duration : 36
HMGP Subapplication - Jurisdictions
Jurisdictions
What type will be developed?Update single plan
Will the activity result in a FEMA-approved and adopted multi-hazard mitigation plan?
Yes
Identify any deficiencies in the previous plan and describe how this activity will address those deficiencies.

The City of Bellflower, Public Safety Department, will be the lead agency and our hired consultant will be the plan author. The consultant will be the main gatherer of information while city staff will serve as an advisory role to support plan development
Describe any plan priorities that have been identified
Plan priorities will include the inclusion of climate change as a hazard and to incorporate updated FEMA regulations into the plan.
8 Does the sub-application propose using the natural hazard mitigation planning process to help develop or meet the planning objectives of other types of plans (i.e. Community Wildfire Protection Plan, Comprehensive Plan revisions)?
Yes
Clearly identifiy what related planning activities will be paid for by the project?
If the sub-application proposes combining other plans that are ineligible for HMA funding with the natural hazard mitigation plan, confirm it is clearly stated in the scope of work that the ineligible plan elements will not be funded by the project
false
Indicate if a contractor will be used.Yes
Provide a description of the Community Profile of the Planning area (describe the area, communities, population, and infrastructure covered by the Local Hazard Mitigation Plan.

The City of Bellflower has an area of 6.14 square miles and is located in southeastern Los Angeles County in California, about 20 miles south of Los Angeles proper and about 15 miles west of Anaheim. Bellflower is 8 miles from the Pacific Ocean. The population of the city is 76,924 as of 2023. The Los Angeles County region encompasses a highly varied natural setting that includes the high desert, coastal areas, mountains, fertile valleys, and coastal plains. The plains and valleys within the Los Angeles basin, which includes the City, were cleared of natural vegetation as part of the region’s urbanization. Bellflower is south of the City of Downey, north of the City of Lakewood, west of the City of Norwalk and City of Cerritos, and east of City of Paramount and City of Long Beach. The city lies over active geological faults, most notability the Puente Hills fault, Newport-Inglewood fault, and Whittier-Elsinore fault. From an infrastructure perspective, the city has a regional freeway, local roads, various underground utilities, natural gas, water lines, and electric infrastructure. There are 9 schools in the city (combination of public and private), 2 fire stations, 1 police station, approximately 300 miles of roadways, and 2 water companies who care for their own water pumping stations. Housing wise, Bellflower is almost 50% single family homes with the next largest percentage of housing being 5+ units. The largest age population in the city are those between the ages of 35-54. Ethnically, the city is 52% Hispanic, 19% white, and 29% as other (including Asian, Black, and American Indian).

HMGP-Project Site List Jurisdictions
Jurisdiction(s)
Does this plan encompass multiple jurisdictions?No
HMGP Subapplication - Project Cost Estimate
Project Cost Estimate
9 #Cost Type Item Name Unit
Quantity
Unit of
Measure
Unit
Cost
Cost
Estimate
Total
Pre
Award
Cost
Cost Estimate Narrative
1 Force Account Labor Consultant RFP and
Selection Process
70 Hour $

60.00 $ 4,200.00 false Staff time to develop an RFP, put out the RFP, and select a consultant.
2 Contractor/Consultant Planning Process 135 Hour $
220.00
$
29,700.00
false Funding for the consultant to start and finish the planning process phase of the plan update.
3 Force Account Labor Planning Process 50 Hour $

60.00 $ 3,000.00 false Staff time for members of the planning team to participate in overall planning process.
4 Contractor/Consultant Hazard Identification 95 Hour $ 220.00
$
20,900.00
false Funding for the consultant to start and finish the hazard identification phase of the plan update.
5 Force Account Labor Hazard Identification 40 Hour $

60.00 $ 2,400.00 false Staff time for members of the planning team to participate in the hazard identification process.
6 Contractor/Consultant Risk Assessment 155 Hour $
220.00
$
34,100.00
false Funding for the consultant to start and finish the risk assessment phase of the plan update.
7 Force Account Labor Risk Assessment 60 Hour $

60.00 $ 3,600.00 false Staff time for members of the planning team to participate in the risk assessment process.
8 Contractor/Consultant Mitigation Strategy 125 Hour $
220.00
$
27,500.00
false Funding for the consultant to start and finish the mitigation strategy phase of the plan update.
9 Force Account Labor Mitigation Strategy 35 Hour $

60.00 $ 2,100.00 false Staff time for members of the planning team to participate in the mitigation strategy process.
10 Contractor/Consultant Plan Preparation and
Drafting
140 Hour $
220.00
$
30,800.00
false Funding for the consultant to start and finish the preparation and draft phase of the plan update.
11 Force Account Labor Plan Preparation and
Drafting
60 Hour $

60.00 $ 3,600.00 false Staff time for members of the planning team to participate in the plan preparation and drafting
process.
12 Contractor/Consultant Public Outreach,
Meetings, and Public
Comment
140 Hour $
220.00
$
30,800.00
false Funding for the consultant to start and finish the public outreach phase of the plan update.
13 Force Account Labor Public Outreach,
Meetings, and Public
Comment
80 Hour $

60.00 $ 4,800.00 false Staff time for members of the planning team to participate in public outreach.
14 Contractor/Consultant Plan Review and
Adoption
75 Hour $
220.00
$
16,500.00
false Funding for the consultant to present the plan to the governing body for their adoption.
15 Force Account Labor Plan Review and
Adoption
60 Hour $

60.00 $ 3,600.00 false Staff time to participate in the plan review and adoption process.
$
217,600.00
HMGP Cost Review

COST REVIEW
Total Project Cost $ 217,600.00
Non-Federal Cost Share (Match)$ 54,400.00
Non-Federal Cost Share (Match) Percentage 25%10

Federal Share Request $ 163,200.00
HMGP-Maintenance Commitment

MAINTENANCE & REPORTING COMMITMENT
This acknowledgment of Maintenance & Reporting Commitment is to confirm the Subapplicant/Subrecipient is committed to perform the necessary maintenance for the entire useful life of the project, once completed. The entity responsible for maintenance is allocating the annual budget amount that will allow maintenance to occur as needed to ensure the project building/facility/area remains in good repair and operational.

To justify Hazard Mitigation Assistance funding, California is required to report to FEMA on the performance of completed mitigation measures. This acknowledgment of Reporting Commitment confirms that the Subapplicant/Subrecipient is committed to report on the performance of funded mitigation measures when tested by natural hazard events for the entire useful life of this project.

Process: Complete the fields below. The information provided here will automatically populate a templated Maintenance & Reporting Commitment letter to be signed by a Responsible Representative identified by you below. The Responsible Representative must be a high-level person from the subapplicant entity who is authorized to commit the entity to request and receive grant funding. The Responsible Representative cannot be a contractor or a consultant. After you click the “Add Responsible Representative” button to provide the contact information for the Responsible Representative, click “Send for Signature.” The individual will receive an email notification from DocuSign with a link to access and sign the commitment letter. The Signature Status below will reflect “Sent For Signature.” Once signed, the letter will automatically upload to the subapplication.

Maintenance & Reporting Commitment Letter Date April 16, 2024 Subapplicant Name Bellflower, City of
Subapplicant Mailing Street
Subapplicant Mailing City
Subapplicant Mailing State
Subapplicant Mailing Postal Code
Disaster Number Rolling Application
Control number AP-01243
Entity Responsible City of Bellflower, Public Safety Department Number of years of maintenance 5
Project Building/Facility/Area City of Bellflower - Citywide Annual Maintenence Amount $ 5,000.00
What are the Past Maintenance Tasks Involved?
Past plan maintenance tasks involved yearly reviews during emergency operation training sessions. Also to receive feedback and update mitigation actions and plan.11

What are the Future Maintenance Tasks Involved?
Future plan maintenance will be done on a improved bi-yearly basis.

Actionable items will be tracked and evaluated as to their possible implementation over the plans five-year cycle. The plan will be assessed for its effectiveness at achieving its stated goals. Those involved in the future maintenance will be staff who were apart of the planning team and public participation.

Future Maintenance Schedule Bi-Yearly
Future Cost of Maintenance $ 25,000.00
Source of Future Maintenance Funds General fund.

Responsible Representative Confirmation
#Title First Name Last Name Phone Number Email Signature Status 1 City Manager Ryan Smoot (562) 804-1424 [email protected] Draft HMGP - Match Commitment
Match Commitment Letter
As a part of the Hazard Mitigation Grant Program process, a Non-Federal Share (Match) of at least 25% of the total project amount is required. This acknowledgment is to confirm the Subapplicant/Subrecipient commitment to meet the Non-Federal Share (Match) funding requirement.

Process: Complete the fields below. The information provided here will automatically populate a templated Match Commitment letter to be signed by a Responsible Representative identified by you below. The Responsible Representative must be a high-level person from the subapplicant entity who is authorized to commit the entity to request and receive grant funding. The Responsible Representative cannot be a contractor or a consultant. By sending this document for signature, you are acknowledging the requirements outlined here. After you click the “Add Responsible Representative” button to provide the contact information for the Responsible Representative, click “Send for Signature.” The individual will receive an email notification from DocuSign with a link to access and sign the commitment letter. The Signature Status below will reflect “Sent For Signature.” Once signed, the letter will automatically upload to the subapplication.

Please be Advised:

If additional federal funds are requested, an additional Non-Federal Share (Match) funding commitment letter will be required.

If a funding source is from outside the Subapplicant entity, upload documentation supporting the funding commitment and availability of funding.

