Bellflower City Council
November 25, 2024

Fiscal Year 2023-2024 Housing Successor Annual Report
November 25, 2024

Fiscal Year 2023-24 alternative administration and monitoring expenditure limit set forth by the Department of Housing and Community Development (HCD), adjusted for CPI, is $263,100. The City’s total monitoring and administration expenditures were below the threshold even without the CPI adjustment.

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

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

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

Asset Type
Statutory Value
as of End of Fiscal Year
Statutory Value of Real Property Owned by Housing Successor $1,051,300 Value of Loans/Notes Receivable, Net of Forgivable
Loans/Notes
$4,931,571
Loan Receivable from Successor Agency $2,148,347
Total Assets $8,131,218

VI. DESCRIPTION OF TRANSFERS

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

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

VII. PROJECT DESCRIPTIONS

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

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

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

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

Fiscal Year 2023-2024 Housing Successor Annual Report
November 25, 2024

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

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

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

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

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

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

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

X. EXTREMELY-LOW INCOME TEST

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

H&S Section 34176.1(a)(3)(B) requires that the Housing Successor must expend at least 30% of t he remaining funds in the LMIHAF for the development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely-Low Income requirement in any five-year report, then the Housing Successor must ensure that at least 50% of the remaining LMIHAF funds expended in each fiscal year following the latest fiscal year following the report are expended for the development of rental housing affordable to, and occupied by, households earning 30% or less of the AMI until the

Fiscal Year 2023-2024 Housing Successor Annual Report
November 25, 2024

Housing Successor demonstrates compliance with the Extremely-Low Income requirement.

Extremely-Low Income Test 2019-2024 Period
LMIHAF Spent on Extremely-Low Income Households $19,600 (a) Total LMIHAF (Five Year Total) $19,600 (b)
Extreme-Low Income Test

100.00% (a)/(b)

The next time this information is required to be reported will be in the FY 2028-2029 Annual Report for the 2024–2029 period, which marks the third of the five-year periods added by Section 34176.1.

XI. SENIOR HOUSING TEST

This Section provides the percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report, the ten-year period reviewed is January 1, 2014 to December 31, 2023.

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

The following provides the Housing Successor’s Senior Housing Test for the 10-year period of 2013-2014 to 2023-2024:

Senior Housing Test 2013-14 to 2023-24 # of Assisted Senior Rental Units 0 # of Total Assisted Rental Units 0 Senior Housing Percentage 0

XII. EXCESS SURPLUS TEST

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

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

Fiscal Year 2023-2024 Housing Successor Annual Report
November 25, 2024

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

FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24
Cash Beginning Balance $ 513,966 $ 415,783 $ 460,692 $ 479,578 $401,449 Add: Deposits $ 246,668 $ 349,904 $ 343,166 $ 227,330 $254,705 Less: Disbursements $ 344,851 $ 304,995 $ 324,280 $ 305,459 $199,367 Cash Ending Balance $ 415,783 $ 460,692 $ 479,578 $ 401,449 $456,787

The LMIHAF does not have an Excess Surplus.

XIII. INVENTORY OF HOMEOWNERSHIP UNITS

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

Since the dissolution of the Redevelopment Agency in 2012, there were a total of 17 First Time Homebuyer and Single Family Rehabilitation loans that were assisted by the Housing Successor and subject to recorded covenants/restrictions. Since February 1, 2012, five units have been lost from the portfolio. Please see table below for the list of currently outstanding loans. In Fiscal Year 2017-18, one unit was lost due to foreclosure (HAP#103) and another unit was lost because the loan was repaid (HAP#98). The remaining 3 units (HAP#97, 91 and 102) were repaid and satisfied in Fiscal Years 2018-19, 2019-20 and 2021-22, respectively.

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

City Assigned
Homebuyer’s Assistance
Program #
Address Status Update
(As of June 30, 2024)
91 16640 Bellflower Blvd (Belmont Court) CLOSED
93 16630 Bellflower Blvd (Belmont Court) ACTIVE
94 16680 Bellflower Blvd (Belmont Court) ACTIVE
95 16644 Bellflower Blvd (Belmont Court) ACTIVE
96 16660 Bellflower Blvd (Belmont Court) ACTIVE
97 16650 Bellflower Blvd (Belmont Court) CLOSED
98 16632 Bellflower Blvd (Belmont Court) CLOSED
99 16678 Bellflower Blvd (Belmont Court) ACTIVE
100 16642 Bellflower Blvd (Belmont Court) ACTIVE
101 16634 Bellflower Blvd (Belmont Court) ACTIVE
102

9815 Walnut unit 201 CLOSED
103 9815 Walnut unit 202 CLOSED

Fiscal Year 2023-2024 Housing Successor Annual Report
November 25, 2024

City Assigned
Homebuyer’s Assistance
Program #
Address Status Update
(As of June 30, 2024)
104 9815 Walnut unit 203 ACTIVE
106 9815 Walnut unit 205 ACTIVE
107 9815 Walnut unit 206 ACTIVE
108 16670 Bellflower Blvd. (Belmont Court) ACTIVE
109 9815 Walnut unit 204 ACTIVE

Note: The preceding table shows the homeownership inventory as of June 30, 2024. During Fiscal Years 2019-20 and 2021-22, the First Time Homebuyer program loans for HAP #91 and 102 were repaid and satisfied. During FY 2018-19, the First Time Homebuyer voluntarily paid the principal amount of the program loan before it became due and payable (HAP #97). During FY 2017-18, the First Time Homebuyer program loan for HAP#98 was repaid and satisfied.

Although the program loan was satisfied, the unit was also assisted with HOME funds and will remain affordable to low-income households pursuant to its respective HOME covenants. During FY 2017-18, 9815 Walnut St., Unit 202 (HAP#103) was lost due to foreclosure. However, the unit will remain affordable to low-income households pursuant to its HOME covenant.

This Report is to be provided to the Housing Successor’s governing body by December 31, 2024.

In addition, this Report and the former redevelopment agency’s pre-dissolution Implementation Plans are to be made available to the public on the City’s website: www.bellflower.org

14-F

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 contribute $5,000 in Cannabis Education Funding for the 202 4 Christmas with a Cop Event to take place on December 19, 2024.

DATE: November 25, 2024

EXECUTIVE SUMMARY

Staff is recommending using Cannabis Education Funding for the 202 4 Christmas with a Cop event – scheduled for December 19, 2024. The funding will be utilized to acquire gift cards and/or other appropriate gifts for underprivileged children in the community.

Any marketing of the event would include a drug prevention message targeted to vulnerable youth at risk of illicit drug use.

RECOMMENDATION TO CITY COUNCIL

1) Approve $5,000 in Cannabis Education Funding for the 2024 Christmas with a Cop event; or

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

FISCAL IMPACT

$5,000 in Cannabis Education Funding (Account No. 037-43036-2510).

