Patrick L, May, Vice President
CITY OF COMPTON
Recommended for Approval:
By ___________________________________ Dated: _____________________ Damion Timmons, Street Superintendent
Approved by:
Dated: __________________ By_______________________________ Thomas Thomas, City Manager
Approved as to form:
By __________________________________ Dated: _____________________ Eric J. Perrodin, City Attorney
ATTEST:
Dated: ___________________ By _______________________________ Alita Godwin, City Clerk
July 5, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBER
FROM: CITY MANAGER
SUBJECT: REQUEST TO AUTHORIZE TRAVEL FOR ELECTED
OFFICIALS
Recommendation: Authorize travel to attend the League of California Cities Annual Conference and Expo
Location: Long Beach, CA
Meeting Date: September 7, 2022 thru September 9, 2022
Approximate Cost: Registration: $650 (Per attendee)
Hotel: N/A
Transportation: N/A
Per Diem: Receipts required (Not to exceed $75 per day) Source of Funds: General Fund
Purpose: The purpose of attending the League of California Cities Annual Conference and Expo is to learn and discuss issues that are impacting our city.
Elected Official Attending
Mayor Emma Sharif
Councilmember Deidre Duhart
Councilmember Andre Spicer
Councilmember Jonathan Bowers
Councilmember Lillie Darden
THOMAS THOMAS
CITY MANAGER
11. JULY 26, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING TENTATIVE TRACT MAP NO. 83696 (SUB 21-003) A REQUEST BY
THE WIN PROJECT TO CREATE FIVE REDUCED SIZED LOW DENSITY RESIDENTIAL LOTS ON A 15,863 SQUARE FOOT SITE LOCATED AT 1716 E.
ROSECRANS AVENUE
SUMMARY
The WIN Project is requesting approval of Tentative Tract Map 83696 to create five reduced sized Low Density Residential lots from two existing Successor Agency owned lots totaling 15,863 square feet (.364-acre).
BACKGROUND
On June 8, 2022, the Planning Commission held a public hearing on the above-listed request. After due consideration, the Planning Commission did not recommend approval to the City Council for Tentative Tract Map No. 83696. Tentative Tract Maps, (subdivisions) are approved or denied by the City Council; however, the Planning Commission must first hold a public hearing. However, the Planning Commission does not approve or deny subdivisions, but only issues a recommendation to the City Council to approve or deny the Tentative Tract Map.
STATEMENT OF THE ISSUE
The subject site on Rosecrans Avenue is a vacant successor agency owned property, which has been unused for decades. The applicant is proposing to create five Low Density Residential lots for five affordable single-family detached homes. The lots range in size from 3,020 square feet to 3,746 square feet. The proposed lot widths range from 25 to 37.56 feet and have a lot depth of 110 feet.
The zoning code required minimum size for single-family lots is 5,000 square feet with a width of 50 feet and depth of 100 feet.
However, the applicant is invoking the provisions of AB 1763 and therefore does not require any Variances for the reduced size lots. AB1763 allows projects that are proposing 100% affordable housing to have administrative review, an 80% density bonus and four concessions (variances). The applicant is utilizing two of the concessions for reduced lot width and lot area. Therefore, the proposed five lots can be smaller than the typical Low Density Residential lot.
The applicant has already submitted an ARB application to develop five affordable detached single- family homes, which has been reviewed by staff and received preliminary approval pending approval of the subdivision (Tentative Tract Map 83696). The homes proposed are all two story with contemporary materials, architecture, five-foot front yard fences and two-car detached garages.
The project is categorically exempt in accordance with Section 15332 of the State CEQA Guidelines (Class 32 – In Fill projects). Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section.(a) The project is consistent with the applicable
12.12.12.12.12.12.12.12. Staff Report – City Council Tentative Tract Map 83696 July 26, 2022
general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.(c) The project site has no value, as habitat for endangered, rare or threatened species.(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.(e) The site can be adequately served by all required utilities and public services.
FINANCIAL IMPACT
None. No City funds will be used for this project. The project will result in the sale of two Successor Agency lots for private development.
RECOMMENDATION
Staff recommends approval of Subdivision Case No. 2021-003 (Tentative Tract Map No. 83696) subject to the conditions of approval.
ROBERT DELGADILLO, SENIOR PLANNER
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON APPROVING TENTATIVE TRACT MAP NO. 83696 (SUB
21-003) A REQUEST BY THE WIN PROJECT TO CREATE FIVE
REDUCED SIZED LOW DENSITY RESIDENTIAL LOTS ON A 15,863
SQUARE FOOT SITE LOCATED AT 1716 EAST ROSECRANS
AVENUE
WHEREAS, the WIN Project Company has made application for a Tentative Tract Map in accordance with Section 28 of the Compton Municipal Code a request to create five reduced sized Low Density Residential lots in the City of Compton, legally described as follows:
APN’S: 6184-002-901 & 902; located at 1716 E Rosecrans Avenue; and
WHEREAS, the Tentative Tract Map must be processed in accordance with Chapter 28 of the Compton Municipal Code (C.M.C.) and the State of California Subdivision Map Act; and
WHEREAS, all environmental documents were processed in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13 §21000 et seq.; and WHEREAS, the project is categorically exempt in accordance with Section 15332 of the State CEQA Guidelines (Class 32 – In Fill projects). Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section; and WHEREAS, this case was also properly noticed in accordance with California Government Code 65090 and 65091; and
WHEREAS, a public hearing upon said request for a Tentative Tract Map was held before the Planning Commission on June 8, 2022 and the Planning Commission did not recommend approval; and
WHEREAS, evidence was heard from all persons interested in effecting said Tentative Tract Map 83696 and all persons protesting same, and the City Council being fully informed, WHEREAS, a public hearing upon said request for Tentative Tract Map 83696 Subdivision Case No. 21-003 was held before the City of Compton City Council on July 19, 2022; and WHEREAS, the City Council being fully informed:
F I N D S
1. That the proposed subdivision for single family residential purposes will substantially comply with the Mixed Use General Plan land use designation and Limited Commercial zoning classification as mixed use units.
2. That the project conforms to the State Subdivision Map Act and the State Seismic Hazards Mapping Act (SHMA) of 1999 and Chapter 28 of the Compton Municipal Code.
3. That the proposed subdivision for single family residential will be located on a site that is physically suitable for residential development and will eliminate blight as well as provide five affordable single family housing units.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON RESOLVES:
Section 1. That the City Council approves Tentative Tract Map No. 83696, a request to create five reduced size Low Density Residential lots for the properties located at 1716 E Rosecrans Avenue, Compton, subject to the following conditions:
1.That in accordance with Section 28.4.23 of the Compton Municipal Code, the park fee, in lieu of dedication of land, shall be allocated to the Department of Parks and Recreation in an amount equal to 5.3% of the fair market value of the land comprising the subdivision.
That said fees shall be payable prior to issuance of building permits for the units.
Resolution No. ___________________
2.That the applicant and/or developer shall file with the City all deposits and bonds as the City Engineer and/or City Building Official determines as necessary to comply with Section 28-11 of the Compton Municipal Code.