Match Commitment Letter Date May 8, 2024
Sub-Applicant Name(Entity)Bellflower, City of
Control Number AP-01243
Non-Federal Cost Share Source Local Agency Funding
Name of Funding Source(s)General fund.
12 Funding Type Cash
Federal Share Amount Requested $ 163,200.00
Non-Federal Share (Match) Commitment $ 54,400.00
Non-Federal Share (Match) Availability Start Date January 31, 2024 Is there an expiration date of the Non-Federal Share (Match)?No

CONFIRMATION
#Title First Name Last Name Phone Number Email Signature Status 1 City Manager Ryan Smoot (562) 804-1424 [email protected] Sent For Signature Grant Management Cost Application
HMGP Grant Management Cost Application
Subrecipient Grant Management costs are available at no more than 5% of the final project cost to subrecipients who apply and can meet all Federal grant requirements. Subrecipients must provide a detailed budget of the management cost request per 2 CFR 200.403, which is subject to Cal OES/FEMA approval. Reimbursement is based on documented actual cost.

For further clarification, grant management is different than project management. Grant management activities are to manage the grant (Subapplication Development, Quarterly Reporting, Reimbursement Submission). Project management is to manage the actual physical project itself (construction oversight, project scheduling and coordination, project meetings).

Any indirect cost, any direct administrative cost, and any other administrative expenses associated with aFEMA Definition of Management Costs:
specific project under a major disaster, emergency, or disaster preparedness or mitigation activity or measure.

Directions: For each applicable category, provide a total estimated cost. Refer to the Management Cost examples below for costs that may be included. For the Narrative field, include a detailed description of work for each cost, including methodology used to estimate each cost. example, if your cost estimate includes your agency's time, include estimated hours, personnel titles, and salary/hourly wages plus benefits for a hourly cost.

Additionally, describe how these costs will be used through the life of the grant.

Total Federal Cost Share $ 163,200.00
Maximum Eligible Management Cost $ 10,880.00
Management Cost Budget Breakdown
A. Pre-Award: Subapplication development, community outreach, meetings related to Subapplication development. #Expense Name Amount Description 13

1 None $ 0.00 None
$ 0.00
B. Staff Time - Salary or hourly employee time to manage technical monitoring, quarterly reporting, technical assistance, and the reimbursement and close-out process.
#Position Hourly
Rate
Hours Amount Description
1 Public
Safety
Manager
$ 60.00 180 $
10,800.00
The position will be used for administrative elements with regards to the grant activity such as: submitting quarterly reports, invoice and expenditure review, monitoring grant spend down process, and submitting reimbursement claims.
$
10,800.00
C. Travel - Cost to attend professional development training course directly related to implementation of the Hazard Mitigation Grant. #Expense Name Amount Description
1 None $ 0.00 None
$ 0.00
D. Equipment - Cost directly related to implementation of Hazard Mitigation Grant. #Expense Name Amount Description
1 None $ 0.00 None
$ 0.00
E. Supplies - Supply cost directly related to implementation of the Hazard Mitigation Grant, such as printer materials and office supplies. #Expense Name Amount Description
1 None $ 0.00 None
$ 0.00
E. Indirect Cost - Depreciation or use allowances on buildings and equipment, costs to operate and maintain facilities, general administration and accounting administration.
#Expense Name Amount Description
1 None $ 0.00 None.
$ 0.00
F. Other - Any other administrative expenses not captured in the categories above. 14 #Expense Name Amount Description
1 None $ 0.00 None
$ 0.00
Total Management Cost Requested $ 10,800.00
Maximum Management Cost Allowed (Requested Allowed)$ 10,880.00 Documents
Document Type Description
15

Page 1 of 2 ends

14-K
TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/ Director of Public Works Melanie Paz, Public Works Management Analyst II
SUBJECT:Consideration and possible action to authorize the City Manager to execute Agreement File No. 696.6, in a form approved by the City Attorney, with MuniEnvironmental, LLC, to provide assistance with the SB 1383 Planning and Compliance Assistance Services and approve Resolution No. 24-27 – A Resolution amending the Operating Budget for Fiscal Year 2024-2025 to provide additional funding for organic waste recycling program.

DATE:May 28, 2024

EXECUTIVE SUMMARY
This action would authorize the City Manager to execute Agreement File No. 696.6, a one (1) year agreement with up to two (2) renewals with MuniEnvironmental, LLC (MuniEnvironmental). The purpose of the Agreement is to provide SB 1383 Capacity Planning and Compliance Assistance Services with the City’s CalRecycle Grants.

RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Agreement File No. 696.6, in a form approved by City Attorney; and
2) Approve Resolution No. 24-27 to amend the operating budget for Fiscal Year 2024- 2025 to provide additional funding in Account No. 010-42360-3310 to increase the allocation by $157,272, to the overall program budget of $207,272; or 3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
The annual not-to-exceed amount for AFN 696.6 is $165,000. Sufficient funds using CalRecycle grant funds are available; however, this approval requires a budget amendment in Account No. 010-42360-3310 for FY 2024-25 to increase the program budget by $157,272 (to $207,272 total, including other materials, supplies, and services). 14-L
-1-
60F BELLFLOWBR
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Staff Report – AFN No. 696.6
SB 1383 Capacity Planning and Compliance Assistance
May 27, 2024

Page 2 of 2 ends

DISCUSSION
Senate Bill 1383 was signed by Governor Jerry Brown on September 19, 2016, which sets an aggressive target to reduce methane emissions of short-lived climate pollutants (SCLP) for California by 2025. This statewide effort sets a target to reduce organic waste disposal by 75% and recover no less than 20% of edible food that would otherwise be disposed of, to help feed people. As part of the state’s efforts to combat SCLP, CalRecycle has given jurisdictions grant funding to aid in the efforts of jurisdictions to support SB 1383 diversion programs. Thus, the City has received funding or been awarded via CalRecycle's FY 21-22 ($110,191) and FY 22-23 ($207,272) SB 1383 Local Assistance Grant Program to help offset costs associated with SB 1383 Capacity Planning and Compliance. To properly manage and implement the diversion programs associated with SB 1383, a consultant is necessary to remain compliant with stringent reporting requirements.

ATTACHMENTS
Agreement File No. 696.6 ............................................................................................... 3 Resolution No. 24-27..................................................................................................... 33 -2-

Page 1 of 11 ends

AGREEMENT FILE NO. 696.6

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF BELLFLOWER AND

MUNIENVIRONMENTAL, LLC
FOR SB 1383 CAPACITY PLANNING AND COMPLIANCE ASSISTANCE SERVICES THIS AGREEMENT is entered into this 28th day of May 2024, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”) and MuniEnvironmental, LLC, a limited liability company (“CONSULTANT”).

1.CONSIDERATION.

A.As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B.As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $165,000 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.

2.SCOPE OF SERVICES.

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

B.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 fifteen (15) days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
-3-

City of Bellflower
Agreement File No. 696.6
MuniEnvironmental, LLC

Page 2 of 11 ends

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

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

6.ADDITIONAL WORK.

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

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

C. Payments over $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.

B.If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully -4-

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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 May 28, 2024 to May 27, 2025, with the option to renew the term by one (1) year for up to two (2) renewals not to exceed a total of three (3) total years for the cumulative agreement. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:

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

9.TIME FOR PERFORMANCE.

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

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

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

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

Exhibit “A” – Scope of Services
Exhibit “B” – Fee Schedule
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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 thirty (30) days before the effective termination date.

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

D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, 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).

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.
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17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents 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. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.

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

19. INDEMNIFICATION.

A.CONSULTANT agrees to the following:
i.Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.
ii.Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful -7-

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misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.

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

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

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

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

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

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

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

Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to 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.
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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 Form. 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 endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis 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 -9-

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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.”
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: Jeff Duhamel Attention: Len Gorecki
MuniEnvironmental, LLC City of Bellflower
637 Maxson Dr. Box 260 16600 Civic Center Drive
Twin Peaks, CA 92391 Bellflower, CA 90706
(562) 754-1609 (562) 804-1424
[email protected] [email protected]
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Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

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

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

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

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

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

32. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
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33. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

34. RULES OF CONSTRUCTION. Each Party had the opportunity to 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.

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

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

37. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

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

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

40. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
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41. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its 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 MUNIENVIRONMENTAL, LLC
_________________________________________________________ Ryan Smoot, City Manager Jeff Duhamel, President
ATTEST:
_____________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_____________________________
Karl H. Berger, City Attorney Taxpayer ID No.81-1207903 ATTACHMENTS:

Exhibit A – Scope of Services
Exhibit B – Fee Schedule
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CITY OF BELLFLOWER
AGREEMENT FILE NO. 696.6 - EXHIBIT A

SCOPE OF SERVICES
1) CONSULTANT will perform the task as described in CONSULTANT's proposal attached hereto as Exhibit A1.
2) CONSULTANT will perform as-needed SB 1383 compliance assistance services including, but not limited to, the following:
a)SB 1383 Capacity Planning and Compliance Assistance Services:
i) CONSULTANT will conduct Franchise hauler performance monitoring, including review of hauler agreement and conducting route analysis. ii) CONSULTANT will conduct education and outreach for Tier One and Tier Two Commercial Edible Food Recovery Generators (CEFG's), including facilitating information for local food recovery organizations or services that CEFG's can contact.
iii) CONSULTANT will conduct site visits at Tier One and Tier Two CEFG facilities to confirm the following:
(1) EFG's have arranged to recover the maximum amount of edible food that would otherwise be disposed.
(2) EFG's have contracted with food recovery organizations or food recovery services.
iv) CONSULTANT will confirm that Tier One and Tier Two CEFG's have provided an annual Food Recovery Report to the City, as required by SB 1383, that includes the following:
(1) ) A copy of all contracts with Food Recovery Organizations or Food Recovery Services.
(2) The quantity of food, measured in annual pounds recovered, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(3) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
b)SB 1383 Implementation and Reporting Assistance:
i) CONSULTANT will provide miscellaneous SB 1383 implementation of and reporting assistance for CalRecycle’s SB 1383 Local Assistance Grant OWR1 and OWR4. Including any additional grants as requested by the Director of Public Works or the Public Works Manager.
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EXHIBIT A1

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4 OPOSAL TO THE CITY OF BELLFLO
to provide
Technical Assistance tor CalRegc‘e
Regulatory Comgliance
Proposal to Provide Technical Assistance
for
CalRecycle/ SB 1383 Mandated Regulatory Compliance
’Program Enforcement, Monitoring, & Reporting ’
Submitted by
MuniEnvirQnmentil
Advlsors on Solld Waste Policy 8. Practlce
A ,ril 11 2024

Professional Services Proposal for Technical Assistance 1 | P a g e

Len Gorecki
Assistant City Manager/Director of Public Works
City of Bellflower
16600 Civic Center Drive
Bellflower, Ca. 90706

RE: Proposal for Technical Assistance with CalRecycle Regulatory Program Compliance

Dear Mr. Gorecki:

MuniEnvironmental, LLC. (“MUNI”) is pleased to be of continued service to the City of Bellflower (“City”) and appreciates the opportunity to present this task driven proposal (“Proposal”) for hands -on technical assistance to address CalRecycle’s extensive program enforcement and reporting obligations, applicable to all jurisdictions in the state under 14 CCR § 18994.2.