DISCUSSION

Public Safety is hosting for the fifth year our Christmas with a Cop event which supports underprivileged children in the community. We work with Caring Connections to select fifteen Bellflower Unified School District students for participation in the event. Deputies from our SAO team will be on hand to distribute the gifts to the students.

With funding coming from cannabis education, various “drug free” educational material will be included in the gifts provided to the students. 1: BELLF
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14-G
TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Travis Sais, Deputy City Manager

SUBJECT: Consideration and possible action to adopt Resolution No. 24-62 – A Resolution adjusting the salary range table for the two salary ranges impacted by the January 1, 2025 minimum wage increase.

Date: November 25, 2024

EXECUTIVE SUMMARY

On January 1, 2025, the minimum wage will increase from $16.00 to $16.50 per hour.

The proposed resolution authorizes the necessary adjustments to the current salary range table to ensure compliance with the minimum wage law. This includes adjusting two specific salary ranges to reflect the increased minimum wage. The City currently has two salary ranges that are tied to minimum wage. Range P54 is a single step range that is equal to the current minimum wage and increases automatically when minimum wage is increased. Range P123 is a five-step range with Step A equal to minimum wage and each consecutive step being 5% above the previous step. These two salary ranges will be updated to reflect the new minimum wage.

RECOMMENDATION TO CITY COUNCIL

It is recommended that the City Council:

1) Adopt Resolution No. 24-62; and

2) Authorize the City Manager to implement the proposed changes to the salary range table; or

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

FISCAL IMPACT

The estimated annual payroll cost increase including taxes is $5,300.

ATTACHMENT

Resolution No. 24-62……………………………….…………………………………………2
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CITY OF BELLFLOWER

RESOLUTION NO. 24-62

A RESOLUTION ADJUSTING THE SALARY TABLE FOR THE TWO
RANGES IMPACTED BY THE JANUARY 1, 2025 MINIMUM WAGE

INCREASE

THE CITY COUNCIL RESOLVES AS FOLLOWS:

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

A. On January 1, 2025, the minimum wage will increase from $16.00 per hour to $16.50 per hour.

B. The City has two salary ranges that are impacted by the minimum wage increase and therefore needs to amend the salary table to adjust the two associated salary ranges. The amended salary table, showing the changes, is attached as Exhibit “A,” and incorporated by reference.

SECTION 2. Authorization/Action.

A. The City Council authorizes the City Manager, or designee, to implement the proposed changes to the salary table as reflected in the attached Exhibit A, which is incorporated by reference. These changes are effective the first day of the payroll that includes January 1, 2025.

B. To the extent that any other resolution pertaining to the adjusted salary range conflicts with this Resolution, including Exhibit A, it is superseded.

SECTION 3. Preservation 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. Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.

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

2 City of Bellflower
Resolution No. 24-62

SECTION 6. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts were made to form accurate assumptions. Somewhat related to this are the limitations on the City’s ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 7. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.

The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 8. Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.

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

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

SECTION 11. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

///
///
///

3 City of Bellflower
Resolution No. 24-62

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 25TH DAY OF NOVEMBER 2024.

________________________________
Dan Koops, Mayor

ATTEST:

________________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

KARL H. BERGER, CITY ATTORNEY

________________________________
Justin A. Tamayo, Assistant City Attorney

ATTACHMENT:

Exhibit A – Salary Range Table

4 City of Bellflower
Resolution No. 24-62 - Exhibit A

All Minimum Wage changes will go into effect on the first day of the payroll that includes January 1, 2025.

Range Title Job
Analysis
Basic Salary Plan (Hourly)
Step A Step B Step C Step D Step E
P54 Maintenance Assistant B 16.5000 N/A N/A N/A N/A
P54 Intern I A 16.5000 N/A N/A N/A N/A
P123 Recreation Leader D 16.5000 17.3250 18.1913 19.1008 20.0559 P123 Auditorium Technician D 16.5000 17.3250 18.1913 19.1008 20.0559

5

14-H
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 authorize the City Manager to execute Amendment No. 9 to Agreement File No. 548.2, in a form approved by the City Attorney, with O’Neil Ventures, Inc., to extend the term for one year and provide compensation for business consulting and restaurant and retail food establishment broker services.

DATE: November 25, 2024

EXECUTIVE SUMMARY

O’Neil Ventures, Inc. (O’Neil Ventures) has been providing the City with marketing and development guidance, commercial broker services, real estate research, commercial marketing and recruitment efforts, and expert analysis of restaurants, food-uses, and retail business operations. Amendment No. 9 to Agreement File No. 548.2 will maintain the services of O’Neil Ventures for an additional year in 2025 at the existing hourly rate, for a total not-to-exceed (NTE) amount of $100,000.

RECOMMENDATION TO CITY COUNCIL

1) Authorize the City Manager to execute Amendment No. 9 to Agreement File No. 548.2, in a form approved by the City Attorney; or

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

FISCAL IMPACT

The proposed funding of $100,000 for Amendment No. 9 for services during 2025 will be charged to Economic Development Account No. 510-42054-4002.

DISCUSSION

O’Neil Ventures has provided specialized restaurant, food-use, and commercial real estate services to the City since 2009. The current agreement expires on December 31, 2024, and Amendment No. 9 would extend the term for an additional 12 months; the annual not-to-exceed amount and hourly rate would remain unchanged at $100,000.

In 2024, Elizabeth O’Neil, the principal of O’Neil Ventures, has provided the aforementioned services to the City and has been instrumental to a number of projects, most notably: assisting the Golden Corral with the CUP and Alcoholic Beverage Control (ABC) permit processes to sell beer and wine and with the potential development of the small pad in the parking lot; assisting the operators of the former Johnny Reb’s restaurant with the ABC permit transfer, interior redesign, and planning permits; coordinating and assisting The Stand Up Comedy Club with the 2024 Comedy Fest outdoor event in Town Center Plaza; and assisting Fronk’s Restaurant with their Business Assistance Program application and follow up.

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Staff Report – Amendment No. 9 to AFN 548.2 with O’Neil Ventures, Inc.

November 25, 2024

DISCUSSION – Continued

As previously mentioned, Ms. O’Neil assists with facilitating the Business Assistance Program and has provided her services to multiple applicants in the past including Rokka, The Nest, Marino’s Italian Restaurant, The Stand Up Comedy Club, Ricci’s, and Bo’s Cigar Lounge.

Ms. O’Neil is continually involved in the evaluation of potential new businesses and the marketing of vacant sites and is available to meet with new or expanding businesses. Her duties have required extensive liaison work between new businesses/developers, landlords, and various City departments as well as critically vetting the feasibility of proposed businesses or projects. Her knowledge of retail and restaurant start-up and operational costs has provided a key resource for the Economic Development Department, and Amendment No. 9 would allow Ms. O’Neil to continue providing her unique skillset of services for current and future projects.