3.That each unit shall have individually metered separate utility service (i.e. electric, water, gas, etc.).
4.That the applicant and/or developer shall replace and/or repair sidewalks, curbs, gutters or parkways located adjacent to the subject site along Rosecrans Ave. and Bradfield required and directed by the Public Works Director.
5.That grading, drainage, and hydrology plans, as required by Public Works Department, shall be submitted to and approved by the City Engineer prior to submittal of Final Map.
6.That a plan for providing water service to the subdivision, including all necessary easements and meter locations, shall be submitted to and approved by the Public Works and Water Departments concurrent with submission of the Final Map. Water lines, including any required upgrades shall be built to City standards.
7.That prior to the issuance of Building permits, a plan for providing sewer service to the subdivision including all necessary easements and sewer line upgrades, shall be submitted to and approved by the City Engineer and that the sewer lines, including upgrades shall be built to City standards.
8.The elevations of all building pad(s) shall be above the flood level per the current L.A. CO.
Flood Control Districts requirements [LACFCD]. Submit Hydrology/Hydraulics Analysis in compliance with the L.A.C.F.C.D.’s requirements for review/approval by the City.
9.The proposed development shall comply with all applicable state or federal laws and regulations including but not limited to National Pollutant Discharge Elimination System NPDES [LID, SUSMP, etc] requirements.
10.That Tentative Parcel Map No. 83696 shall expire 24 months after City Council approval unless a Final Map is approved and recorded, except as provided under the provisions of California Government Code Section 66452.6 unless extended an additional 24 months as provided for in SB 9. The subdivision proposed by Tentative Parcel Map No.83696 shall not be effective until such time that a final map is recorded.
11.That preparation and recordation of the Final Map shall meet all requirements of the Subdivision Map Act and Chapter 28 inclusive of the Compton Municipal Code.
12.That the Final Map shall be approved by City Council and recorded prior to issuance of grading permits excluding all model units. That model building construction and associated utilities install can occur prior to final map recordation.
13.That a copy of the Final Map and copies of all improvement plans (hardcopy and digital) shall be submitted to the Planning Department and Public Works Department for inclusion in project files prior to approval of the Final Map by the City Engineer.
14.If an archaeological resource is encountered during ground-disturbing activities, work within 50 feet of the find must halt and a qualified archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archaeology must be contacted immediately to evaluate the find. If the discovery proves to be significant under CEQA, additional work such as data recovery excavation may be warranted.
The on-site monitoring shall end when the project site excavation activities are completed, or sooner if the archaeologist indicates that the site has a low potential for archeological resources. During monitoring, the archaeologist shall complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. Following completion of monitoring, the archaeologist shall prepare a summary memorandum of finds, their significance under CEQA and their disposition. (*Note: The California Historical Resources Information System contains a listing of qualified archaeologists at www.chrisinfo.org.)
15.The discovery of human remains is always a possibility during ground-disturbing activities.
If human remains are found, the State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the county coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. In the event of an unanticipated discovery of human remains, the county coroner must be notified immediately. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a most likely descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials.
16.If potential Native American resources are uncovered during grading, the applicant shall be required to halt work within 50 feet of the find, inform the Director of Community Development or his/her designee immediately and retain a qualified professional archaeologist and an experienced and certified Native American monitor of Gabrieleño Resolution No. ___________________
heritage to examine the material to determine whether it is a “unique cultural resource” as defined in Section 21083.2 (g) of the State CEQA Statues. If this determination is positive, the scientifically consequential information shall be fully recovered by the archaeologist and Native American monitor. Work may continue outside the area of the find. However, no further work shall occur in theimmediate location of the find until all information recovery has been completed and a report concerning same filed with the County, a designated repository as appropriate and made available to interested representatives of Native American tribes that are traditionally and culturally affiliated with the Project area.
17.All onsite construction shall occur only during the hours of 7:00 AM to 7:00 PM Monday through Saturday.
18.That prior to the issuance of Building permits, stationary construction noise sources such as generators or pumps should be located as far as feasibly possible from any existing adjacent residential units.
19.That prior to the issuance of Building permits, construction staging areas should be located as far as feasibly possible from any adjacent sensitive residential land uses.
20.During construction, the contactor shall ensure all construction equipment is equipped with appropriate noise attenuating devices.
21.Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging
22.Grading and construction contractors shall use quieter equipment as opposed to noisier equipment (such as rubber-tired equipment rather than track equipment), to the maximum extent feasible
23.Prior to any lane closure or detour, the developer shall submit a Construction Traffic Management Plan per the California M.U.T.C.D. for review and approval by the City Engineer. The plan shall include, but not be limited to, signing, truck routes per the City of Compton Approved Truck Route Map (Figure C-4 of the General Plan Visions 2010), and construction hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday per the Municipal Code section 17-12.22 Section 7-12. 22 – Construction or Repairing of Buildings, Pile Drivers, Hoists, Steam Shovels of the City of Compton Municipal Code.
24.That a copy of these conditions of approval shall be attached to the plan-check set of plans submitted to the Building Department for plan check as a detail sheet.
25.That the applicant or property owner shall be responsible for maintenance of the property in accordance with all applicable local ordinances.
26.If required by the Fire Department, a California licensed Professional Engineer must prepare a water pressure analysis for the project and shall be submitted for review and approval by the City Public Works/Municipal Utilities Department.
27.Prior to the issuance of the building permits, the applicant and/or developer must implement all Fire Department requirements, which may include, but are not limited to, emergency access, parking prohibitions, fire sprinklers, fire lanes, on-site fire hydrants, fire escapes, fire alarms etc.
28.That the interior and exterior of the property shall be maintained free of trash and debris, and that suitable trash bins shall be maintained on site throughout the construction period.
29.That all conditions of this approval shall be recorded so that future owners/operators will be informed of rights and restrictions placed on the property while this approval is in force.
30.That the residents of each unit shall use their garage for onsite resident parking and shall not parking in the driveway. The onsite garage of each unit shall remain free at all times of any obstruction or materials preventing the parking of two full sized personal vehicles.
Section 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this resolution shall remain in full force and effect.
Section 3. That this resolution approving Tentative Tract Map 83696 for the property located at 1716 E Rosecrans Avenue is APPROVED and shall be in immediate full force after the date of its final passage and adoption by the City Council.
Section 4.That a copy of this resolution shall be filed in the offices of the City Clerk, Building & Safety and Community Development Department (Planning).
Section 5. The Mayor shall sign and the City Clerk shall attest to the adoption of this resolution.
Resolution No. ___________________
ADOPTED this _________ day of _______________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Alita Godwin, City Clerk of the City of Compton, do hereby certify that the foregoing resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the ___________ day of ________________, 2022.
That said resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
___________________________________
CITY CLERK OF THE CITY OF COMPTON
CL
CL
CLCL
CL
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CL CL
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PRM
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PRHPRH PRHPRH PRH PRM
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CL CL
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PRH PRH PRHPRH PRH PRH PRH
PRM PRM
CL
PRM
CL
ROSECRANS
SAUNDERS
BRADFIELD
ESSEY
SAUNDERS
BRADFIELD
CITY OF COMPTON
F
THIS MAP IS A PUBLIC RESOURCE OF GENERAL INFORMATION. THE CITY OF COMPTON MAKES
NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE DATABASE INFORMATION PROVIDED HEREIN.