Bellflower’s Ongoing Program Enforcement Requirements under SB 1383 A mandatory reporting system is CalRecycle’s conduit for tracking the status of jurisdictional compliance with SB 1383 program regulations, concurrently monitoring a multitude of ongoing tasks that must be performed by the jurisdiction, including, but not limited to:

Franchised hauler performance monitoring
Organic waste generator minimum service enforcement
Food rescue/donation administration
Contamination monitoring and mitigation
Site inspections and onsite customer support
Education and Outreach
Waiver evaluation procedures and authorization
SB 1383 Program Enforcement

This Proposal addresses the above tasks through an appropriation of the resources necessary to provide the City with administrative support commensurate with the state’s heightened demands, thereby unburdening City Staff, while ensuring that CalRecycle receives the verification it requires to document the City’s uninterrupted SB 1383 program compliance. Conversely, non-compliance by a jurisdiction carries material consequences pursuant to 14 CCR § 18981.1; specifically, under Articles 15 -16.

In addition to those regulations broached above, any preexisting mandates stemming from AB 939 (The Integrated Waste Management Act of 1989), SB 1374 (Mandatory construction diversion programming of 2002), California Green Building Code (2014 and forward), AB 341 (Mandatory commercial recycling act), as well as SB 1383 (Mandatory Organics

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4) MuniEnvironmental
Advisers on Solid Waste Policy 8. Practice

Professional Services Proposal for Technical Assistance 2 | P a g e

Waste Recycling) and additional mandatory programs enacted by California’s State Legislature and enforced by CalRecycle, remain in full force and effect.

Compliance costs incurred by jurisdictions in California are steep. Such costs, which include direct and indirect expenses, must be borne to fund implementation and post implementation oversight of SB 1383 programs and services.

SB 1383 Local Assistance Grant Program (immediate funding resource) To defray a portion of these costs, CalRecycle has been tasked by the state legislature with administering an SB 1383 Local Assistance Grant Program, initialized under a previous funding cycle, soon to expire and be superseded by the issuance of OWR4, covering eligible expenditures incurred from this point forward.

MUNI’s Additional Warranties and Preparedness to Proceed As an additional warranty, MUNI attests that our firm, the principal, and associates do not have any personal, financial and/or organizational conflicts of interest prohibited by law. As an existing vendor, MUNI is familiar with the terms and conditions of the City’s Standard Professional Services Agreement and Insurance Requirements; and we are prepared to execute said Agreement immediately upon acceptance of the proposal.

An integrated project scope and budget reflecting the tasks and objectives described above can be found at the very end of the Proposal, under Section IV, Financial Considerations.

Upon reviewing our Proposal, should questions or concerns arise, please contact me directly at 562-754-1609, as I would welcome your call at any time you find most convenient.

As always, it remains an honor to be of continued service to the City of Bellflower.

Respectfully,

Jeff Duhamel
President

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4 MuniEnvironmental
Advisers on Solid Waste Policy 8. Practice

Professional Services Proposal for Technical Assistance 3 | P a g e

I. Background
MuniEnvironmental, LLC (“MUNI”) is well versed on all aspects of the current solid waste and recycling services and programs in the City of Bellflower (“City”).

MUNI has provided ongoing assistance to the City for the administration of its solid waste and recycling policies and programs over the past several years.

Said assistance covers a variety of essential tasks including, but not limited to, auditing services, rate reviews and analysis, annual CalRecycle reporting, and more recently, SB 1383 guidance and support.

Notable achievements include the advancement of mandatory recycling and reporting programs that have been strained due to unfunded mandates such as AB 341, AB 826, and more recently SB 1383.

Due to recent changes in the Public Works Department, the City would benefit from additional professional services to secure its good standing with CalRecycle, while administering complex solid waste and recycling programs, coupled with the oversight of a long-term solid waste services franchise.

This proposal to broaden MUNI’s current scope-of-services to maintain parity with increased regulatory obligations placed on all jurisdictions as of January 1, 2024, is founded upon MUNI’s demonstrable success of complying with CalRecycle regulatory demands on behalf of the City, over multiple, consecutive reporting years and budget cycles,, without lapse or incident.

MUNI warrants that it will continue to foster a positive and professional dialog with all solid waste generators, the City’s Franchised Hauer, state and county regulators, as well as all other current and future stake holders, under the direction of City; MUNI deems its function as a value-added resource toward fulfilling the City’s priorities, as carried out by City Staff.

MUNI takes great pride in having worked in the City over the past several years and is honored by this opportunity to be of continued service to the citizens of Bellflower.

II.Qualifications
Solid Waste
Given the State’s current regulatory climate, engaging an experienced solid waste consulting firm has become the norm for cities, proving essential to managing the intricacies of municipal solid waste services, in addition to dealing with ever regulatory rigors.

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A) MuniEnvironmental
Advisers on Solid Waste Policy 8. Practice

Professional Services Proposal for Technical Assistance 4 | P a g e

Over the years, MUNI has helped many jurisdictions within the region and beyond to recover significant sums of unpaid fees, thereby helping to defray costs arising out of unfunded recycling mandates, while simplifying the task of managing complex franchise agreements.

Below is a representative list of the various types of technical services provided by MUNI at this time:
• Regional Rate Surveys
• Rate Adjustment Review & Cost
Analysis
• Franchise Agreement Compliance Audits &
Performance Reviews
• Franchise Agreement Financial Audits
• State and Local Regulatory Compliance &
Reporting
• Public Education and Outreach
• Contract Negotiations
• Franchise Fee Audits
• Grant Reporting
• Landfill/Facility Audits and Reviews
• Procurement/RFP Processes
• MRF/Processing Facility Diversion
Validation
Recycling
As the State of California strives to reach the recycling goal of 75% by 2025, as established by SB 1383, each local municipality is required to enact new programs and services aimed at achieving this level of waste diversion. Legislation such as Mandatory Commercial Recycling (AB 341) and Mandatory Organics Recycling (SB 1383) place heavy burdens on city staff, not to mention the community. MUNI has industry specific expertise to facilitate implementation and ensure compliant operations effectively.

Having prepared multiple City planning documents (SRRE, HHWE, and NDFE), and successfully implementing a full range of compliance programs, MUNI can ensure its client agencies possess the ability to effectively meet State mandates.

Such compliance programs include:
• AB 939 Recycling and Outreach Programs • Organic Waste Processing • AB 341 Commercial Recycling Programs • Organic Waste Program Development • AB 1826 Organics Recycling Programs and Oversight
• SB 1374 Construction & Demolition Recycling • Public Education and Outreach Programs (Recycling & Organics)
• Recycling Permit Programs • Comprehensive Recordkeeping and Database Management
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A) MuniEnvironmental
Advisers on Solid Waste Policy 8. Practice

Professional Services Proposal for Technical Assistance P a g e

Additionally, MUNI has designed, permitted, constructed, and operated two of the largest material recovery facilities (MRFs) in Southern California, namely: Downey Area Recycling and Transfer; and Grant Central Transfer and Recycling (City of Industry).

Rate Adjustments /Operational Audits
MUNI has an extensive background of auditing solid waste service providers, both in the context of service rate modifications and operational cost reviews. Over the past 25_years, waste setting methodologies have evolved from a simple, two component cost structure (collection and a passthrough disposal component), into a complex, multi-faceted cost matrix. Such matrices can also be applied to model the budgets that determine pricing parameters for core and ancillary collection services of solid waste recyclables and organic waste recovery programs, post collection materials recovery processing (MRF), long-haul transfer costs, and remote landfill tipping fees.

Disposal and Recycling Reconciliation
A practice that MUNI implements in operational oversight, disposal and recycling reconciliation is vastly overlooked by many solid waste consultants and municipalities alike.

Based on its own proprietary software, MUNI reconciles all disposal records provided by the hauler, against those records reported by local and regional landfills, along with local transfer operators and processing facilities.

By virtue of this practice, MUNI has been able to identify fraudulent disposal reporting from thirdparty actors, illegally reporting disposed tonnage on municipalities that they are not permitted to haul for.

This often leads to inaccurate diversion calculations at the state level, that adversely affects the City and Franchisee.

III. Relevant Experience
City of Hawaiian Gardens
On Wednesday, 3/27/24, the City of Hawaiian Gardens extended MUNI’s existing professional services agreement for three (3) additional years, concurrently expanding its scope-of-services in the same manner, and for the self-same reasons, that Bellflower is embracing this proposal.

MUNI is currently under contract to provide solid waste contract compliance reviews, annual hauler rate adjustment audits, and quarterly franchise fee audits.