ATTACHMENT

Amendment No. 9 to Agreement File No. 548.2 .......................................................................... 3

Doc

AMENDMENT NO. 9 TO
AGREEMENT FILE NO. 548.2 BETWEEN

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

FOR BUSINESS CONSULTING AND RESTAURANT AND RETAIL FOOD

ESTABLISHMENT BROKER SERVICES

THIS AMENDMENT NO. 9 (“Amendment”) is made and entered into this 25th day of November 2024, by and between the CITY OF BELLFLOWER, a municipal corporation (“CITY”), and O’NEIL VENTURES, INC., a California Corporation (“CONSULTANT”).

Section 1. Pursuant to Section 35 of Agreement File No. 548.2 (“Agreement”), Section

1.C is amended to read as follows:

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

Section 2. Pursuant to Section 35 of the Agreement, Section 9 is amended to read as follows:

“The term of this Agreement will be from January 1, 20 25, to December 31, 2025.

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

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

Section 4. Electronic Signatures. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

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

[SIGNATURES ON NEXT PAGE]

City of Bellflower
Amendment No. 9 to Agreement File No. 548.2
O’NEIL VENTURES, INC.

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

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

_________________________________ ____________________________ Ryan Smoot, City Manager Elizabeth O’Neil

ATTEST:

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

APPROVED AS TO FORM:

KARL H. BERGER, CITY ATTORNEY

By:_________________________________
Justin A. Tamayo, Assistant City Attorney

14-I

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 authorize the City Manager to execute Transfer Agreement No. 2024MP09 (Agreement File No. 51.89-1), in a form approved by the City Attorney, with the Los Angeles County Flood Control District for the Safe, Clean Water Program – Municipal Program Funds.

DATE: November 25, 2024

EXECUTIVE SUMMARY

This action would authorize the City Manager to execute the transfer agreement (Agreement File No. 51.89-1) with the Los Angeles County Flood Control District (the District) for the Safe, Clean Water Program (SCWP) Municipal Program funds. The SCWP provides local, dedicated funding for stormwater and urban runoff programs and projects to increase local water supply, improve water quality, and protect public health.

RECOMMENDATION TO CITY COUNCIL

1) Authorize the City Manager to execute Transfer Agreement 2024MP09 (Agreement File No. 51.89-1), in a form approved by the City Attorney; or

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

FISCAL IMPACT

There will be no impact to the City’s General Fund . The City will receive $823,679.41 in SCWP Municipal Program funds for FY 2024-2025, and annually thereafter, through FY 2027-2028 for stormwater and urban runoff programs and projects to increase local water supply, improve water quality, and protect public health.

DISCUSSION

On November 6, 2018, Measure W was successfully passed by Los Angeles County voters, which created the SCWP. The SCWP provides local, dedicated funding for stormwater and urban runoff programs and projects to increase local water supply, improve water quality, and protect public health. 50% of Measure W funds will be distributed to 9 Watershed Area Steering Committees (WASC’s) to fund regional watershed-based, multi-benefit projects and to provide technical resources, and conduct scientific studies; 40% of Measure W funds will be distributed to municipalities for municipal programs; and 10% of Measure W funds will go to the District.

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Staff Report – LACFCD Transfer Agreement No. 2024MP09 (Agreement File No. 51.89) November 25, 2024

DISCUSSION – Continued

On June 9, 2020, the Los Angeles County Board of Supervisors approved the SCWP transfer agreement template for the Municipal Program, which will need to be executed between the municipalities and the District. The transfer agreements for the Municipal Program will disburse funds to the municipalities in proportion to the tax collected in each jurisdiction on an annual basis. The transfer agreements for the Municipal Program will expire every 4 years, and funds received are to be used for implementation, operations and maintenance and administration of eligible projects and programs.

Following approval of the Transfer Agreement by the District, Public Works Environmental Services staff will need to provide the following items to the District:

• Annual Expenditure Plan. To be submitted 45 days from execution of the Transfer Agreement by the District for Fiscal Year 2024-25 and then 90-days prior to the end of the County’s Fiscal Year (April 1st) for each subsequent fiscal year.

• Annual Progress Reports. To be submitted annually, 6 months after close of each Fiscal Year.

ATTACHMENT

Agreement File No. 51.89-1 ................................................................................................. 3

T R AN S F ER AGR E E ME N T B E T WE E N

TH E L OS AN GE L E S C OU N TY F L OOD C ON T R OL D IS TR IC T AN D B E L LF L OWE R AGR EE ME N T N O. 2024MP09
S AFE , C L E AN WAT ER P R OGR AM – MU N IC IPAL P R OGR AM This Transfer A greement, hereinafter referred to as “A greement,” is entered into as of by and between the L os A ngeles C ounty F lood C ontrol D istrict, hereinafter referred to as "D istrict," and B ellflower, hereinafter referred to as "Municipality." WH E R E AS, D istrict, pursuant to the L os A ngeles Regi on S afe, C lean Water (S C W ) P rogram ordinance (C hapter 16 of the L os A ngeles C ounty F lood C ontrol D istrict C ode) and the S C W P rogram Implementation Ordinance (C hapter 18 of the L os A ngeles C ounty F lood C ontrol D istrict C ode), admi nisters the S C W P rogram for the purpose of funding P rojects and P rograms to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the D istrict;
WH E R E AS, pursuant to S ection 16.04.A .2. of the L os A ngeles C ounty F lood C ontrol D istrict C ode, forty percent (40%) of annual S C W P rogram tax revenues shall be allocated to Municipali ti es within the D istrict, in the same proporti on as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respecti ve jurisdictions and by the C ounty within the unincorporated areas that are wi thin the boundaries of the D istrict, for the implementation, operation and mai ntenance, and administration of P rojects and P rograms, in accordance with the criteria and procedures established in this C hapters 16 and 18 of the L os A ngeles C ounty F lood C ontrol D istri ct C ode; WH E R E AS, pursuant to S ection 16.05.A .1. of the L os A ngeles C ounty F lood C ontrol D istrict C ode, pri or to their receipt of S C W P rogram funds, Municipalities must enter into an agreement with the D istri ct to transfer S C W P rogram funds;
WH E R E AS, the C ounty of L os A ngeles B oard of S upervisors has approved a standard template A greement, as required by and in accordance with S ection 18.09 of the L os A ngeles C ounty F lood C ontrol D istrict C ode, for the transfer of S C W P rogram funds to Municipalities.