THE READER SHOULD NOT RELY ON THE DATA PROVIDED HEREIN FOR ANY REASON. THE CITY OF
COMPTON EXPLICITLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CITY OF COMPTON SHALL ASSUME NO LIABILITY FOR:
1. ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED; OR
2. ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY READER IN RELIANCE UPON ANY INFORMATION OR DATA FURNISHED HEREUNDER.
ZONING MAP
Legend
City Limits
parcels
RA - Residential Agriculture
RL - Low Density Residential
RM - Medium Density Residential
RH - High Density Residential
P - Parking
PRL - Parking/Low Density Residential
PRM - Parking/Medium Density Residential
PRH - Parking/High Density Residential
CL - Limited Commercial
CM - Commercial Manufacturing
ML - Limited Manufacturing
MH - Heavy Manufacturing
B - Buffer
LAC - Los Angeles County
UNZONED
Tentative Tract Map No. 83696
1716 E. Rosecrans Ave.
APNs: 6184-002-901 and 6184-002-902
Subject Site
C-L
ROSECRANS
SAUNDERS
BRADFIELD
ESSEY
SAUNDERS
BRADFIELD
CITY OF COMPTON
F
THIS MAP IS A PUBLIC RESOURCE OF GENERAL INFORMATION. THE CITY OF COMPTON MAKES
NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE DATABASE INFORMATION PROVIDED HEREIN.
THE READER SHOULD NOT RELY ON THE DATA PROVIDED HEREIN FOR ANY REASON. THE CITY OF
COMPTON EXPLICITLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CITY OF COMPTON SHALL ASSUME NO LIABILITY FOR:
1. ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED; OR
2. ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY READER IN RELIANCE UPON ANY INFORMATION OR DATA FURNISHED HEREUNDER.
AERIAL MAP
Legend
City Limits
parcels
Tentative Tract Map No. 83696
1716 E. Rosecrans Ave.
APNs: 6184-002-901 and 6184-002-902
Subject Site
O
MR
MUMU
MU
LR
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MUMU MUMU MU
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ROSECRANS
SAUNDERS
BRADFIELD
ESSEY
SAUNDERS
BRADFIELD
CITY OF COMPTON
F
THIS MAP IS A PUBLIC RESOURCE OF GENERAL INFORMATION. THE CITY OF COMPTON MAKES
NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE DATABASE INFORMATION PROVIDED HEREIN.
THE READER SHOULD NOT RELY ON THE DATA PROVIDED HEREIN FOR ANY REASON. THE CITY OF
COMPTON EXPLICITLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CITY OF COMPTON SHALL ASSUME NO LIABILITY FOR:
1. ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED; OR
2. ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY READER IN RELIANCE UPON ANY INFORMATION OR DATA FURNISHED HEREUNDER.
GENERAL PLAN MAP
Legend
City Limits
parcels
Low Density Residential <8.0 du/ac
Medium Density Residential 8.1-17.0 du/ac
High Density Residential 17.1-34.0 du/ac
General Commercial
Mixed Use
Industrial
Open Space/Parks
Public/Quasi-Public
Transportation
Tentative Tract Map No. 83696
1716 E. Rosecrans Ave.
APNs: 6184-002-901 and 6184-002-902
Subject Site
MU
ITEM 3A
Community Development Department
205 S. Willowbrook Ave., Compton, CA 90220 (310) 605-5532 Fax: (310) 761-1488 www.comptoncity.org -
STAFF REPORT
CASE NO(S). TENTATIVE TRACT MAP CASE NO. 21-003 (TTM83696) LOCATION 1716 E. ROSECRANS AVENUE.
APN: 6184-002-901 & 902
REQUEST TENTATIVE TRACT MAP APPROVAL TO CREATE FIVE
REDUCED SIZED LOW DENSITY RESIDENTIAL LOTS ON
A 15,863 SQUARE FOOT SITE OWNED BY THE
SUCCESSOR AGENCY
HEARING DATE JUNE 8, 2022
Applicant:
WIN Project
Regina Young
2945 Westwood Blvd.
Los Angeles, CA. 90064
Requested Action/Project Description
The WIN Project is requesting approval of a minor subdivision to create five reduced sized Low Density Residential lots for detached single family homes from two existing Successor Agency owned lots. The rectangular shaped site consists of two lots, one containing 2,620 square feet and a larger lot containing 13,300 square feet and having a combined total 15,863 square feet, (.364-acre).
Location
The subject site is located on the southwest corner of Rosecrans Avenue and Bradfield Avenue.
Zoning and Land Use
The area surrounding the subject site is developed residentially on the south and commercially on the west, east and north sides.
SUMMARY Project
Site
North South East West
Existing
General
Plan
Mixed Use Mixed Use Low Density
Residential (LDR)
Mixed Use Mixed Use
Existing
Zoning
Limited
Commercial
Limited
Commercial
High Density
Residential/Parking
(HDR)
Limited
Commercial
Limited
Commercial
TTM No. 83696; SUBD 2021-003
June 8, 2022
Background
The site consists of two vacant lots owned by the Housing Successor Agency. The site has been unused for decades.
ANALYSIS
The subject site is a vacant successor agency owned property fronting on Rosecrans Avenue that the applicant is proposing to develop into five low density residential lots for affordable single-family detached homes. The lots range in size from 3, 020 square feet to 3, 746 square feet. The proposed lot widths range from 25 to 37.56 feet and have a lot depth of 110 feet. The typical size for single family lots is 5,000 square feet and a width of 50 feet.
However, the applicant is invoking the provisions of AB 1763. Although, the proposed lot widths and lot areas are below the code minimum, they do not require any Variances because the project is being developed under AB 1763. AB1763 allows projects that are proposing 100% affordable housing to have administrative review, an 80% density bonus and four concessions.
The applicant is utilizing two of the concessions reduced lot width and lot area. Therefore, the lots can be less the typical low density residential lots.
The applicant has submitted an ARB application to develop five detached single family homes, which has been reviewed by staff and received preliminary approval pending approval of the subdivision. The homes proposed are all two story with contemporary materials, architecture, five foot front yard fences and two-car detached garages.
Environmental Review:
The project is categorically exempt in accordance with Section 15332 of the State CEQA Guidelines (Class 32 – In Fill projects). Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section.(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.(c) The project site has no value, as habitat for endangered, rare or threatened species.(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.(e) The site can be adequately served by all required utilities and public services.
NOTICING
This case was properly noticed in accordance with California Government Code 65352, 65353 and 65090, Public Resources Code, Division 13 §21000 et seq. and Compton Municipal Code Sections 30-26 and 30-28. The environmental document properly noticed in accordance with CEQA requirements. Public hearing notices were sent to both owners and occupants within a 500-foot radius on May 19, 2022.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval to the City Council of the proposed Tentative Tract Map 83696, Subdivision Case No. 21-003 Existing
Land Use
Vacant Commercial Multi-Family
Residential
Commercial Commercial
TTM No. 83696; SUBD 2021-003
June 8, 2022
FINDINGS FOR AN APPROVAL RECOMMENDATION OF TENTATIVE TRACT MAP NO. 83696:
1. That the proposed subdivision for single family residential purposes will substantially comply with the Mixed Use General Plan land use designation and Limited Commercial zoning classification as mixed use live work units.