In 2018, the City originally contracted with MUNI to conduct an audit of their incumbent solid waste service provider as well as conduct a new RFP process for the procurement of integrated solid waste collection services. In 2019, the City of Hawaiian Gardens again retained MUNI to perform ongoing rate adjustment reviews, financial audits, hauler reported tonnage audits, as well as overall contract compliance with the hauler.
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Contact Person:

Ms. Ramie Torres
Executive Assistant
City of Hawaiian Gardens
Office: 562-541-1063
Email: [email protected]
City of Lynwood
In 2019, the City of Lynwood contracted with MUNI to conduct an exhaustive rate review and economic audit of their incumbent franchised hauler. The City’s hauler petitioned the City for a 32% rate increase, citing unverified increases in disposal and recycling costs. MUNI reviewed six years of financial records, disposal receipts, MRF processing records and operational costs. After a comprehensive audit process, it was concluded that the franchised hauler was in fact sustaining significant monthly loses and that the City was contractually obligated, in good faith, to approve a rate adjustment commensurate with the provider’s documented losses.

Subsequently, the City of Lynwood has approved two additional agreements with MUNI, which most recently was for ongoing technical support, under a three (3) year term, at the cost of $150k per year.

Contact Person:

Mr. Ernie Hernandez
City Manager
City of Lynwood
Cell: 562-209-2410
Email: [email protected]
City of Industry
MUNI has been on contract as the City of Industry’s Solid Waste and Environmental consultant since the year 2000.

In 2018, the City of Industry conducted an exhaustive RFP process, inviting other solid waste consultancies to bid on the services provided by MUNI.

In response to an RFP, a short list of three (3) firms emerged, and all finalists were interviewed by an outside, independent committee comprising both municipal leaders and industry professionals. Each firm was scored based on their response to key inquiries from the committee. Staff recommended MUNI as well as an alternate firm for City Council consideration. The City Council awarded the three (3) year $1,000,000.00 contract to MUNI, which has been renewed twice for like periods, as recently as March 9, 2023.
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Over the years, MUNI has taken the lead and now oversees a broad scope of services, as the City has outsourced to MUNI the management of various core tasks, which include, in part, the following programs:

• Construction demolition debris program (SB 1374) o Inert Recycling Program Manager o Onsite Diversion Program Manager o Review and Approve Construction Waste Management Plans – Per Jobsite o Quantify all project diversion through site visits and mandatory reporting.
• Citywide commercial recycling permit and reporting program (AB 341) o Implement commercial recycling program. o Oversee the city-wide permit recycling program. o Quantify all commercial recycling. o Developed and distributed community outreach and technical assistance
• Citywide mandatory organics recycling (SB 1383) o Identify all producers of organic waste, per CalRecycle methodology and NAICS business code. o Prepared outreach materials for all generators and conducted site visits to all qualifying Tier 1 and Tier 2 generators.
o Conduct on-site technical assistance for all organic waste generators.

Based on the programs managed by MUNI, the City of Industry has consistently succeeded in obtaining a diversion rate above the required 50% (Per AB 341). Additionally, MUNI has expanded the existing permit and reporting system to encompass organics recycling for hundreds of restaurants and commercial entities that are subject to mandatory organics recycling (AB 1826).

MUNI is also responsible for all educational and outreach materials targeting the entire commercial and construction (C&D) sectors. MUNI staff mails informational letters and surveys to every business in the city. The mailers inform each business of all relevant regulations (AB 341, AB 939, AB 1826), and their requirements. The survey requests information about each business and their waste and recycling programs, including their current collector. MUNI’s team also works alongside code enforcement, and the local franchise hauler to visit generators that fall under the provision of either AB 341 and/or AB 1826.

Contact Person: Josh Nelson
City Manager
City of Industry
626-333-2211
Email: [email protected]
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City of Santa Fe Springs
MUNI’s agreement with the City of Sanat Fe Springs, founded on a limited scope, was quickly expanded, yielding an appreciable reduction in staff and time allocations for program compliance, reporting, and monitoring.

MUNI is also tasked with overseeing and managing the generation and diversion of construction and demolition waste in the City, as it relates to the CALGreen building code and SB 1374, which mandates the cataloging/reporting of all project tonnages and recycling activities for calendar years 2015-2020.

Each covered project is required by the City to meet a recycling and diversion rate of at least 75%.

MUNI requires each project to identify their waste hauler and estimate both disposal and potential recovery prior to being issued a permit to build.

For many years, the City has attempted to deal with numerous unpermitted (rogue) haulers, while being fraught with transient construction and demolition debris contractors hauling waste and recyclables without proper permits. This issue affects the accuracy of tonnage reporting within the City, which is why MUNI has been tasked with developing a new Permitted Recycler Database, along with a reporting and monitoring system that will meet the City’s need for regulatory compliance, mandatory commercial recycling, and mandatory organics recycling requirements. This additionally requires numerous audits of tonnage reports from the haulers, recyclers, landfill, and CalRecycle. Each collector/generator relationship is then tracked monthly through mandatory reporting. The collectors are required to report all activities monthly, per commodity collected.

Lastly, MUNI works closely with City Staff and the three (3), non-exclusive, franchised haulers in implementing all solid waste and recycling programs citywide. MUNI attends all hauler meetings, reviews rate adjustments, records all disposal and recycling tonnages, as well as conducts site assessments and technical assistance with generators throughout the community.

Contact Person:

Maribel Garcia
Senior Management Assistant
City of Santa Fe Springs
(562) 868-0511 Ext. 7569
City of West Hollywood
The City of West Hollywood is currently in the process of extending MUNI’s existing professional services agreement for four (4) additional years, concurrently expanding its scope-of-services in the same manner, and for the self-same reasons, that Bellflower is embracing this proposal.

In 2019, MUNI responded to an open RFP process conducted by the City of West Hollywood. The City sought professional services from solid waste and recycling consulting firms to conduct a Review and Extension of Terms Audit of their franchise hauler, Athens Services. After the City completed its review of all the proposals, MUNI was chosen for an interview with the City’s Department of -23-
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Engineering. Upon completion of the interview process, MUNI was awarded the contract and immediately began the audit process.

MUNI was initially tasked with reviewing the franchise agreement and conducting a thorough and exhaustive review of the billing records, including franchisee fee payments, and subsequently, evaluating the City’s solid waste diversion.

Over multiple years (2020-2023), MUNI has maintained, and expanded, its ongoing professional services agreement that now includes site assessments, along with AB 341 and SB 1383 programming.

Contact Person:

Matthew Magener, PG. QSD, CESSWI
Environmental Programs Coordinator
City of West Hollywood 323-848-
6894 [email protected]
IV. Corporate Organization
MuniEnvironmental, LLC., (MUNI) was founded by Jeff Duhamel, the firm’s current President.

In 1997, Mr. Duhamel founded Waste Systems Technology, Inc. In 2015, Mr. Duhamel rebranded the firm to focus its professional services on local governments only. MUNI maintains a professional staff consisting of President and Principal Consultant, Jeff Duhamel, a Senior Vice-President and practicing Senior Consultant, John A. Telesio, as well as two (2) additional Senior Consultants: Trieu Le, who also serves as MUNI’s lead financial analyst; and Stephen Howe, an environmental consultant with nearly 40 years of experience. MUNI’s administrative support is overseen by Trina Cittell.

Jeff A. Duhamel: President/Principal Consultant
Mr. Duhamel is the President and Principal Consultant of MuniEnvironmental, LLC. He has over 25 years of experience in the Solid Waste industry and has worked with numerous municipalities and private sector enterprises in the strategic development of solid waste collection and diversion programs, as well as solid waste facility infrastructure.

Mr. Duhamel has developed solid waste diversion programming for the Cities of Downey, Bellflower, La Puente, Industry, Cerritos, and Walnut throughout the last two decades. He has also spent a significant portion of his career in the regulatory and compliance side of the Solid Waste Industry, working for municipalities in Orange and Los Angeles Counties.

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Mr. Duhamel’s resume also boasts that he has served as the principal consultant in the development of two of Los Angeles county’s largest Material Recovery Facilities (MRF’s), namely: Downey Area Recycling and Transfer; and Grant Central Transfer and Recycling (City of Industry).

John A. Telesio: Senior Vice President
Mr. Telesio is a waste industry veteran steeped in Corporate Governance/Strategy, M&A, and Governmental Affairs for municipal solid waste franchising. Mr. Telesio is the previous Owner and President/CEO of Consolidated Disposal Service, Inc. (CDS), headquartered in the City of Santa Fe Springs. In May of 1997, after amassing a market share comprising 12 municipal franchises in L.A.

County, which included Avalon on Catalina Island, with service to over 150,000 residential and 5,000 commercial customers weekly and a fleet of 125 vehicles, he successfully merged his company with Republic Services, Inc., at a total transactional value of $38.8M.

Following the merger, Mr. Telesio founded a financial services boutique, Amicus Asset Management, a California Registered Investment Advisory. Amicus developed a proprietary Managed Futures algorithm that was vetted, and adopted, in 2006 by Dunn Asset Management, based in Stuart, FL, managing over $1B in public funds.

In 2007, Mr. Telesio became interim C.E.O. of Moore Electric, a $44M/yr. electrical contracting firm specializing in public infrastructure. Brought in by a syndicated bank, he was critically tasked with executing a financial turn-around plan to protect creditors and municipal sector clients. Within a 12month period, Mr. Telesio effectuated a corporate reorganization, secured a multi -million-dollar revolving credit facility with East West Bank, and increased the company’s bonding capacity to over $22M with Zurich Corporation. Said services were provided in conjunction with SC Capital Partners, Newport Beach.

For more than the past decade, Mr. Telesio has held himself out as consultant to the industry, with an emphasis on government affairs.

As the most recent example, beginning in January of 2019, Mr. Telesio accepted a project with Waste Resources, Inc. (WRI), a franchised hauler exclusively serving the Cities of Carson, Gardena, Lynwood, Hawaiian Gardens, and more recently, Glendale. In addition to providing strategic counsel, Mr. Telesio undertook the task of renegotiating an outdated franchise agreement in the City of Lynwood that had been hemorrhaging over $150k per month, with no contractual options for recuperation. In late 2021, the City of Lynwood adopted an Amended and R estated Franchise Agreement providing for a structural rate adjustment, retention of a cap on future rate adjustments to protect rate payers, the introduction of SB 1383 organics programs, and a 3-year term extension:
thereby rendering the franchise operationally solvent and financially sustainable.