N OW, TH ER E F OR E, in consideration of the promises, mutual representati ons, covenants and agreements in this A greement, the D istrict and the Municipali ty, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

I.D E F IN ITION S
The definitions set forth in S ections 16.03 and 18.02 of the L os A ngeles C ounty F lood C ontrol D i strict C ode shall apply to this A greement. In addition, the following defini ti ons shall also apply:
“A greement” means this Transfer A greement, including all exhibi ts and attachments hereto. “A nnual P lan” means the plan referred to in S ecti on 18.09.B .5 of the C ode that includes the contents specified i n E xhibit A .
"C ode" means the L os A ngeles C ounty F lood C ontrol D istrict C ode. “D ays” means calendar days unless otherwise expressly indicated.
“F iscal Year” means the peri od of twelve (12) months terminating on J une 30 of any year. “S afe C lean Water (S C W ) P rogram P ayment” means the Municipality's annual allocation of S C W P rogram funds as described in S ection 16.04.A .2. of the C ode disbursed by the D istrict to the Municipality. “Year” means calendar year unless otherwise expressly indicated.

II.PAR T Y C ON TAC T S
The D istrict and the Municipality designate the following individuals as the primary points of contact and communication regarding the Municipal P rogram and the administration and implementation of this A greement.

L os A ngeles C ounty F lood C ontrol D istrict Municipality: B ellflower Name: Haris Harouny Name:

A ddress: 900 S F remont Ave, A lhambra, C A
91803
A ddress:

P hone: (626) 300-2620 P hone:

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E mai l: [email protected] E mail:

E ither party to this A greement may change the individual identi fi ed as the pri mary point of contact above by providing written notice of the change to the other party.

III.E X H IB IT S IN C OR POR ATE D B Y R E FE R E N C E The following exhibits to this A greement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this A greement:

E X HIB IT A – A NNUA L P L A N C ONTE NTS
E X HIB IT B – GE NE RA L TE R MS A ND C O ND ITIONS E X HIB IT C – NATURE -B A S E D S OL UTIONS (B est Management P ractices) E X HIB IT D – O P E RATIONS A ND M A INTE NA N C E GUID A NC E D OC UM E NT

IV.MU N IC IPAL PR OGR AM IMP L E ME N TAT ION
A .The Municipali ty shall annually prepare and submit to the D istrict, an A nnual P lan. The A nnual P lan shall be submitted not later than 90-days prior to the start of the F iscal Year for which the P lan is prepared.

B .The Municipali ty shall utilize the S C W P rogram P ayments in compliance with C hapters 16 and 18 of the C ode.

C .The Municipali ty shall comply with the terms and conditions in E xhibits B , C , and D , of this A greement, and all applicable provisions of C hapters 16 and 18 of the C ode, speci fically includi ng, without limitation, S ection 18.06.

V.S C W P R OGR AM PAYME N T S TO MU N IC IPAL IT IE S
A .S C W P rogram P ayments wi ll generally be available for disbursement by D ecember 31, provided a duly executed transfer agreement is i n effect and subject to the Municipality's compliance with the conditions described in paragraph B , below; however the D i strict may, in its discretion, change the date and number of the actual disbursements for any F iscal Year based on the amount and timing of revenues actually collected by the D istrict.

B .The D istrict shall disburse the Muni cipality's S C W P rogram P ayment upon satisfaction of the following conditions: (1) the D istrict has recei ved the A nnual P rogress/E xpenditure Report required pursuant to S ection

18.06.D of the C ode; (2) the D istrict has received Munici pality's A nnual P lan for that F iscal Year, and (3) the Municipality has complied wi th the audit requirements of S ection B -6 of E xhi bit B .

C .Notwithstanding any other provision of this A greement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict wi th federal, state, C ounty laws, poli cies, or regulations.

D .A ll disbursements shall be subject to and be made in accordance with the terms and conditions in this A greement and C hapters 16 and 18 of the C ode.

VI.TE R M OF AGR E E ME N T
This A greement shall expire at the end of the 2027-28 F iscal Year. The parties shall thereafter enter into a new agreement based on the most recent standard template agreement approved by the B oard.

VII.E X E C U T ION OF AGR E E ME N T
This A greement may be executed si multaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.

The D istrict and the Municipality hereby agree to regard facsimile/electronic representations of ori ginal si gnatures of authorized officers of each party, when appearing i n appropriate places on thi s A greement and on any addenda or amendments thereto, delivered or sent via facsimile or electroni c mail or other electronic means, as legally sufficient evidence that such ori ginal si gnatures have been affixed to this A greement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non- facsimi le/electronic) transmi ssion of “original” versions of such documents.

F urther, the D i strict and the Municipality: (i) agree that an electronic signature of any party may be used to authenticate this A greement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such si gnature as bi nding the party usi ng signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature.

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IN W ITNE S S W HE RE OF, this A greement has been executed by the parties hereto.

B y:

Name:

Title:

D ate:

L O S A N GE L E S C OUNTY
F L OOD C ONTROL D IS TRIC T:

B y:

Name:

Title:

D ate:

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EX H IB IT A – AN N U AL P L AN C ON T EN TS
A -1. D escription of all projects anticipated to be funded using the S C W P rogram P ayment. Include a discussion of how the projects will result in the achi evement of one or more S C W P rogram Goals, i ncluding quantitative targets and correspondi ng metrics for subsequent reporti ng of all applicable parameters.

A -2. D escription of all programs anticipated to be funded using the S C W P rogram P ayment. Include a discussi on of how the programs will result in the achievement of one or more S C W P rogram Goals; including quanti tative targets and corresponding metri cs for subsequent reporting of all applicable parameters.

A -3. D escription of all operation and maintenance activities anti cipated to be funded using the S C W P rogram P ayment.

Include a di scussion of how those activi ties will result in the achievement of one or more S C W P rogram Goals.

A ddi tional operati on and maintenance activiti es, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A -4. D escription of the stakeholder and community outreach/engagement acti vities anticipated to be funded with the S C W P rogram P ayment, including discussion of how local N GOs or C B Os will be involved, if applicable, and if not, why. A dditional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A -5. D escription of post-construction monitoring for projects completed using the S C W P rogram P ayment. A dditional post-construction monitoring acti vities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A -6. P rovide the status of any projects that have been awarded (or are seeking award of) Institute for S ustainable Infrastructure (IS I) verification, i f applicable.

A -7. P rovide the budget for the acti vities described in provisions A 1 through A -5 S C W P rogram P ayment.

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E X H IB IT B – GE N E R AL TE R MS AN D C ON D IT ION S B -1. A ccounting and D eposit of F unding D isbursement

1.S C W P rogram P ayments di stributed to the Municipality shall be held i n a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only for eligi ble expenditures consistent with the requirements of the S C W P rogram.

2.The Municipali ty shall not be entitled to interest earned on undisbursed S C W P rogram P ayments; interest earned prior to disbursement is property of the D istrict.

3.The Municipali ty shall operate in accordance with Generally A ccepted A ccounting P rinciples (G A A P ).

4.The Municipali ty shall be strictly accountable for all funds, receipts, and disbursements for their S C W P rogram P ayment.