2. That the project conforms to the State Subdivision Map Act and the State Seismic Hazards Mapping Act (SHMA) of 1999 and Chapter 28 of the Compton Municipal Code.
3. That the proposed subdivision for single family residential will be located on a site that is physically suitable for residential development and will eliminate blight as well as provide five affordable single family housing units.
Conditions of Approval Tentative Tract Map 83696
1.That in accordance with Section 28.4.23 of the Compton Municipal Code, the park fee, in lieu of dedication of land, shall be allocated to the Department of Parks and Recreation in an amount equal to 5.3% of the fair market value of the land comprising the subdivision.
That said fees shall be payable prior to issuance of building permits for the units.
2.That the applicant and/or developer shall file with the City all deposits and bonds as the City Engineer and/or City Building Official determines as necessary to comply with Section 28-11 of the Compton Municipal Code.
3.That each unit shall have individually metered separate utility service (i.e. electric, water, gas, etc.).
4.That the applicant and/or developer shall replace and/or repair sidewalks, curbs, gutters or parkways located adjacent to the subject site along Rosecrans Ave. and Bradfield required and directed by the Public Works Director.
5.That grading, drainage, and hydrology plans, as required by Public Works Department, shall be submitted to and approved by the City Engineer prior to submittal of Final Map.
6.That a plan for providing water service to the subdivision, including all necessary easements and meter locations, shall be submitted to and approved by the Public Works and Water Departments concurrent with submission of the Final Map. Water lines, including any required upgrades shall be built to City standards.
7.That prior to the issuance of Building permits, a plan for providing sewer service to the subdivision including all necessary easements and sewer line upgrades, shall be submitted to and approved by the City Engineer and that the sewer lines, including upgrades shall be built to City standards.
8.The elevations of all building pad(s) shall be above the flood level per the current L.A.
CO. Flood Control Districts requirements [LACFCD]. Submit Hydrology/Hydraulics Analysis in compliance with the L.A.C.F.C.D.’s requirements for review/approval by the City.
9.The proposed development shall comply with all applicable state or federal laws and regulations including but not limited to National Pollutant Discharge Elimination System NPDES [LID, SUSMP, etc] requirements.
10.That prior to the issuance of building permits the City of Compton Fire Department shall ensure the development conforms to the following but not limited to: fire hydrants, and fire lanes etc.
11.That the number, spacing, and location of all required fire hydrants shall be reviewed and approved by the Fire and Water Departments
TTM No. 83696; SUBD 2021-003
June 8, 2022
12.That Tentative Parcel Map No. 83696 shall expire 24 months after City Council approval unless a Final Map is approved and recorded, except as provided under the provisions of California Government Code Section 66452.6 unless extended an additional 24 months as provided for in SB 9. The subdivision proposed by Tentative Parcel Map No.83696 shall not be effective until such time that a final map is recorded.
13.That preparation and recordation of the Final Map shall meet all requirements of the Subdivision Map Act and Chapter 28 inclusive of the Compton Municipal Code.
14.That the Final Map shall be approved by City Council and recorded prior to issuance of grading permits excluding all model units. That model building construction and associated utilities install can occur prior to final map recordation.
15.That a copy of the Final Map and copies of all improvement plans (hardcopy and digital) shall be submitted to the Planning Department and Public Works Department for inclusion in project files prior to approval of the Final Map by the City Engineer.
16.If an archaeological resource is encountered during ground-disturbing activities, work within 50 feet of the find must halt and a qualified archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archaeology must be contacted immediately to evaluate the find. If the discovery proves to be significant under CEQA, additional work such as data recovery excavation may be warranted.
The on-site monitoring shall end when the project site excavation activities are completed, or sooner if the archaeologist indicates that the site has a low potential for archeological resources. During monitoring, the archaeologist shall complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. Following completion of monitoring, the archaeologist shall prepare a summary memorandum of finds, their significance under CEQA and their disposition. (*Note: The California Historical Resources Information System contains a listing of qualified archaeologists at www.chrisinfo.org.)
17.The discovery of human remains is always a possibility during ground-disturbing activities. If human remains are found, the State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the county coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. In the event of an unanticipated discovery of human remains, the county coroner must be notified immediately. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a most likely descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials.
18.If potential Native American resources are uncovered during grading, the applicant shall be required to halt work within 50 feet of the find, inform the Director of Community Development or his/her designee immediately and retain a qualified professional archaeologist and an experienced and certified Native American monitor of Gabrieleño heritage to examine the material to determine whether it is a “unique cultural resource” as defined in Section 21083.2 (g) of the State CEQA Statues. If this determination is positive, the scientifically consequential information shall be fully recovered by the archaeologist and Native American monitor. Work may continue outside the area of the find. However, no further work shall occur in theimmediate location of the find until all information recovery has been completed and a report concerning same filed with the TTM No. 83696; SUBD 2021-003
June 8, 2022
County, a designated repository as appropriate and made available to interested representatives of Native American tribes that are traditionally and culturally affiliated with the Project area.
19.All onsite construction shall occur only during the hours of 7:00 AM to 7:00 PM Monday through Saturday.
20.That prior to the issuance of Building permits, stationary construction noise sources such as generators or pumps should be located as far as feasibly possible from any existing adjacent residential units.
21.That prior to the issuance of Building permits, construction staging areas should be located as far as feasibly possible from any adjacent sensitive residential land uses.
22.During construction, the contactor shall ensure all construction equipment is equipped with appropriate noise attenuating devices.
23.Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging
24.Grading and construction contractors shall use quieter equipment as opposed to noisier equipment (such as rubber-tired equipment rather than track equipment), to the maximum extent feasible
25.Prior to any lane closure or detour, the developer shall submit a Construction Traffic Management Plan per the California M.U.T.C.D. for review and approval by the City Engineer. The plan shall include, but not be limited to, signing, truck routes per the City of Compton Approved Truck Route Map (Figure C-4 of the General Plan Visions 2010), and construction hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday per the Municipal Code section 17-12.22 Section 7-12. 22 – Construction or Repairing of Buildings, Pile Drivers, Hoists, Steam Shovels of the City of Compton Municipal Code.
26.That a copy of these conditions of approval shall be attached to the plan-check set of plans submitted to the Building Department for plan check as a detail sheet.
27.That the applicant or property owner shall be responsible for maintenance of the property in accordance with all applicable local ordinances.
28.If required by the Fire Department, a California licensed Professional Engineer must prepare a water pressure analysis for the project and shall be submitted for review and approval by the City Public Works/Municipal Utilities Department.
29.Prior to the issuance of the certificate of occupancy, the applicant and/or developer must implement all Fire Department requirements, which may include, but are not limited to, emergency access, parking prohibitions, fire sprinklers, on-site fire hydrants, fire escapes, fire alarms etc.