At the beginning of 2022, Mr. Telesio partnered exclusively with MUNI, assuming the role of Senior Vice President, rounding out the firm’s overall skillset. -25-
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Stephen Howe: Senior Consultant
Stephen Howe brings extensive solid waste industry experience, Non-profit world expertise, and extensive knowledge and experience in working Jurisdictions, businesses, schools and school districts.

This knowledge and experience provide clients with cost effective, sustainable solutions. Mr. Howe has served as a southern California based environmental consultant since 1992. Mr. Howe audited and developed waste reduction and recycling programs for hundreds of businesses and schools in the Southern California area. Most notably, for twelve (12) consecutive years, he conducted a widely acclaimed waste diversion competition in the County of Los Angeles at multiple schools, kindergarten through 12th grade. Each year, an average of sixty (60) schools participated in this competition. These schools implemented many environmental projects on their campuses including electronic waste collection events, bottle and can recycling, mixed paper recycling, fo od waste diversion, food recovery, composting, vermicomposting, and source reduction. In just one example, these schools collected over 600,000 pounds of electronic waste that was then recycled in a 3-year period.

Mr. Howe has worked with many jurisdictions on their solid waste management programs.

Jurisdiction, businesses, and schools have a connection with each other through the way they manage their solid waste. Mr. Howe works with City staff, business owners and their staff, and schools to find solutions that benefit both entities. When diversion of materials and recycling occurs in jurisdictional businesses and school campuses, cities benefit from that reduction of materials that would have been directed to area landfills. When looking at schools they have many of the same problems that a City must address. Storm-water urban runoff, solid waste generation, litter, wastewater management, water consumption, hazardous materials management and all costs associated with these necessary services.

Mr. Howe has the experience and in-depth knowledge to create and implement programs and projects that will successfully and effectively address these needs and, in the end, will create sustainable solutions that are cost effective.

Trieu Le: Senior Consultant
Mr. Le graduated with a Bachelor of Science in Accountancy from California State University, Long Beach. Mr. Le has been on staff since 2014, prior to the firm’s rebranding as MUNI. Mr. Le has served as the lead Project Manager for the City of Industry contract, where he oversees their entire recycling permit and reporting program; in addition, he has provided ongoing monitoring for the C&D diversion programs in various jurisdictions, including the City of Irvine. Mr. Le’s skillset in accountancy has been key in the audits/analyses of financial data, rate reviews, and Franchise Hauler RFPs, in cities such as Bellflower, Lomita, Lynwood, West Hollywood, Corona, and Hawaiian Gardens.

V. Overview and Approach
Construction and Demolition Program (SB 1374)
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program was enacted in 2002, requiring municipalities to develop programs for construction waste diversion, with a current city requirement of seventy-five percent (75%) diversion.

Monitoring
MUNI will monitor the City’s active projects on a daily/weekly basis, as needed, by tracking and managing site-specific C&D waste generation, which documents adherence to, or deviations from, the City’s Waste Management Plan (“WMP”), beginning on the applicant’s original submittal date through the completion of each covered project. MUNI will quantify all on -site, off-site, and re-use covered materials as required by CalRecycle and the California Green Building Code.

Diversion Tonnage Reporting
MUNI will work closely with the franchised hauler and Permitted Recyclers (as applicable) to confirm the accuracy of reported tonnage information.

Job-Site Visits/Technical Assistance/Education Outreach On an ongoing basis, MUNI will review all submitted WMP applications, and verify with the franchised hauler the quantify their diversion efforts. Each general contractor from these projects will receive the City’s new construction & demolition recycling outreach package along with copies of reporting forms and requirements. MUNI will aid the contractor/developer in the completion of all forms and reporting requirements.

Commercial & Organic Recycling
Reporting
As prescribed in SB 1383 and AB 341, the compilation and retention of certain records is required for each municipality in the State of California. Since the passage of AB 341 (Mandatory Commercial Recycling) in 2011, and most recently the passage in SB 1383 (Mandatory Organics Recycling) in 2016, the collection of program implementation and effectiveness data has never been more critical.

On-site inspections, contamination monitoring and, commencing in 2024, program enforcement becomes a mandatory obligation for all jurisdictions in California.

MUNI will work closely with the City’s franchised hauler, CR&R Incorporated, in the ongoing inspection and reporting requirements associated with on-site compliance efforts. MUNI will also assist with inspections along with the mandatory recordkeeping requirements, compiling of all data of actionable items, such as on-site technical assistance (educational outreach) and enforcement efforts, in a report format approved by CalRecycle.

Database Management
All program information and data will be kept in MUNI’s proprietary database management program.

MUNI will manage a database that will record and document all recycler and generator activities associated with onsite commercial recycling, organics recycling and food rescue.

All database information including commodities, material handling, container size, bin decals (if required), and the generator/recycler relationship will be available for review by city personnel upon request.
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Local Assistance Grant(s)
MUNI was pleased to have had the opportunity of assisting the City in securing its allocation of funding under the SB 1383 Local Assistance Grants—for both the FY 2021-2022 cycle, as well as the impending grant for the FY 2022-2023 cycle.

MUNI is now available to provide further assistance to the City as needed to document and report eligible expenditures, as prescribed in the Procedures and Requirements document published by CalRecycle.

City Meetings and Annual Reporting
Staff Meetings
MUNI will, at a minimum, meet monthly with City Staff to review all deliverables and program implementation results. MUNI will prepare an agenda and produce working documents of all programs currently in process.

All program difficulties will be presented to City Staff to review proposed remedies. A report will be prepared on the hours allocated to each task to date. MUNI will review program costs, hourly budgets, and proposed changes to the pending tasks.

MUNI will monitor and track all legislation and regulations that may impact City. All pending legislation that pertains to solid waste and recycling will be assessed on behalf of the City. In the event such proposed legislation has any impact, either positive or negative, appropriate actions will be presented to the City for its consideration.

Subcommittee Meetings
Upon request, MUNI will participate and prepare minutes of all solid-waste subcommittee meetings.

CalRecycle/Staff
MUNI will participate in all virtual and live CalRecycle/City of Bellflower meetings. Whether this is an annual EAR meeting or called meeting by CalRecycle. Additionally, MUNI will be available for any Grant meetings with CalRecycle.

Franchise Hauler Meetings, Reporting and Reviews
Reporting
MUNI will review all disposal reports submitted by the franchised hauler and reconcile said reports with the disposal and non-disposal agencies/facilities referenced in the mandatory, quarterly disposal reports submitted by the hauler. MUNI has found that during the previous reporting years, the City has had consequential volumes of waste disposed on the City’s behalf that was not collected by the franchised hauler. Implementing an ongoing tracking and reporting system is imperative to managing the recycling and disposal rates, as well as monitoring different waste streams.

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MUNI will collect all disposal and recycling reports, as well as work with any third -party generators/collectors that may have additional tonnages to be reported.

Landfill Disposal Reconciliation
All landfill operators are required to report all waste materials received and disposed within their network of landfills. All disposal data uploaded into CalRecycle’s Recycling and Disposal Reporting System (RDRS) database will be reviewed and reconciled with hauler reports for inaccuracies and unpermitted activities by non-franchised haulers. Should unverifiable tonnages apportioned to the City of Bellflower be identified, MUNI will request additional hauler records from the facility operator, so to identify any unpermitted activities that would jeopardize the City’s diversion requirements under AB 939.

Database Management
As with the record keeping and documentation associated with Construction & Demolition, and Organics, MUNI will utilize its proprietary database management tool that will be accessible to the City and the hauler, documenting all solid waste activities from the point of generation through the recoded final disposition.

As hereinbefore stated, MUNI currently manages all solid waste activities in the City of Industry as well as Santa Fe Springs, with a database that incorporates every business entity and all points of collection and ultimate disposition. This same system is utilized to meet the reporting requirements of CalRecycle, at no licensing fee charged to client cities, haulers, or generators.

Quarterly Hauler Meetings
It is imperative to keep all lines of communication current. MUNI will facilitate quarterly meetings with City Staff and the franchised hauler. This will allow for the discussion of ongoing recycling efforts to remain current, especially with mandatory recycling programs for the multi-family and commercial sectors. MUNI will be responsible for creating the agenda and keeping minutes, thereby ensuring that anything requiring follow-up will be completed.

Franchise Agreement Administration
MUNI will assist the city in Franchise Agreement compliance and oversight. Assistance includes, but is not limited to, rate reviews, quarterly diversion report assessments, new program review and monitoring, agreement amendment reviews and comments, and hauler negotiations.

CalRecycle Annual Electronic Report
MUNI will facilitate the completion of the Electronic Annual Report (EAR) for CalRecycle, on or before the posted completion date, and will be in attendance during all bi-annual reviews and any local CalRecycle required meetings. MUNI will assist the City in implementing all mandatory “Formal Plan” and “In-formal Plan” updates.
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Site Visits/Technical Assistance & Outreach
Public Education and Outreach
Pursuant to CalRecycle guidelines and standards, MUNI will assist in the preparation of all education and outreach materials to be distributed by the City, as well as review all hauler generated outreach materials prior to production and/or distribution. MUNI will also facilitate the printing, collation, and mailing of all required publications. Copies of these publications will be kept in both hard and electronic formats and disseminated throughout City offices, counter displays, and files.

Social Media
MUNI will assist City Staff in the periodic preparation and publication of social media blasts that will promote several recycling programs including, but not limited to, organics recycling, food rescue, commercial recycling, blue container curbside recycling and used oil recycling.

Technical Assistance and Site Visits
CalRecycle requires ongoing site visits and technical assistance year-round. MUNI is uniquely suited to conducting technical outreach, as very few firms offer on-site visits and assistance.

MUNI will conduct site visits to those generators requesting variances and/or waivers. Additionally, those generators that have had ongoing issues with contamination or non-participation, all rise to the top of the site-visit list.