B -2. A cknowledgement of C redit and S i gnage
The Municipality shall include appropriate acknowledgement of credit to the D istrict’s S afe, C lean Water P rogram for i ts support when promoting acti vities funded with S C W P rogram funds or using any data and/or information developed S C W P rogram funds. When the S C W P rogram P ayment is used, in whole or in part, for construction of an infrastructure P roject, signage shall be posted in a prominent location at P roject site(s) or at the Municipality’s headquarters and shall include the S afe, C lean Water P rogram color logo and the following disclosure statement: “F unding for thi s project has been provided in full or in part from the L os A ngeles C ounty F lood C ontrol D istrict’s S afe, C lean Water P rogram.” A t a minimum the sign shall be 2’ x 3’ in size. The Muni cipality shall also include in each of its contracts for work under this A greement a provision that i ncorporates the requi rements stated within this paragraph.

W hen the S C W P rogram P ayment is used, in whole or i n part, for a scientific study, the Municipali ty shall include the following statement in the study report: “F unding for this study has been provi ded in full or in part from the L os A ngeles C ounty F lood C ontrol D istrict’s S afe, C lean Water P rogram.” The Municipali ty shall also include in each of its contracts for work under this A greement a provision that incorporates the requirements stated within this paragraph.

B -3. A cquisition of Real P roperty - C ovenant
A ny real property acquired in whole or in part with S C W P rogram funds shall be used for P rojects and P rograms that are consistent with the S C W P rogram Goals and with the provisions of C hapter 16 and 18 of the C ode.

A ny Municipality that acquires the fee title to real property using, in whole or in part, S C W P rogram funds shall record a document in the office of the Regi strar-Recorder/C ounty C lerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of the D istrict, which consent shall not be unreasonably withheld.

B -4. A mendment
E xcept as provided in S ection II of the A greement, no amendment or variation of the terms of this A greement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this A greement is binding on any of the parties.

B -5. A ssignment
The Municipality shall not assign this A greement.

B -6. A udit and Recordkeeping

1.The Municipali ty shall retain for a period of seven (7) years, all records necessary in accordance wi th Generally A ccepted A ccounting P rinci ples to determine the amounts expended, and eli gibility of P rojects implemented using S C W P rogram P ayments. The Municipality, upon demand by authorized representatives of the D i strict, shall make such records avai lable for examination and review or audit by the D istrict or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, i nvoices, and any other supporting evidence deemed necessary to substantiate charges related to S C W P rogram P ayments and expenditures.

2.The Municipali ty is responsible for obtaining an independent audit to determi ne compliance with the terms and conditions of thi s A greement and all requirements applicable to the Municipality contained i n chapters 16 and 18 of the C ode. Municipality shall obtain an independent audit of their S C W P rogram P ayments every three (3) years. A udits shall be funded with Municipal P rogram funds.

3.Municipality shall file a copy of all audit reports by the ninth (9 ) month from the end of each three (3) year period th Municipal Program
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to detail the preceding three (3) years of expenditures. A udit reports shall be posted on the D istrict’s publi cly accessible website. D ue date example below.

Every Third Fiscal Year
Fiscal Year Audit Begins Audit Report Due to District
2023-24 7/1/2027 No later than 3/31/2028

4.Upon reasonable advanced request, the Municipality shall permit the C hief E ngineer to examine the infrastructure P rojects using S C W P rogram P ayments. The Municipality shall permi t the authorized D istrict representative, i ncluding the A uditor-C ontroller, to examine, review, audi t, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the S C W P rogram P ayments. E xamination activities are considered D istrict administration of the S C W P rogram.

5.E xpenditures determi ned by an audit to be in violation of any provision of C hapters 16 or 18 of the C ode, or of this A greement, shall be subject to the enforcement and remedy provisions of S ection 18.14 of the C ode.

B -7. Availabi lity of F unds
D istrict’s obligation to disburse the S C W P rogram P ayment is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the S C W P rogram P ayment, the D istrict shall not be obligated to make any disbursements to the Municipality under this A greement. This provision shall be construed as a condition precedent to the obligation of the D istrict to make any disbursements under this A greement. Nothing i n this A greement shall be construed to provide the Municipality with a right of priori ty for disbursement over any other Municipality. If any disbursements due to the Municipality under this A greement are deferred because sufficient funds are unavailable, it is the intention of the D istrict that such disbursement will be made to the Municipality when sufficient funds do become available, but this intention is not binding. If this A greement’s funding for any F iscal Year is reduced or deleted by order of the B oard, the D istrict shall have the option to either cancel this A greement wi th no liability occurring to the D istrict or offer an amendment to the Munici pality to reflect the reduced amount.

B -8. C hoice of L aw
The laws of the S tate of C alifornia govern this A greement.

B -9. C laims
A ny claim of the Muni cipality is limi ted to the rights, remedies, and claims procedures provi ded to the Municipality under this A greement. Municipal expenditures of a S C W P rogram P ayment that involves the D istrict shall utilize a separate and specific agreement to that P roject that includes appropriate indemnificati on supersedi ng that in this A greement.

B -10. C ompliance with S C W P rogram
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisi ons of C hapters 16 and 18 of the C ode.

B -11. C ompli ance with L aw, Regulations, etc.

The Municipality shall, at all times, comply with and requi re its contractors and subcontractors to comply with all applicable local, state and federal laws, rules, guidelines, regulations, and requirements.

B -12. C onti nuous Use of Municipal P rojects; L ease or D isposal of Munici pal P rojects The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or porti on of any P roject funded i n whole or in part with S C W P rogram P ayments during the useful life (defined as 30 years unless specified otherwise in annual plans and subsequent reports) of the P roject wi thout pri or written approval of the D i strict.

S uch approval may be condi tioned as determined to be appropriate by the D i strict, i ncluding a condition requiring repayment of a pro rata amount of the S C W P rogram P ayments used to fund the P roject together with interest on said amount accruing from the date of lease or disposal of the P roject.

B -13. D isputes
S hould a dispute arise between the parties, the party asserting the dispute wi ll notify the other parti es in writing of the di spute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the di spute.

If the matter has not been resolved through the process set forth in the precedi ng paragraph, any party may initiate mediati on of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties.

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A ll costs of the mediation, including mediator fees, will be paid one-half by the D istri ct and one-half by the Munici pality.

S C W P rogram P ayments shall not be used to pay for any costs of the mediation.

The parties will attempt to resolve any dispute through the process set forth above before fili ng any action relating to the dispute in any court of law.

B -14. F inal Inspecti on and C erti fi cation of Registered P rofessional Upon completi on of the design phase and before construction of a project, the Municipality shall provide certification by a C alifornia Registered P rofessional (i.e., P rofessional C i vil E ngineer, E ngineering Geologist) that the design has been completed.

Upon completi on of the project, the Municipality shall provide for a final inspection and certification by a C aliforni a Registered P rofessional (i.e., P rofessional C ivil E ngineer, E ngineering Geologist), that the P roject has been completed in accordance with submitted final plans and specifications and any modificati ons thereto and in accordance with this A greement.

B -15. F orce Majeure.