30.That the interior and exterior of the property shall be maintained free of trash and debris, and that suitable trash bins shall be maintained on site throughout the construction period.
31.That all conditions of this approval shall be recorded so that future owners/operators will be informed of rights and restrictions placed on the property while this approval is in force.
32.That the residents of each unit shall use their garage for onsite resident parking and shall not parking in the driveway. The onsite garage of each unit shall remain free at all times of any obstruction or materials preventing the parking of two full sized personal vehicles.
TTM No. 83696; SUBD 2021-003
June 8, 2022
ACTIONS
1. That the Planning Commission recommend approval to the City Council of Tentative Tract Map Case No. 21-003 (TTM83696); subject to attached conditions of approval.
Exhibits
1) Aerial Map
2) General Plan Map
3) Zoning Map
4) Project Subdivision Plan
Proposed Single Family Affordable Homes
Rosecrans Ave front Elevation
Proposed Site Plan
July 26, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ADOPTING AND AUTHORIZING THE SUBMISSION OF THE HOUSING
AND URBAN DEVELOPMENT (HUD) FISCAL YEAR 2022-2023
ANNUAL ACTION PLAN AND USE OF FUNDS FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) HOME INVESTMENT
PARTNERSHIP GRANT (HOME) PROGRAMS AND AUTHORIZING A
BUDGET AMENDMENT IN THE AMOUNT OF TEN THOUSAND
DOLLARS ($10,000)
SUMMARY
Staff requests City Council to adopt and authorize the City Manager to submit to the U.S.
Department of Housing and Urban Development (HUD), the FY 2022-2023 Annual Action Plan which includes use of funds for the CDBG and HOME Federal Fund applications and execute all documents as required, and appropriate Ten Thousand Dollars ($10,000) to amend the FY2023 Budget for an additional subrecipient (Southern California Cricket Program), per Resolution 25,673.
BACKGROUND
HUD’s fiscal year 2022-2023 federal grant allocation for Compton’s Community Development Block Grant (CDBG) is $1,375,145 available for programming. Compton’s HOME program allocation for fiscal year 2022-2023 is $656,322, with program income received in the amount of $148,632.55 for a total available of $804,954 for programming.
In accordance with HUD requirements staff prepared the draft FY2022-2023 Annual Action Plan. As part of the planning process, a notice of Availability of funds was published in the Compton Bulletin Newspaper and funding proposals were accepted by the City for two concurrent years.
The Grants Division had to advertise both FY 2021 – 2022 and FY 2022 – 2023 together due to a severe delay in FY 2021-2022 programming. The delay resulted after the Grants Division did not receive full approval from Council to administer Community Development Block Grant Funding. The Council did not approve of partnerships with Non-profit organizations and requested the City to conduct a second Request for Proposal Process
13.13.13. July 26, 2022
Staff Report – Resolution Authorizing City Manager
To Adopt and Authorize Fiscal Year 2022-2023 Consolidated Action Plan
to allow more organizations in the City time to partner. After, conducting community workshops, council workshops, placing more ads, and promoting another Request for Proposal the City received an additional Non-profit agency proposal. The Grants Division held another Public Hearing but the proposals were denied again. After several revisits to Council, the City ultimately gained authorization to enter into an agreement with Non- profit agencies in June of 2021. Subsequently, programming has been delayed and the Grants Division is attempting to administer FY 2022–2023 programming on time while concurrently administering funds for last Fiscal Year. The FY2022-2023 Budget did not include an appropriation for the Southern California Junior Cricket Program. The Sub- recipient was approved in Resolution 25,673, for Ten Thousand Dollars ($10,000) and is now being requested as a budget amendment for this amount in the FY 2022-2023 Budget.
CDBG Program:
The primary objective of the CDBG program is to develop viable urban communities by providing decent housing and a suitable living environment, principally for persons of low and moderate income. Eligible CDBG activities proposed for fiscal year 2022-2023 are:
FY 2022-2023 CDBG PROGRAM/ACTIVITY AMOUNT
1 CDBG Program Administration $275,029
2 Fair Housing Foundation – Contribution to Other
Agencies Account $10,000
3 Champions of Caring – Contribution to Other
Agencies Account $22,600
4 Compton Youth Build – Contribution to Other
Agencies Account $25,000
5 Southern California Junior Cricket – Contribution to
Other Agencies Account
2800-780-L05 - 4289
$10,000
6 The Children’s Clinic Cricket – Contribution to Other Agencies Account $60,000
July 26, 2022
Staff Report – Resolution Authorizing City Manager
To Adopt and Authorize Fiscal Year 2022-2023 Consolidated Action Plan
7 Residential Street Improvements – Capital Outlay $972,516 TOTAL $1,375,145
Home Program:
The primary purpose of the HOME Program is to preserve and increase the supply of decent, safe, and sanitary affordable rental and owner-occupied housing principally for persons of low and moderate income. Per HUD guidelines, 10% of total HOME funding is allowed for admin cost and 15% for Community Housing Development Organizations (CHDO) of the total amount allotted for HOME, ($656,322). Adding the program income, $148,632 to the amount allotted $656,322 gives the City a total of $804.954.55 to spend on the HOME program. Eligible activities proposed for fiscal year 2022-2023 are:
FY 2022-2023 HOME PROGRAM/ACTIVITY AMOUNT
a HOME Program Administration $ 65,632.00
b CHDO $ 98.448.30
c HOME First Time Homebuyers Program
(Plus Prior year Program income, $148,632)
$ 640,874.05
$804.954.55
STATEMENT OF ISSUE
In order for the City of Compton to receive CDBG, HOME and ESG grant funds, it is required to approve and submit an Annual Action plan which includes CDBG, HOME, and ESG grant applications and the proposed use of federal funds.
FISCAL IMPACT
The General Fund will not be negatively impacted by the proposed 2022-2023 Annual Action Plan.
July 26, 2022
Staff Report – Resolution Authorizing City Manager
To Adopt and Authorize Fiscal Year 2022-2023 Consolidated Action Plan
An increase in appropriations to the FY2022-2023 Budget to the following accounts are being requested:
Account String Account Name Amount
2800-000-000-3583 CDBG Fund – HUD Revenue $10,000
And
2800-540-L05-4289 CDBG Fund – Grant Year $10,000
2023 – Contributions to Other
Agencies Account
RECOMMENDATIONS
Staff recommends that City Council adopt the proposed 2022-2023 Annual Action Plan; and authorize the City Manager to submit the grant applications and Plan to HUD; authorize the City Manager to execute Agreements and implement all proposed programs included in the 2022-2023 Annual Action Plan; and include the identified programs and funding allocations in the City’s 2022-2023 budget. Additionally, staff recommends that the City Council authorize an increase in revenue and expenditure appropriations in the CDBG Fund for $10,000 for the additional Sub-recipient Southern California Junior Cricket Program, which was approved with Resolution 25,673.