MUNI will perform random site visits, starting first at the location of the solid waste and recycling containers. The inspector will complete a site survey form with photographs of the containers, any documented contamination, trash overflows and graffiti or damaged receptacles. After the back-house visit, if needed, the inspector will facilitate first contact, attempting to identify the primary point of contact, with whom to set an appointment for a return visit or phone call, whichever is necessary and prudent.

All site-visits, documentation, forms, and outreach materials will be logged into MUNI’s proprietary database, then reduced to a summary report, including all follow-up communications, for review and discussion at the monthly and quarterly meetings. All materials prepared for presentation to the generator at the point of inspection or during the proceeding follow-up meeting(s) will be approved prior to dissemination by the Public Works Director.

Public Events & Workshops
MUNI will assist the City in setting up booths and tables as well as participate in public education and outreach activities throughout the community. Workshops are anticipated to be held Quarterly, and may coincide with additional outreach activities.

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CITY OF BELLFLOWER
AGREEMENT FILE NO. 696.5 - EXHIBIT B

FEE SCHEDULE
Payment to CONSULTANT for the services described in Exhibit A will be as follows:

Total Payments……………………………………………………...Not to Exceed $165,000.

Payment for SB 1383 Capacity Planning and Compliance Assistance Services will be based upon the hourly rates listed in CONSULTANT's 2024 Schedule of Rates, attached hereto as Exhibit B1.
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EXHIBIT B1
VI. Financial Considerations
MUNI will perform all tasks and responsibilities enumerated and described herein, on a continual basis throughout the life of the Professional Services Agreement, for an estimated, annual not-to exceed price of $165,000 per year.

All work would be approved prior to commencement and initiated through the City Manager’s office or the Public Works Director. Budgetary capacity is not a guaranteed annual requirement placed upon the City hereunder.

The underlying economics of this proposal are predicated on a minimum three (3) to four (4) year term, as dedicated staffing and resources will be assigned to the City, recognizing as well that there will be a realistic dedicated ramping up of management and personnel required.

Additional information and project details are available, and it would be our pleasure to further discuss the technical and/or logistical aspects of this proposal as the City’s deems appropriate.

All invoices will be submitted via time and materials as follows:

Rate Schedule for Professional Services
Position Personnel Hourly Rate
Principal Consultant Jeff Duhamel $195.00
Senior Consultant John Telesio $175.00
Project Manager Stephen Howe $165.00
Project Consultant Trieu Le $165.00
Site Inspector/Consultant Jorge Pirod $135.00
Administrative Support Trina Cittell $65.00

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CITY OF BELLFLOWER
RESOLUTION NO. 24-27

A RESOLUTION AMENDING THE OPERATING
BUDGET FOR FISCAL YEAR 2024-2025 TO

PROVIDE ADDITIONAL FUNDING FOR ORGANIC

WASTE RECYCLING PROGRAM
THE CITY COUNCIL RESOLVES AS FOLLOWS:

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

A.The City of Bellflower wishes to add additional funding to Organic Waste Recycling Account # 010-42360-3310 to allow MuniEnvironmental, LLC to conduct SB 1383 Capacity Planning and Compliance Assistance Services (AFN 696.6).

B.MuniEnvironmental, LLC is estimated to cost $165,000 and requires a budget amendment to the Operating Budget for Fiscal Year 2024-2025 to provide additional funds for the Organic Waste Recycling account.

SECTION 2.The City Council hereby amends the Operating Budget for Fiscal Years 2024-2025 as follows:

Adopted Amended
Account No Fund/Account Description Budget Adjustment Budget . 010-42360-3310 Organic Waste and Recycling $50,000 $157,272 $207,272 SECTION 3.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 4.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 5.Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 6.The Mayor, or presiding officer, is hereby authorized to affix 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. -33-

City of Bellflower
Resolution No. 24-27

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SECTION 7.This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 28TH DAY OF MAY 2024.
________________________________
Dan Koops, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
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14-M
TO: Honorable Mayor and Members of the City Council

FROM: Ryan Smoot, City Manager

SUBJECT: Consideration and possible action to consider: (1) approving a $7,500 contribution in Cannabis Education Funding to the 605 All Star Band, which will march in the Rose Parade in Pasadena, California, on January 1, 2025; (2) authorizing the City Manager or designee to coordinate with the 605 All Star Band and the City of Lakewood on a moving street closure for a practice parade march on December 1, 2024, from 1:30 p.m. to 3:30 p.m.; and
(3) approving the City to provide in-kind services to assist with the practice parade.

DATE: May 28, 2024

EXECUTIVE SUMMARY

On April 14, 2024, Thomas Philips, a Bellflower Unified School District (BUSD) music teacher and the band director of the 605 All-Star Band, submitted a donor request letter to the City seeking donations for the 605 All-Star Band. The 605 All Star Band, representing approximately 500 students from Artesia, Bellflower, Cerritos, Gahr, John Glenn, La Mirada, Mayfair and Norwalk high schools, has been selected by The Pasadena Tournament of Roses Association to march in the 136th Rose Parade on January 1, 2025. According to the Pasadena Tournament of Roses Association, the Rose Parade airs nationally to an audience of more than 50 million viewers, is broadcasted internationally in more than 170 countries, and garners a live audience of more than 700,000 spectators annually. Thousands of audition videos are submitted each year, and the Association has narrowed the field of participants for the 136th Rose Parade to 20 bands, which includes the 605 All Star Band led by Mr. Thomas Philips, band director at Mayfair High School.

The 605 All-Star Band is seeking donations to offset its per student participation costs of $572. The band is estimated to be as large as 500 students from 8 participating schools. The estimated number of Bellflower High School students that will participate in the Rose Parade performance is 75 students. As such, the City Manager is recommending a $100 donation per Bellflower High School student, for a total contribution of $7,500 in Cannabis Education Funding to the 605 All-Star Band.

The City Manager is proposing to utilize cannabis education funding for the City’s donation because being in a high school band provides students with a structured and supportive environment that encourages discipline, teamwork, and a sense of belonging. The commitment to regular rehearsals and performances helps keep students engaged in positive activities, reducing idle time that might otherwise be spent on risky behaviors. Additionally, the camaraderie and peer support found within the band can reinforce healthy lifestyle choices, further deterring students from experimenting with illicit and illegal drugs.

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"o ROWING TOGETk‘YFS t f t

Staff Report – 605 All-Star Band Donation Request
May 28, 2024

Page 2 of 2 ends

EXECUTIVE SUMMARY – Continued

Additionally, the letter from Mr. Thomas Philips also requests support from the cities of Bellflower and Lakewood to jointly work together to provide street closures and Public Safety support to divert and/or hold opposing traffic for a practice march on December 1, 2024, from 1:30 p.m. to 3:30 p.m. The proposed practice route will depart from Ron Yary Stadium at Bellflower Middle/High School on Alondra Boulevard going west and will then head south on Woodruff Avenue down to South Street. The parade will then travel west on South Street and conclude at Mayfair Park. City in-kind expenses to support the proposed practice parade on December 1, 2024, are estimated to be approximately $10,000, as multiple city departments including Public Safety, Public Works, and Parks and Recreation would assist in the development, coordination, and execution of the practice parade march.

RECOMMENDATION TO CITY COUNCIL

1) If appropriate, approve a $7,500 contribution in Cannabis Education Funding to the 605 All-Star Band; and

2) Authorize the City Manager or designee to coordinate with the 605 All Star Band and the City of Lakewood on a moving street closure for a practice parade march on December 1, 2024, from 1:30 p.m. to 3:30 p.m.; and

3) Approve the City to provide in-kind services to assist with the practice parade; or

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

FISCAL IMPACT

The proposed donation includes $7,500 in Cannabis Education Funding (Account No. 037-43036-2510) and an estimated $10,000 in in-kind contributions from the Public Works Department staff, Public Safety Department staff, and Parks and Recreation Department staff.

ATTACHMENT

605 All Star Band Donor Letter ....................................................................................... 3 -2-

April 14, 2024

Dear Cities of Bellflower (Mayor Dan Koops) and Lakewood (Vice Mayor Todd Rogers):

I want to say “thank you” for having city staff meet with myself and my colleagues last month as we presented our projects to both cities to promote and fundraise for the 605 All Star Band. This “super band” will march in the Tournament of Roses Parade in Pasadena on January 1, 2025.

I am officially asking both cities to work together to help build a parade that will march through both cities on December 1, 2024, beginning at 1:30 PM to 3:30 PM.

The parade will be departing from: Ron Yary Stadium on Alondra Ave. going east and then heading south on Woodruff Ave. The parade will then go west on South Street and disbanding at Mayfair Park. We are asking for both cities to advertise on social media, send press releases, make posters and banners to help promote the local high schools (Artesia, Bellflower, and Mayfair), and the 500 students who will participate in the parade. We are requesting your combined efforts for street closures and Sherriff’s support to help divert and hold opposing traffic as the parade marches through this planned route.

To offset the participation costs of $572.00 per student, we are asking for a donation to each of the three high schools from each city. The band may be as big as 500 from all 8 schools participating, but our three schools have approximately 75 students each who have signed up. Any amount to help offset their expenses would be appreciated.

The other band directors and I look forward to assisting both cities for this once in a lifetime endeavor for students. Thank you in advance for both Bellflower and Lakewood working together to create an amazing hometown parade to promote the band, our students, civic pride and our two great cities.

Thank you,

Thomas Philips
Band Director

-3-

SOUTHERN CALIFORNIA
ALL-SIM? BAND

TO: Honorable Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Dan Koops, Mayor

SUBJECT: Consideration and possible action to receive and file Official Travel Report –

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, 65th Annual
Municipal Seminar, May 16 - 19, 2024 (Pursuant to AB 1234).

DATE: May 28, 2024

EXECUTIVE SUMMARY

See attached Official Travel Report.