In the event that Municipality i s delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, i nsurrection, war, or other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for the peri od of the delay, and the peri od for the performance of any such act shall be extended for a period equivalent to the period of such delay.

B -16. F undi ng C onsiderations and E xclusions

1.A ll expenditures of S C W P rogram P ayments by Municipality must comply with the provisions of C hapters 16 and 18 of the L os A ngeles C ounty F lood C ontrol D istrict C ode, including but not limited to the provisions regarding eligible expenditures contained in S ection 16.05.A .2 and the provision regarding ineligible expenditures contained in S ection 16.05.A .3.

2.S C W P rogram P ayments shall not be used in connection with any P roject implemented as an E nhanced C ompli ance A ction ("E C A ") and/or S upplemental E nvironmental P roject ("S E P ") as defined by S tate Water Resources C ontrol B oard Office of E nforcement written policies, or any other P roject implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the S tate Water Resources C ontrol B oard, a Regional Water Quality C ontrol B oard, or any other regulatory authority; provided, however, that S C W funds may be used for a P roject implemented pursuant to a time schedule order ("TS O") issued by the L os A ngeles Regi onal Water Quality C ontrol B oard if, at the time the TS O was issued, the P roject was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the M S 4 P ermit.

B -17. Indemnification
The Municipality shall i ndemnify, defend and hold harmless the D istrict, the C ounty of L os A ngeles and their elected and appointed offici als, agents, and employees from and against any and all liabi lity and expense, including defense costs, legal fees, clai ms, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodi ly injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any P roject or P rogram implemented by the Municipality, in whole or in part, with S C W P rogram P ayments or (2) any breach of this A greement by the Municipality.

B -18. Independent A ctor
The Municipality, and i ts agents and employees, if any, in the performance of this A greement, shall act in an independent capacity and not as officers, employees, or agents of the D istri ct.

The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the D istrict. (L A C C C hapter 2.202)
B -19. Integration
This is an integrated A greement. Thi s A greement is intended to be a full and complete statement of the terms of the agreement between the D istrict and Munici pality, and expressly supersedes any and all pri or oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of thi s A greement.

B -20. L apsed F unds

1.The Municipali ty shall be able to carry over uncommitted S C W P rogram P ayments for up to five (5) years from Municipal Program
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the end of the fiscal year in which those funds are transferred from the D istrict to the Munici pality.

2.If the Municipality is unable to expend the S C W P rogram P ayment wi thin five (5) years from the end of the fiscal year in which those funds are transferred from the D istri ct to the Munici pality, then lapsed funding procedures will apply. L apsed funds are funds that were transferred to the Muni cipality but were not committed to eligible expendi tures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the D istrict.

3.L apsed funds shall be allocated by the Watershed A rea S teeri ng C ommittee of the respective Watershed A rea to a new P roject with benefit to that Municipality, if feasible in a reasonable time frame, or otherwise to the Watershed A rea.

4.In the event that funds are to lapse, due to circumstances beyond the Municipality’s control, then the Muni cipality may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures.

E xtension Requests must contain sufficient justifi cation and be submitted to the D istrict in writing no later than three (3) months before the funds are to lapse.

5.The decision to grant an extension i s at the sole discretion of the D istri ct.

6.F unds still uncommitted to eli gible expenditures after an extension is granted will be subject to lapsed funding procedures wi thout exception. E xample B elow.

Fiscal Year
Transferred
Funds Lapse
After
E xtension
Request D ue
C ommit By
2019-20 6/30/2025 No later than
3/31/2025
No later than
6/30/2026

B -21. Munici pal P roject A ccess
Upon reasonable advance request, the Municipality shall ensure that the D istrict or any authorized representative, will have safe and suitable access to the site of any P roject i mplemented by the Municipality in whole or in part with S C W P rogram P ayments at all reasonable times.

B -22. Non-D iscrimi nation
The Municipality agrees to abide by all federal, state, and C ounty laws, regulations, and policies regarding non- discrimination i n employment and equal employment opportuni ty.

B -23. No Third-P arty Rights
The parties to this A greement do not create rights in, or grant remedies to, any third party as a beneficiary of thi s A greement, or of any duty, covenant, obligation, or undertaking establi shed herein B -24. Notice

1.The Municipali ty shall notify the D istrict in writing within five (5) working days of the occurrence of the following:
a.B ankruptcy, insolvency, receivership or similar event of the Municipality; or b.A cti ons taken pursuant to S tate law in anticipation of filing for bankruptcy.

2.The Municipali ty shall notify the D istrict wi thin ten (10) working days of any litigation pending or threatened agai nst the Muni cipali ty regarding its continued existence, consi deration of dissolution, or disincorporation.

3.The Municipali ty shall notify the D istrict promptly of the following:
a.A ny signifi cant deviation from the submitted A nnual P lan for the current F iscal Year, including di scussion of any major changes to the scope of funded projects or programs, noteworthy delays i n implementation, reduction i n benefits or community engagement, and/or modificati ons that change the S C W P rogram Goals intended to be accomplished.
b.D iscovery of any potential archaeologi cal or historical resource. S hould a potenti al archaeologi cal or histori cal resource be discovered during construction, the Municipality agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the D istrict has determined what actions should be taken to protect and preserve the resource. The Municipality agrees to implement appropriate actions as di rected by the D istrict. c.A ny public or medi a event publicizing the accomplishments and/or results of this A greement and provide the opportunity for attendance and participation by D istrict representati ves wi th at least fourteen (14) days’ notice to the D istri ct.

B -25. Munici pality’s Responsibili ty for Work
The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to thi s A greement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Municipality shall be responsi ble for responding to any and all disputes arising out of its contracts for work on the P roject.

The D istrict will not mediate disputes between the Muni ci pality and any other entity concerning responsibility for Municipal Program
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ⴱ〭

performance of work.

B -26. Reporting
The Municipality shall be subject to and comply wi th all applicable requirements of the D istri ct regarding reporting requirements. Municipalities shall report available data through the S C W Reporting Module, once available.