AUBREY RELF
GRANTS COMPLIANCE MANAGER
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ________________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ADOPTING AND AUTHORIZING THE SUBMISSION OF THE HOUSING
AND URBAN DEVELOPMENT (HUD) FISCAL YEAR 2022-2023
ANNUAL ACTION PLAN AND USE OF FUNDS FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) HOME INVESTMENT
PARTNERSHIP GRANT (HOME) PROGRAMS AND AUTHORIZING A
BUDGET AMENDMENT IN THE AMOUNT OF TEN THOUSAND
DOLLARS ($10,000)
WHEREAS, HUD’s fiscal year 2022-2023 federal grant allocation for Compton’s Community Development Block Grant (CDBG) is $1,375,145 available for programming.
Compton’s HOME program allocation for fiscal year 2022-2023 is $656,322, with program income received in the amount of $148,632.55 for a total available of $804,954 for programming; and
WHEREAS, in order to be eligible to receive federal funds, the City must develop an Action Plan and submit to HUD, the planning and application elements for the CDBG and HOME programs; and
WHEREAS, HUD requires that citizens be given the opportunity to comment on the City’s proposed Annual Action Plan, and in compliance the City has provided copies of the Draft Plan for public view, in the Office of the City Clerk, Compton Grants Division and the Compton Public Library; and
WHEREAS, the City noticed the availability of the Draft Annual Action Plan for public view and comment in the Compton Bulletin Newspaper and informed citizens that they had an option to call, email and submit written comments on the proposed Plan; and WHEREAS, the City will hold another virtual public comment meeting on August 12, 2021 to obtain further citizen input and comments on the draft Plan and proposed activities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: That the City Council shall adopt the funding recommendations of the draft FY 2022-2023 Annual Action Plan as follows:
FY 2022-2023 CDBG PROGRAM/ACTIVITY AMOUNT
1 CDBG Program Administration $275,029
2 Fair Housing Foundation $10,000
3 Champions of Caring $22,600
4 Compton Youth Build $25,000
5 Southern California Cricket $10,000
6 The Children’s Clinic $60,000
7 Residential Street Improvements $972,516
TOTAL $1,375,145
Resolution No. _____________
FY 2022-2023 HOME PROGRAM/ACTIVITY AMOUNT
a HOME Program Administration $ 65,632.00
b CHDO $ 98.448.30
c HOME First Time Homebuyers Program
(Plus Prior Year Program Income, $148,632.55)
$ 640,874.05
$804,954.55
Section 2. That the City Manager is hereby authorized to make the following budget amendment to the Fiscal Year 2022-2023 Adopted Budget for an increase of appropriations of funds to the following accounts:
Account String Account Name Amount
2800-000-000-3583 CDBG Fund – HUD Revenue $10,000
And
2800-540-L05-4289 CDBG Fund – Grant Year $10,000
2023 – Contributions to Other
Agencies Account
Section 3.That the City Manager is authorized to submit the Fiscal Year 2022 -2023 Annual Action Plan to the Department of Housing and Urban Development.
Section 4.That the City Manager is authorized to execute all necessary documents and implement all programs included in the FY 2022-2023 Annual Action Plan.
Section 5.That a certified copy of this Resolution shall be filed in the offices of the City Manager, Grants Division, City Attorney, and City Controller.
Section 6.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _______ day of _____________________, 2022. _______________________________
MAYOR OF THE CITY OF COMPTON
Resolution No. _____________
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON
I, Alita Godwin, City Clerk of the City of Compton, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the _______ day of ________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
___________________________________
CITY CLERK OF THE CITY OF COMPTON
JULY 26, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON,
ORDERING CHARGES FOR SOLID WASTE AND RECYCLABLE
MATERIALS HANDLING SERVICES AND DELINQUENCIES TO BE
COLLECTED ON THE LOS ANGELES COUNTY PROPERTY TAX
ROLL FOR FISCAL YEAR 2022-2023 AND COMBINED
OUTSTANDING BALANCES FOR TAX ROLL BILLING FOR FISCAL
YEAR 2021-2022
SUMMARY
Staff respectfully requests the City Council to
(i) Hold a public hearing; and
(ii) Adopt the attached Resolution ordering charges for solid waste and recyclable materials handling services and delinquencies to be collected on the Los Angeles County Property Tax roll for Fiscal Year 2022-2023 and combined Outstanding Balances for Fiscal Year 2021-2022.
BACKGROUND
The City Council is authorized pursuant to Chapter XXI of the Compton Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (“HSC Code”) to levy annual charges for solid waste and recyclable materials handling services (“Charges”) and to have such Charges, whether or not delinquent, collected on the County of Los Angeles Property Tax Roll (“Tax Roll”), the water bill for the premises, or by separate bill of the City or the City’s franchise hauler, Republic Services, Inc. (“Republic”).
STATEMENT OF ISSUE
The City bills and collects Charges for single-family residential customers and multi-family customers without bin service, and collects the Charges for certain of these premises on the Tax Roll. Charges collected on the Tax Roll shall be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.
Pursuant to the City’s Amended and Restated Agreement with Republic, Republic bills and collects Charges for all other customers. For charges billed by Republic, the Charge will be considered delinquent if payment is not received by Republic on or before 30 days after billing, and upon Charges becoming delinquent, Republic shall notify the customer that the invoice is overdue and that nonpayment will result in further collection action.
14.14. Staff Report – Ordering Charges for Solid Waste & Recyclable Materials Handling Services to be on Property Tax Roll FY ‘22-‘23
Republic may turn over delinquent accounts to the City for collection on the Tax Roll.
Republic has submitted a list of accounts that are delinquent at least 90 days, as of May 15, 2022 to the City for collection on the fiscal year 2022-23 Tax Roll, and staff has reviewed such list. Additionally, included herein are the Outstanding Balances for fiscal year 2021-2022 to be collected on the Los Angeles County Property Tax Roll, and staff has reviewed such list.
The collection of Charges and delinquencies on the Tax Roll requires the preparation of a report and the holding of a public hearing. Staff has caused a written report to be prepared and filed with the City Clerk in accordance with HSC Section 5473 (“Report”) and the Report is on file in the office of the City Clerk and in the Water Department. The Report contains (i) a description of each single-family residential parcel within the City to which the Charge is applicable and for which the City intends to collect the Charge on the Tax Roll for fiscal year 2022-2023, including the amount of the Charge for each parcel for fiscal year 2022-2023, and (ii) a description of each parcel within the City for which Republic billed the Charge which is now delinquent and which Republic has requested the City to collect on the Tax Roll for fiscal year 2022-2023 delinquent amount.
Furthermore, the report contains (i) a description of each single-family residential parcel within the City to which the Charge is applicable and for which the City intends to collect the Charge on the Tax Roll for fiscal year 2021-2022, including the amount of the Charge for each parcel for fiscal year 2021-2022, and (ii) a description of each parcel within the City which is delinquent and is to be collected on Tax Roll for fiscal year 2021-2022.
Pursuant to a previous resolution, the City Council received the Report, set a public hearing on the Report for July 12, 2022, and directed that notice of the public hearing be provided in accordance with law.