RECOMMENDATION TO CITY COUNCIL

1) Receive and file Official Travel Report for the California Contract Cities Association, 65th Annual Municipal Seminar; or

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

ATTACHMENT

Official Travel Report ..................................................................................................... 2 14-N01: BELLFLOHQ
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TO: Honorable Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Dan Koops, Mayor

SUBJECT: Official Travel Report – California Contract Cities Association, 65th Annual Municipal Seminar, May 16-19, 2024 (Pursuant to AB 1234)

DATE: May 28, 2024

State law requires that local government officials report on their official travel activities when public funds are expended. Therefore, pursuant to California Government Code Sections 53232.2 and 53232.3 and Bellflower City Council Resolution No. 06-02, the following Travel Report is submitted to the City Council.

Mayor Pro Tem Ray Dunton, Council Members Wendi Morse, Victor Sanchez and Sonny Santa Ines, and I traveled to Indian Wells, CA, for the California Contract Cities Association, 65th Annual Municipal Seminar.

Dates of the conference were May 16 - 19, 2024.

Conference travel dates are as follows:

Ray Dunton, Victor Sanchez

Arrived - Wednesday, May 15, 2024
Departed - Sunday, May 19, 2024

Dan Koops, Wendi Morse and Sonny Santa Ines

Arrived - Thursday, May 16, 2024
Departed - Sunday, May 19, 2024

Attachment: Conference Program

C: City Clerk
Director of Finance

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WELCOME

BUILDING BRIDGES

AND CONNECTING

COMMUNITIES
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' A Connected Community

EXECUTIVE
BOARD

OFFICERS
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NORWALK
A Connected Community
i: ANNUAL ,' I, MUNICIPAL ., \‘i SEMINAR ,, i
' VICE PRESIDENT

JENNIFER PEREZ
a City of Norwalk
_ PRESIDENT EMERITUS
, -. JULIAN A. GOLD, M.D.
v \ City of Beverly Hills

SECRETARY/TREASURER

BRENDA OLMOS
City of Paramount

IMMEDIATE PAST PRESIDENT

JEFF WOOD
City of Lakewood

COMMITTEE CHAIRS
Yesenia de La Rosa Avalon Nancy Tragarz Walnut
Ambassadors Budget & Audit
Nancy Hunt-Coffeym Beverly Hills James Bozajian Calabasas City Managers Director-at-Large
Frank Zerunyan Rolling Hills John Erickson West Hollywood Emeritus Director—at—Large Estates Legislative
Claudia M. Frometa Downey Oscar Flores Lynwood
Membership Resolutions
Gustavo Camacho Pico Rivera Mark Waronek Lomita
Special Events Associate Members
Sandra Armenta Rosemead Drew Boyles El Segundo
Bylaws Director-at—Large
Ray JaCkSOD Hermosa Beach Sal Melendez Montebello
Director—at-Large Legal & Contracts
Jose Gonzalez Cudahy Victor Sanchez Bellflower
Marketing Public Safety
Margaret Finlay Duarte Marcel Rodarte | Executive Director Selection

BUILDING BRIDGES AND

CONNECTING COMMUNITIES
fi\
lTY o NORWALK
A Connected Community

MUNICIPAL

SEMINAR
THURSDAY I MAY 16*"
7:00 am - 4:00 pm I Putting Around with Jenni-Fore Par—ex - 2024 CCCA Annual Municipal Golf Tournament I Indian Wells Golf Resort 8:00 am I Shotgun Start I Indian Wells Golf Resort
l:00 pm I Tournament Reception and Rattle I lndlan Wells GolfResort 3:00 pm - 5:00 pm I Registration Open I Crystal Ballroom Foyer 5:00 pm ~ 6:30 pm I Welcome Reception I Casude Landing
FRIDAY I MAY 17‘"
7:00 am - 8:30 am I Welcome Continental Breakfast I Crysral Ballroom Foyer 7:30 am — 8:30 am I Newly Elected Welcome Breakfast I Cava Restaurant 8:30 am - 9110 am I Seminar Welcome/Business Session I Crysul Ballroom Speaker I Marcel Rodarte | Executive Director | California Contract Cities Association Speaker I Mayor Margarlta Rlos | City of Norwalk (Pledge of Alleglance) Speaker I Mayor Greg Sanders | City of Indlan Wells
Speaker I Council Member Jennifer Perez | City of Norwalk | CCCA Vice President 9110a": — 10130 am I Session 1: Breakfast Keynote Speaker - Mark Kamp AKA Marvelless Mark I Crystal Ballroom Speaker I Mark Kamp AKA Marvelless Mark
10500m'n-10:10am I Break
10:10 am - 11:10 am I Session 1: SB 1383 Updates - Bridging the Knowledge Gap Organically I CrysuI Ballroom Moderator I Council MemberJennifer Perez | City of Norwalk Speaker I Gary Clifford I Senior EVP | Athens
Speaker I Colleen Foster | Senior Associate | HF&H
Speaker I Mlke Learakos | CEO I Abound Food Care
Imam-11:20am I Break
11:20 am - 12:20 pm I Session 3: Care Court/Mental Health/Homelessness - Connecting Partnerships to Combat Homelessness Crystal Ballroom Moderator I Councll Member Chrls Baralas I Clty of Jurupa Valley Speaker I Anaruth Gonzalez | Director of Family Law | Probate I Mental Health | Superior Court of Los Angeles Speaker I Connle Draxler | Acting Chlef Dlrector | LA County Department of Mental Health Speaker I Marco SunzI DlrectorI Office of Independent Council I LA Superlor Court 12:20 pm - 12:30 pm I Break
12:30 pm - 2:00 pm I Ice Cream Social Sponsored by California JPIA l2:30 pm - 2:00 pm I Session 4 (Lunch Session) — Connecting our Communities with our County SupeMsors crystal Ballroom Moderator I Jorge Morales I CCCA Legislative Consultant Supervisor Holly J. Mitchell | Los Angeles County 2nd Distrlct 12:30 pm | Speaker Part I
Supervisor Karen Spiegel I Riverside County 2nd District Supervlsor Janice Hahn | Los Angeles County 4th Dlstrlct 1:I5 pm I Speaker Part2
Supervisor Kathryn Barger | Los Angeles County 5th Distrlct 1:00 pm < 3:15 pm I President's Reception Crystal Foyer 2:15 pm - 4:15 pm AB 1230 Ethics mining Valencla l-IV
Speaker Arnold M. Alvarez-Glasman, Managlng Partner - Alvarez-Glasman & Colvln

MUNICIPAL

SEMINAR

BUILDING BRIDGES AND

CONNECTING COMMUNITIES
f.52\

NORWALK
A Connected Community
8 30 am I Continental Breakfast I Crystal Ballroom Foyer 9:00 am - 10:00 am Session 5: Breakfast Keynote Speaker ~ Alex Budak (TED Talk) I Crystal Ballroom Speaker Alex Budak (TED Talk)

10.00 am~ 10:103m Break
10:10 am < 11:10 am Session 6: Tap into Your Teen's Potential — Fostering Homegrown Leadership Crystal Ballroom Speaker Rosie Lomya | Recreation Supervisor | City of Norwalk Speaker Patricia Santana | Recreation Coordinator | City of Norwalk Speaker Allison Franco | Recreation Coordinator | Ctly of Norwalk Speaker James Pedroza | Recreation Leader III | City of Nomalk 11:10amA11220am Break
1 1:20 am ~ 12:20 pm Session 7: Using Alas a Workforce Multiplier and Narrowing the Digital Divide Crystal Balm Moderator Mayor Jose Gonzalez | City of Cudahy
Speaker Sloan Aguilar-Varlng |Vlce President | IBE Digital Speaker Clay Garner | Advisor | Oneteta
Speaker John Parker iVlce President of Data Science and Research | Hexalytlcs, inc Spam Shayna Englin | Director | CA Community Foundation Digital Equity initiative and Digital Equity Los Angeles (DELA) Break
12:30 pm - 2:00 pm Session 8: (Lunch Session) Keeping the Peace when Things Heat Up Crystal Bataan Moderator Council Member Brenda Olmos i City of Paramount Speaker Sherilf Robert Luna | LA County
Speaker Undersherlff Don Sharp | Riverside County
Speaker Chief Tony Marrone | Los Angeles County Fire Department Speaker Chief Blil Weiser | Riverside County Fire Department ZlSpm‘AflS pm AB 1661 - Sexual Harassment'l'reinlng I Valencia 1&1! Speaker Roger A. Colvln » Senior Partner | Alvarez-Glasman & Colvln 6:00 pm - 6:30 pm Installation Dinner Reception I crySIaI Foyer 6:30 pm - 8:00 pm Installation Dinner I Crystal Ballroom Master of Ceremonies Marcel Rodarte, CCCA Executive Director Invocation Council Member Brenda Olmos | City of Paramount Pledge of Allegiance Bob Arthur
12:20pm-1730pm I
Installing Officer Supervisor Jannice Hahn
8:15 pm . 9:00 pm Fireworks Reception I Rose Lawn
9:00 pm - 11:30 pm I Special Entertainment I Srlr Lounge 8:00am- 1030 am I
SUNDAY MAY 19"“
Grab Some Juice and Jim with Jenn I Muuntaaiew ileum

65TH ANNUAL
= MUNICIPAL SEMINAR

BUILDING BRIDGES AND

CONNECTING COMMUNITIES

ENTRANCE TO SESSIONS

CHECK-IN
GUESTS GUESTS Ufiwflg ENTRANCE ENTRANCE
.Table #
1 Avenue Insights 15 West Coast Arborists
2 Securitas USA 16 MNS Engineers
3 TNT Fireworks l7 Tarkett
gitilgegiéisceetiene Warranty Program I8 AL ADS
szifxgiiiasrzrtmem°”°°d EssniicaéésgslniarFeuowship
u lSN Global Enterprises, Inc. Crown Castle
Commercial Bank of California Nationwide Environmental Services a Climatec Water Replenishment District
n Willdan Southern California Edison
Ififrfi'i‘fifiitfgfilfglggrgptergggflg 23 Southern California Gas Company Republic Services California JPIA
12 LA. County Fire Department 25 Tripepi Smith
13 Athens Services LA. County Public Works
l4 Transtech Engineers 27 LA. County RR/CC

TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

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

SUBJECT: Consideration and possible action to authorize the City Manager to execute Agreement File No. 320.8.11, in a form approved by the City Attorney, with Bellflower-Somerset Mutual Water Company, for the lease of water pumping allocation rights for Fiscal Year 2023-2024.