1.A nnual P rogress/E xpenditure Reports. The Municipality shall submit A nnual P rogress/E xpenditure Reports, using a format provided by the D istrict, within six (6) months following the end of the F iscal Year to the D i strict to detail the activities of the pri or year. The A nnual P rogress/E xpenditure Reports shall be posted on the D istrict’s publicly accessible website and on the Municipali ty’s website. The A nnual P rogress/E xpenditure Report shall i nclude:
a.A mount of funds received;
b.B reakdown of how the S C W P rogram P ayment has been expended; c.D ocumentation that the S C W P rogram P ayment was used for eligi ble expenditures in accordance wi th C hapters 16 and 18 of the C ode;
d.D escription of acti vities that have occurred, mi lestones achieved, and progress made to date, during the applicable reporti ng period including compari son to the A nnual P lan and corresponding metrics; e.D iscussion of any existing gaps between what was planned and what was achieved for the prior year, include any lessons learned;
f.D escription of the Water Quality B enefits, Water S upply B enefits, and C ommunity Investment B enefits and a summary of how S C W P rogram P ayments have been used to achieve S C W P rogram Goals for the prior year, including graphical representation of available data and speci fic metrics to demonstrate the benefits being achi eved through the years’ investments.
g.D iscussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable. Thi s includes di scussion of opportuni ties for addressing additional S C W P rogram Goals, leveragi ng S C W P rogram Goals, and increasing regional capacity to supplement the S C W P rogram. h.A dditional financial or P roject-related informati on in connection wi th activity funded in whole or i n part using S C W P rogram P ayments as required by the D istrict.
i .C erti fication from a C alifornia Registered P rofessional (C i vil E ngi neer or Geologist, as appropriate), that projects implemented wi th S C W P rogram P ayments were conducted in accordance with C hapters 16 and 18 of the C ode.
j.Report on annual and total (since inception of program) benefits provided by programs and projects funded by S C W P rogram P ayment. This i ncludes comparisons to annual plans and alignment with corresponding specific quantitati ve targets and metrics (note that S C W Reporting Module will facilitate calculation of benefi ts and graphi cal representation of pertinent data):
i.A nnual volume of stormwater captured and treated
ii.A nnual volume of stormwater captured and reused
iii.A nnual volume of stormwater captured and recharged to a managed aquifer i v.A nnual creation, enhancement, or restoration of C ommunity Investment B enefits. If none, discuss considerations explored and reasons to not i nclude.
v.A nnual acreage i ncreases in Nature-B ased S oluti ons and claimed level of NB S (with matrix demonstrating determination of good, better, best, as outlined in E xhibit C ). If none, di scuss considerations explored and reasons to not i nclude.
vi.A nnual expendi tures providing D A C B enefi ts. If none, discuss considerations explored and reasons to not include.

2.D ocumentation of the C ommunity Outreach and E ngagement utilized for and/or achi eved wi th the S C W P rogram P ayment described in the A nnual P lan E xhibit A . This informati on must be readily accessible to members of the public.

3.A s Needed Informati on or Reports. The Municipality agrees to promptly provide such reports, data, and i nformation as may be reasonably requested by the D istri ct including, but not limited to material necessary or appropri ate for evaluation of the S C W P rogram or to fulfi ll any reporting requi rements of the C ounty, state or federal government.

B -27. Representations, Warranties, and C ommitments The Municipality represents, warrants, and commits as follows:

1.A uthorization and Vali dity. The execution and delivery of this A greement, including all incorporated documents, by the indivi dual si gning on behalf of Municipality, has been duly authorized by the governing body of Municipality, as applicable. Thi s A greement constitutes a valid and bindi ng obligation of the Municipality, enforceable in accordance with its terms, except as such enforcement may be limited by law.

2.No Violations. The execution, delivery, and performance by the Munici pality of this A greement, including all i ncorporated documents, do not violate any provision of any law or regulation i n effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument Municipal Program
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to which the Municipality is a party or by which the Munici pality is bound as of the date set forth on the first page hereof.

3.No L iti gation. There are no pending or, to the Municipality’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrati ve agency which affect the Municipality's ability to complete the A nnual P lan.

4.S olvency. None of the transactions contemplated by this A greement will be or have been made wi th an actual i ntent to hinder, delay, or defraud any present or future creditors of the Municipality. A s of the date set forth on the fi rst page hereof, the Munici pality is solvent and will not be rendered insolvent by the transactions contemplated by this A greement. The Municipality is able to pay its debts as they become due.

5.L egal S tatus and E ligibility. The Municipality is duly organized and exi sting and in good standing under the laws of the S tate of C aliforni a. The Municipality shall at all times maintain its current legal existence and preserve and keep in full force and effect i ts legal rights and authority.

6.Good S tanding. The Munici pality must demonstrate it has not failed to comply with previous C ounty and/or D istrict audit di sallowances within the preceding fi ve years.

B -28. Travel
A ny reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the C alifornia D epartment of Human Resources; per diem costs wi ll not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/P ages/travel-reimbursements.aspx. Reimbursement will be at the S tate travel amounts that are current as of the date costs are i ncurred by the Munici pality. No travel outside the L os A ngeles C ounty F lood C ontrol D istrict region shall be reimbursed unless prior written authorization i s obtained from the P rogram Manager.

B -29. Unenforceable P rovision
In the event that any provision of this A greement i s determined by a court of competent jurisdiction to be unenforceable, the parti es agree that all other provisions of this A greement have force and effect and shall not be affected thereby.

B -30. W ithholding of D isbursements and Material Violations Notwithstanding any other provision of this A greement, the D istrict may withhold all or any portion of the S C W P rogram P ayment for any F iscal Year in the event that:

1.The Municipali ty has violated any provision of this A greement; or

2.The Municipali ty fails to mai ntain reasonable progress in achieving S C W P rogram Goals, following an opportunity to cure.

3.F ailure to remain in Good S tanding, descri bed in S ection B -26 of E xhi bit B .

4.F ailure to submit annual reports on meeting S C W P rogram Goals.

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E XH IB IT C – N AT U R E B ASE D SOLU T ION S (N B S) B E S T MAN AGE ME N T PR AC TIC E S Municipalities shall consider incorporation of Nature-based solutions (NB S ) i nto their projects. NB S refers to the sustainable management and use of nature for undertaki ng socio-envi ronmental challenges, includi ng climate change, water security, water pollution, food security, human health, and disaster risk management. A s this environmental management practice is increasingly incorporated into projects for the S C W P rogram, this guidance document may be expanded upon to further quantify NB S practices based on benefits derived from their incorporati on on projects.

The S C W P rogram defines NB S as a P roject that utilizes natural processes that slow, detain, infiltrate or filter S tormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; i ncreasing the permeability of Impermeable A reas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NB S may also be designed to provide additional benefits such as sequestering carbon, supporting bi odiversi ty, providing shade, creating and enhancing parks and open space, and i mprovi ng quality of life for surrounding communi ties. NB S include P rojects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capaci ty. NB S may capture stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.

Municipalities are to i nclude i n each A nnual P rogress/E xpenditure Report whether and how their project achieves a good, better, or best for each of the 6 NB S methods in accordance wi th the guidance below. A ddi ti onally, A nnual P rogress/ E xpenditure Reports should include di scussion on any consi derations taken to maximize the class wi thin each method. If at least 3 methods score within a single class, the overall project can be characterized as that class.

Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each method, to facilitate D istrict tracking of methods being utilized.