At the public hearing, the City Council must hear and consider all objections and protests to the Report and the collection of Charges and delinquencies on the Tax Roll. If the City Council determines at the close of the public hearing that oral or written protests have been presented, and not withdrawn, by the record owners of a majority of the parcels subject to tax roll collection, the City Council shall not approve the Report and shall not collect the Charges and delinquencies on the 2022-2023 and outstanding balances for fiscal year 2021-2022 Tax Roll. However, the City may still bill the Charges and Republic may still pursue the delinquencies, but not by including the Charges or delinquencies on the Tax Roll.
Staff Report – Ordering Charges for Solid Waste & Recyclable Materials Handling Services to be on Property Tax Roll FY ‘22-‘23
RECOMMENDATION
That the City Council hold a public hearing and, in the absence of a majority protest, adopt the attached Resolution.
DON NGUYEN
WATER DEPARTMENT GENERAL MANAGER
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO.________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON,
ORDERING CHARGES FOR SOLID WASTE AND RECYCLABLE
MATERIALS HANDLING SERVICES AND DELINQUENCIES TO BE
COLLECTED ON THE LOS ANGELES COUNTY PROPERTY TAX
ROLL FOR FISCAL YEAR 2022-2023 AND COMBINED
OUTSTANDING BALANCES FOR TAX ROLL BILLING FOR FISCAL
YEAR 2021-2022
WHEREAS, the City Council is authorized pursuant to Chapter XXI of the Compton Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (“ HSC Code”) to levy annual charges for solid waste and recyclable materials handling services (“Charges”) and to have such Charges, whether or not delinquent, collected on the County of Los Angeles Property Tax Roll (“Tax Roll”), the water bill for the premises, or by separate bill of the City or the City’s franchise hauler, Republic Services, Inc. (“Republic”); and WHEREAS, charges collected on the Tax Roll shall be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City; and
WHEREAS, the City bills and collects Charges for single-family residential customers and multi-family customers without bin service, and collects the Charges for certain of these premises on the Tax Roll; and
WHEREAS, pursuant to the City’s Amended and Restated Agreement with the City’s franchise hauler for solid waste and recyclable materials handling services, Republic bills and collects Charges for all other customers; and WHEREAS, for Charges billed by Republic, the Charge will be considered delinquent if payment is not received by Republic on or before 30 days after billing and upon Charges becoming delinquent, Republic shall notify the customer that the invoice is overdue and that nonpayment will result in further collection action; and WHEREAS, Republic may turn over delinquent accounts to the City for collection on the Tax Roll; and
WHEREAS, Republic submitted a list of accounts that are delinquent at least 90 days, as of May 15, 2022, to the City for collection on the fiscal year 2022-23 Tax Roll, and the City has reviewed such list; and
WHEREAS, the City has caused a written report to be prepared and filed with the City Clerk in accordance with HSC Section 5473 (“Report”) and the Report is on file in the office of the City Clerk and in the Water Department. The Report contains (i) a description of each single-family residential parcel within the City to which the Charge is applicable and for which the City intends to collect the Charge on the Tax Roll for fiscal year 2022- 23, including the amount of the Charge for each parcel for fiscal year 2022-23, and (ii) a description of each parcel within the City for which Republic billed the Charge which is now delinquent and which Republic has requested the City to collect on the Tax Roll for fiscal year 2022-23, including the delinquent amount; and WHEREAS, the City, included herein a list of outstanding accounts for collection on the fiscal year 2021-22 Tax Roll, and the City has reviewed such list; and WHEREAS, the City has caused a written report to be prepared and filed with the City Clerk in accordance with HSC Section 5473 (“Report”) and the Report is on file in the office of the City Clerk and in the Water Department. The Report contains (i) a description of each single-family residential parcel within the City to which the Charge is applicable and for which the City intends to collect the Charge on the Tax Roll for fiscal year 2021- 22, including the amount of the Charge for each parcel for fiscal year 2021-22, and (ii) a description of each parcel within the City which is delinquent and is to be collected on Tax Roll for fiscal year 2021-22; and
RESOLUTION NO. ____________
WHEREAS, following notice duly given in accordance with law, the City Council held a public hearing on the Report pursuant to HSC Code Section 5473 to consider collecting Charges and delinquencies on the Tax Roll for fiscal year 2022-23 combined with Tax Roll for fiscal year 2021-22, as described herein, and heard and considered all objections and protests thereto; and
WHEREAS, no majority protest to the Report exists, as determined in accordance with HSC Section 5473.2.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1.That each of the above recitals is true and correct and is adopted by the City Council.
Section 2.That the City Council hereby overrules all objections or protests to the Report, and approves the Report as filed, except that the General Manager of the City’s Water Department is hereby authorized to remove from the Report any property for which the Charge or delinquent amount has been paid in full, or to reduce the amount set forth in the Report for any property for which there has been a partial payment.
Section 3.That the City Clerk is hereby authorized and directed to file the Report with the City Treasurer with a statement endorsed on said Report over the City Clerk’s signature that the Report has been approved and finally adopted by the City Council.
Section 4.That the General Manager of the City’s Water Department is hereby authorized and directed to cause to be filed with the Los Angeles County Auditor a copy of the Report with a certified copy of this Resolution.
Section 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _______ day of ___________, 2022.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
RESOLUTION NO. ____________
I, Alita L. Godwin, City Clerk of the City of Compton, do hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the ______ day of ________, 2022.
That said resolution was adopted by the following vote, to wit:
AYES: Council Members-
NOES: Council Members-
ABSENT: Council Members-
ABSTAIN: Council Members-
___________________________________
CITY CLERK OF THE CITY OF COMPTON
July 26, 2022
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ESTABLISH PURCHASE
ORDERS TO CITY-WIDE VENDORS LISTED IN “APPENDIX A” FOR
THE PROCUREMENT OF SUPPLIES AND SERVICES FOR FISCAL
YEAR 2022-2023 ($1,017,727)
SUMMARY
Adoption of this resolution will authorize the City Manager to establish purchase orders for various vendors who provide supplies and services for multiple City departments, which the expenditures for a specified vendor used by multiple departments exceed the City Manager’s fiscal year spending authority (i.e. $25,000) on any one vendor.
BACKGROUND
City departments frequently procure office supplies, small equipment and other minor services that are needed to ensure effective performance of their daily business.
Consequently, and on numerous occasions, the $25,000 fiscal year expenditure limit has been exceeded due to multiple departments combined procurement from the same vendor. This results in an excessive number of Council warrants and resolutions being generated for routine purchase for supplies and services that fall under the $25,000 spending cap per vendor. In prior years, these procurements were done by individual departments. Though many of the purchases were small in the amount, the City would benefit from collective negotiation or bulk discounts if those procurements were done collectively.
STATEMENT OF ISSUE
The City desired to efficiently manage small-value procurements by preventing the issuance of multiple Council resolutions for the same vendors. The City has determined that a “global resolution” which authorizes the City Manager to establish purchase orders for each vendor used by multiple departments, which expenditures total more than the City Manager’s fiscal year spending authorization. A list of each subject vendors, the departments using each subject vendor, the type of supplies, goods and/or services purchased from each subject vendor, the expenditure amounts and designated account numbers are contained in “ Appendix A”, which is attached to the resolution and incorporated therein.