DATE: May 27, 2024

EXECUTIVE SUMMARY

Agreement File No. (AFN) 320.8.11 allows Bellflower-Somerset Mutual Water Company (BSMWC) to lease the City’s 680 acre-feet (AF) of water rights for Fiscal Year 2023-24.

AFN 320.8.11 details the water lease provisions, and following approval, must be transmitted to the Watermaster for acknowledgement.

RECOMMENDATION TO CITY COUNCIL

1) Authorize the City Manager to execute Agreement File No. 320.8.11, in a form approved by the City Attorney; or

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

FISCAL IMPACT

Under AFN 320.8.11, the lease of 680 AF of water rights for the 2023-24 Fiscal Year at the rate of $125.00 per acre foot will generate $85,000 total revenue.

DISCUSSION

Following the sale of the City’s Municipal Water System in November 2022 (that included 700 acre feet of water rights), the City still owns 680 AF of water rights.

The City may sell or lease these water rights as California law treats water rights as if it were real property. Previously, the City leased a portion of the available allocation to Bellflower-Somerset Mutual Water Company on an annual basis. This year the Public Works Department sent out a request for proposals for the lease of these water rights for Fiscal Year 2023-24 to the surrounding water agencies. Only one proposal was submitted by the deadline on May 22, 2024, and was submitted by Bellflower-Somerset Mutual Water Company.

Page 1 of 2 ends

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Staff Report - AFN 320.8.11
Bellflower-Somerset Mutual Water Company
May 28, 2024

Page 2 of 2 ends

DISCUSSION – Continued

The proposed lease includes 680 AF at the rate of $125.00 per AF for Fiscal Year 2023-24. The proposed lease would generate $85,000 for the City. AFN 320.8.11 details arrangement, and following approval, must be transmitted to the Watermaster for acknowledgement. Ultimately, the agreement to lease the water rights to BSMWC will continue to support its operations in the City while generating revenue for the City.

ATTACHMENT

Agreement File No. 320.8.11 .......................................................................................... 3 2 AGREEMENT FILE NO. 320.8.11

LEASE AGREEMENT

BETWEEN

THE CITY OF BELLFLOWER AND

BELLFLOWER-SOMERSET MUTUAL WATER COMPANY

FOR LEASE OF WATER RIGHTS

THIS LEASE is entered into this 28th day of May 2024, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”) and BELLFLOWER-SOMERSET MUTUAL WATER COMPANY, a California corporation (“LESSEE”).

1. RECITALS. This Lease is made with reference to the following facts and objectives:

A. CITY and LESSEE are parties to the Water Sales Agreement and Agreement for Lease of Water Pumping Allocation Rights
(Agreement File No. 320.8) pursuant to which LESSEE agrees to lease from CITY the right to extract any portion of CITY’S 1,380 acre-feet of water pumping allocation rights not required to meet the actual service and operational demands for the Municipal Water System;
B. Both CITY and LESSEE are parties in that certain water adjudication judgment entered in Los Angeles County Superior Court Case No. 786656, entitled Central and West Basins Replenishment District v. Charles E. Adams, et al.;

C. CITY was certified by the Central Basin Watermaster to have a pumping allocation equal to or in excess of the amount herein leased to LESSEE;

D. LESSEE determined its pumping allocation rights are not sufficient to meet its needs;

E. CITY wishes to lease to LESSEE 680 acre-feet with flex of CITY’S allowed pumping allocation rights;

F. LESSEE desires to lease from CITY pumping allocation rights of 680 acre-feet with flex (“Property”).

2. LEASE; DESCRIPTION OF PROPERTY. CITY leases to LESSEE to use, on the terms and conditions of this Lease, the right to extract water from the Central Basin to the extent of an agreed pumping allocation of 680 acre -feet with flex for Fiscal Year 2023-24 identified in attached Exhibit “A” (“Property”), which is incorporated by reference.

3. RENT. LESSEE agrees to pay to CITY the sum of $85,000 for 680 acre-feet with flex at a rate of $125 per acre-foot for Fiscal Year 2023-24. CITY will invoice LESSEE within five days after the Effective Date of this Agreement. Payment for Fiscal Year 2023-2024 must be made within 14 days after CITY transmits the invoice to LESSEE.
3 City of Bellflower
Agreement File No. 320.8.11
Bellflower-Somerset Mutual Water Company

Page 2 of 5 ends

4. TERM. The term of this Lease commences on May 28, 2024, and remains in effect until June 30, 2024.

5. USE OF PROPERTY. Subject to the limitations listed below, LESSEE must exercise all Property leased hereunder, must pump the same on behalf of the CITY, and must put the same to beneficial use. The Property may not be used for any other purpose.

6. CITY’S LIMITED WARRANTY. CITY warrants that it is under no disability, restriction or prohibition, whether contractual or otherwise, with respect to its right to execute this agreement and perform its terms and conditions and has the legal right, power and authority to grant all of the rights granted herein. CITY warrants that it has 680 acre feet of adjudicated right and it has not pumped and will not pump or permit or lease any other person to pump any part of said 680 acre feet during the term of this Lease.

7. TERMINATION. This Lease may be terminated as follows:

A. At the expiration of the term;
B. Upon mutual written agreement between the parties;
C. Upon the Property being condemned; or
D. Should LESSEE materially breach this Lease and fail to cure such breach within thirty (30) days of being notified by CITY regarding such breach to CITY’s reasonable satisfaction.

8. SALE OR TRANSFER BY CITY. Should CITY, at any time during the term of this Lease, sell, lease, transfer, or otherwise convey all or any part of the Property to any transferee other than LESSEE, then such transfer will be under and subject to this Lease and all of LESSEE’s rights hereunder.

9. CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu thereof, LESSEE acknowledges that it will have no claim to any compensation awarded for the taking of the Property or any portion thereof or for loss of or damage to LESSEE’s improvements.

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

11. ASSIGNMENT AND SUBLETTING. This Lease may not be assigned, transferred, or sublet by LESSEE, court order, or through any other means. Any such purported transfer will be null and void.

4 City of Bellflower
Agreement File No. 320.8.11
Bellflower-Somerset Mutual Water Company

Page 3 of 5 ends

12. INDEMNIFICATION.

A. LESSEE 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 Lease, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this Lease, or its performance, pursuant to this Lease, LESSEE will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.

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

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

13. COMPLIANCE WITH LAW. LESSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction that LESSEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and LESSEE.

14. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this Lease will not constitute a waiver of any further breach of the same or other term of this Lease.

15. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LESSEE, or a general assignment by LESSEE for the benefit of creditors, or any action taken or offered by LESSEE under any insolvency or bankruptcy actio n, will constitute a breach of this Lease by LESSEE, and in such event this Lease will automatically cease and terminate.

5 City of Bellflower
Agreement File No. 320.8.11
Bellflower-Somerset Mutual Water Company

Page 4 of 5 ends

16. 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 LESSEE:

If to CITY:

Attention: Steve Lenton Attention: Len Gorecki
Bellflower-Somerset Mutual Water
Company
City of Bellflower
10016 Flower Street 16600 Civic Center Drive
Bellflower, CA 90706 Bellflower, CA 90706
562-866-9980 (562) 804-1424
slenton@bsmwc [email protected]

17. 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 counterpar t. 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 i s delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

18. GOVERNING LAW. This Lease has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Lease will be in Los Angeles County.

19. PARTIAL INVALIDITY. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Lease will remain in effect, unimpaired by the holding.

20. INTEGRATION. This instrument and its attachments constitute the sole agreement between CITY and LESSEE respecting the Property, the use of the Property by LESSEE, and the specified term, and correctly sets forth the obligations of CITY and LESSEE. Any Lease or representations respecting the Property or its licensing by CITY to LESSEE not expressly set forth in this instrument are void. There is one (1) attachment to this Lease. 6 City of Bellflower
Agreement File No. 320.8.11
Bellflower-Somerset Mutual Water Company

Page 5 of 5 ends

21. CONSTRUCTION. The language of each part of this Lease will be construed simply and according to its fair meaning, and this Lease will never be construed either for or against either party.

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

23. COUNTERPARTS. This Lease may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.

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

CITY OF BELLFLOWER BELLFLOWER-SOMERSET

MUTUAL WATER COMPANY

_________________________ ________________________
Ryan Smoot, City Manager Steve Lenton,
General Manager

ATTEST:

_________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

_________________________
Karl H. Berger, City Attorney

ATTACHMENT:

Exhibit A – BSMWC Water Rights Lease Proposal

7 8
Water Lease Proposal
To: City of Bellflower
For: Lease of Water Pumping Rights
From: Bellflower Somerset Mutual Water Co.
(Agency Name as given on the Central Basin Watermaster Records) Quantity of Acre Feet Price Per Acre-Foot Total Amount
680 $125.00 $85,000
Signed: J; Date: 5 22 2024
Name (print): Steve Lenton
Agency Name: Bellflower Somerset Mutual Water Co.

Address: 10016 Flower St, Bellflower Ca. 90706
Phone Number: 5 624365—9980
Full Name and Title of the designee to appear in the lease document:

Name; Steve Lenton
TItIe' General Manager
Proposals are due no later than Wednesday, May 22, 2024, by 12:00 pm, and may be submitted via email to Sarah Ho, Public Works Manager, [email protected]. Any questions can be directed to her via email or by phone at (562) 804-1424 ext. 2233.

Bellflower City CouncilMay 28, 2024

Bellflower City Council
May 28, 2024