ME T H OD S GOOD B E T T ER B E S T
Vegetation/Green
S pace
Use of climate
appropri ate, eco-friendly
vegetati on
(groundcover, shrubs, and
trees) / green space 5%-
15% covered by
new cli mate-appropriate
vegetati on
Use of native, climate
appropriate, eco-fri endly
vegetation
(groundcover, shrubs, and
trees) / green space 16%-
35% covered by new
native vegetation
E stablishment of plant
communiti es with a
diversity of native
vegetation
(groundcover, shrubs, and
trees) / green space that is
both native and cli mate-
appropriate
More than 35% covered by
new native vegetation
Increase of
P ermeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesi gn of existing
i mpermeable surfaces
and/or installati on of
permeable surfaces (e.g.
permeable pavement and
i nfiltrati on trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil health
(e.g., compaction
reducti on)
Installation of vegetated
landscape – 75%-100%
paved area removed
C reation of well-connected
and self-sustained natural
landscapes with healthy
soils, permeable surfaces,
and appropriate vegetation
P rotection of
Undeveloped
Mountains &
F loodplains
●P reservation of nati ve
vegetati on
●Minimal negative impact
to existi ng drainage
system
●P reservation of native
vegetation
●Installation of new
feature(s) to improve
existing drai nage system
●C reation of open green
space
●Installation of features to
improve natural hydrology
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C reation &
Restoration of
Riparian Habitat &
Wetlands
●P artial restoration of
existing riparian habitat
and wetlands P lanti ng of
climate appropriate
vegetati on between 11 and
20 different climate
appropriate or native plant
species newly planted
●No potable water used to
sustain the wetland
●F ull restoration of existing
riparian habitat
and wetlands
●P lanting of native
vegetation - between 21
and 40 different nati ve
plant species newly
planted
●No potable water used to
sustai n the wetland
●F ull restoration and
expansion of existi ng
riparian habitat and
wetlands P lanting of plant
communiti es with a
diversity of native
vegetation – between 41
and 50 different native
plant speci es newly
planted
●No potable water used to
sustain the wetland
New L andscape
E lements
E lements desi gned to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturi ng the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
E lements that design to
capture/redirect runoff and
filter pollution (e.g.
bioswales and parkway
basins), capturing the 85th
percentile 24-hour storm
event from the
entire parcel
L arge sized elements that
capture and treat runoff to
supplement or replace
existing water systems
(e.g. wetlands, daylighting
streams, groundwater
infiltration, floodplain
reclamation), capturing the
90th percentile 24-hour
storm event from the enti re
parcel and/or capturing off-
site runoff
E nhancement of S oil
Use of soil amendments
such as mulch and
compost to retain moisture
i n the soil and prevent
erosion
P lanting of new climate
appropriate vegetation to
enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil, prevent
erosi on, and support locally
based composting and
other
soil enhancement
activities
P lanting of new nati ve,
climate-appropriate
vegetation to enhance soil
organic matter
Use of soi l amendments
such as mulch and
compost that are locally
generated, especi ally use
of next-generation design
with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moi sture in the soi l,
prevent erosion, and
support on-site
composting and other
soil enhancement
activities
P lanting of new native,
climate appropriate
vegetation to enhance soil
organic matter

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E X H IB IT D – OP E R AT ION S AN D MAIN T EN AN C E GU ID AN C E D OC U MEN T Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care and upkeep of P rojects that may require detailed techni cal knowledge of the P roject’s functi on and design. P roject specific operati onal and maintenance plans shall consider the activities listed below and set forth specifi c activities and frequencies (not limited to those below) as determined to be appropriate by the Muni cipali ti es and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the P roject with a purpose to make the operator aware of the state of readi ness of the P roject to deliver stormwater and urban runoff benefits.

1.L itter C ontrol
•Regular removal of li tter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoi ning access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. •Regular inspection and maintenance of pet waste stations. •Maintai ning trash receptacles.
•Removal of trash, debris, and blockages from bioswales. •Inspecti on and cleani ng of trash booms.
•Inspecti on of weir gates and stop logs to clean debris, as required.

2.Vegetation Maintenance
•Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germi nation (e.g. frequent soil cultivation near trees or shrubs).
o Regular removal of weeds from landscape areas, includi ng from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewi ng stations, park shelters, and bicycle paths.
•Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth. o P revent encroachment of adjacent property and provide vertical clearance. o Inspect for dead or di seased plants regularly.
•Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, i ntermi ttent habitats.
o D raining and drawdown of wetland and excessive bulrush removal o Weed and nui sance plant control.
o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment.
o Wildflower and meadow maintenance.
o Grass, sedge, and yarrow management.
o Removal of unwanted hydroseed.

3.Wildlife Management
•E xotic species control.
•P rovide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species.
•P rotect sensitive animal species (e.g. protection during critical life stages including breedi ng and migrati on).
•Avoid disturbances to nesting birds.
•Avoid spread of invasive aquatic species.

4.F acility Inspection
•Inspect project sites for rodent and i nsect i nfestations on a regular basis. •Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs.
•Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads).

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•Inspect shade structures for structural damage or defacement. •Inspect hardscapes.
•Inspect and maintain interpretive and informational signs. •Inspect site furnishings (e.g. benches, hitching posts, bi cycle racks). •Maintai n deck areas (e.g. benches, signs, decking surfaces). •Visually inspect weirs and flap gates for damage; grease to prevent locking. •Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.

5.Irrigation S ystem Management
•E nsuring automatic i rrigation controllers are functioning properly and providing various plant species with proper amount of water.
o C ycle controller(s) through each station manually and automatically to determine if all facets are functioni ng properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers. o Inspect and repair bubbler heads.
o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly.
o Inspect and clean mai nline filters, wye strainers, basket fi lters, and filters at backflow devices twice a year.
o Maintain and check function of the drip system.
•K eeping irrigation control boxes clear of vegetation. •Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure.
•Utilizing infrequent deep watering techniques to encourage deep rooti ng, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape. •D etermine watering schedules based on season, weather, vari ation in plant size, and plant varieties. A t least four times a year (e.g. change of season), reschedule controller systems. •Turn off irrigati on systems at the controller at the beginni ng of the rainy season, or when the soil has a high enough moisture content.
•Use moisture sensing devices to determine water penetration i n soil.

6.E rosion Management and C ontrol
•Inspect slopes for erosion during each mai ntenance acti vity. •Inspect basins for erosion.
•Take corrective measures as needed, including fi lling eroded surfaces, reinstalling or extending bank protecti on, and replanting exposed soil.

7.Ongoing Monitoring A ctivities
•Monitor controllable i ntake water flow and water elevation. •E xamine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions.
•Water quality sampling (quarterly, unless justified otherwi se). •C hecki ng telemetry equipment.
•Tracking and reporting inspection and mai ntenance records.

8.Vector and Nui sance Insect C ontrol
•Monitoring for the presence of vector and nuisance insect speci es. •A dequate pretreatment of influent wastewater to lessen production of larval mosquitos. •Managing emergent vegetati on.
•Using hydraulic control structures to rapidly dewater emergent marsh areas. •Managing flow velocities to reduce propagation of vectors.

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