15.15.15. ALTERNATIVE
Each City department utilizing the same vendor, wherein the total amount spend on that vendor exceeds the City Manager’s spending authority would have to submit separate and individual resolutions for each vendor.
FINANCIAL IMPACT
Funds for the procurements have been appropriated in each Department’s Fiscal Year 2022-2023 budget.
RECOMMENDATION
Staff recommends adoption of the attached resolution.
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ESTABLISH PURCHASE ORDERS TO CITY-WIDE VENDORS LISTED IN “APPENDIX A” FOR THE
PROCUREMENT OF SUPPLIES AND SERVICES FOR FISCAL YEAR 2022- 2023 ($1,017,727)
WHEREAS, the City Manager is authorized to establish purchase orders for various vendors who provide supplies and services for multiple City departments, which the expenditures for a specified vendor used by multiple departments exceed the City Manager’s fiscal year spending authority (i.e. $25,000) on any one vendor; and WHEREAS, City departments frequently procure office supplies, small equipment and other minor services that are needed to ensure effective performance of their daily business. Consequently, and on numerous occasions, the $25,000 fiscal year expenditure limit has been exceeded due to multiple departments combined procurement from the same vendor. This resulted in an excessive number of Council warrants and resolutions being generated for routine purchase for supplies and services that fall under the $25,000 spending cap per vendor; and WHEREAS, The City desired to efficiently manage small-value procurements by preventing the issuance of multiple Council resolutions for the same vendors. The City has determined that a “global resolution” which authorizes the City Manager to establish purchase orders for each vendor used by multiple departments, which expenditures total more than the City Manager’s fiscal year spending authorization; and WHEREAS,a list of each subject vendor, the department using each subject vendor, the type of supplies, good and/or services purchased from each subject vendor, the expenditure amount and designated account numbers are contained in “Appendix A,” which is attached to this Resolution and incorporated therein; and WHEREAS, Funds for the procurements have been appropriated in each Department’s Fiscal Year 2022-2023 Budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.That the City Manager is hereby authorized to establish purchase orders for each of the vendors listed in “Appendix A” of this Resolution for the good, supplies and/or services and in the amounts specified therein.
SECTION 2.That funds for the procurements have been appropriated in each identified Department’s Fiscal Year 2022-2023 approved budget.
SECTION 3.That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller and each Department identified in “Appendix A.”.
SECTION 4.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this __________ day of _____________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
Resolution No. ____________________
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested to by the City Clerk, at a regular meeting thereof held on the _______ day of _________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
CITY OF COMPTON
SHARED VENDOR REQUEST
FY 2022-2023
DEPARTMENT/DIVISION VENDOR NAME DESCRIPTION ACCOUNT DETAIL AMOUNT City Council Staples Office Supplies 1001-400-C01-4210 $ 600.00 City Council Staples Office Supplies 1001-400-C01-4249 $ 400.00 City Council Staples Office Supplies 1001-400-C02-4210 $ 600.00 City Council Staples Office Supplies 1001-400-C02-4249 $ 400.00 City Council Staples Office Supplies 1001-400-C03-4210 $ 600.00 City Council Staples Office Supplies 1001-400-C03-4249 $ 400.00 City Council Staples Office Supplies 1001-400-C04-4210 $ 600.00 City Council Staples Office Supplies 1001-400-C04-4249 $ 400.00 City Council Staples Office Supplies 1001-400-C05-4210 $ 600.00 City Council Staples Office Supplies 1001-400-C05-4249 $ 400.00 City Manager Staples Office Supplies 1001-510-000-4210 $ 4,000.00 City Manager Staples Office Supplies 1001-510-000-4249 $ 1,500.00 City Manager Staples Office Supplies 1001-510-IT0-4210 $ 600.00 City Manager Staples Office Supplies 6200-510-000-4210 $ 500.00 City Manager Staples Office Supplies 7002-510-000-4210 $ 250.00 City Clerk Staples Office Supplies 1001-470-000-4210 $ 500.00 General Services Staples Office Supplies 1001-600-000-4210 $ 1,500.00 Controllers Staples Office Supplies 1001-650-000-4210 $ 2,000.00 Community Improvement Staples Office Supplies 1001-670-000-4210 $ 5,000.00 Fire Dept Staples Office Supplies 1001-690-000-4210 $ 2,000.00 Public Works Engineering Staples Office Supplies 1001-710-000-4210 $ 1,000.00 Public Works Engineering Staples Office Supplies 3031-710-000-4210 $ 1,000.00 Comm Dev- Housing Staples Office Supplies 2820-780-000-4210 $ 5,500.00 Comm Dev- Careerlink Staples Office Supplies 1001-780-CRL-4210 $ 1,000.00 Successor Agency Staples Office Supplies 1201-910-000-4212 $ 1,000.00 Planning Staples Office Supplies 1001-780-000-4210 $ 1,000.00 Human Resources Staples Office Supplies 1001-620-000-4210 $ 500.00 Comm Dev- Grants Staples Office Supplies 2800-540-H11-4210 $ 12,000.00 Public Works St Maintenance Staples Office Supplies 1001-720-000-4218 $ 6,000.00 Water Dept Staples Office Supplies 5000-900-000-4210 $ 3,000.00 Total $ 54,850.00
City Attorney Office Depot Office Supplies 1001-420-000-4210 $ 11,000.00 City Clerk Office Depot Office Supplies 1001-470-000-4210 $ 3,000.00 Controller Office Depot Office Supplies 1001-650-000-4210 $ 2,000.00 Public Works Engineering Office Depot Office Supplies 2000-710-000-4210 $ 400.00 Public Works Engineering Office Depot Office Supplies 3031-710-000-4210 $ 1,600.00 Comm Dev- Grants Office Depot Office Supplies 2800-540-H11-4210 $ 2,000.00 Human Resources Office Depot Office Supplies 1001-620-000-4210 $ 100.00 Building & Safety Office Depot Office Supplies 1001-770-000-4210 $ 3,750.00 City Treasurer Office Depot Office Supplies 1001-440-000-4210 $ 10,000.00 Water Dept Office Depot Office Supplies 5000-900-000-4210 $ 3,000.00 Total $ 36,850.00
City Manager Quill Office Supplies 1001-510-000-4249 $ 1,500.00 City Manager Quill Office Supplies 1001-510-IT0-4210 $ 400.00 City Manager Quill Office Supplies 7002-510-000-4210 $ 250.00 Community Improvement Quill Office Supplies 1001-670-000-4210 $ 4,000.00 Human Resources Quill Office Supplies 1001-620-000-4210 $ 997.00 Building & Safety Quill Office Supplies 1001-770-000-4210 $ 1,750.00
CITY OF COMPTON
SHARED VENDOR REQUEST
FY 2022-2023
DEPARTMENT/DIVISION VENDOR NAME DESCRIPTION ACCOUNT DETAIL AMOUNT Successor Agency Quill Office Supplies 1201-910-000-4210 $ 1,000.00 City Treasurer Quill Office Supplies 1001-440-000-4249 $ 3,000.00 Water Dept Quill Office Supplies 5000-900-000-4210 $ 3,000.00 Total $ 15,897.00
City Manager TAJ Office Supplies 1001-510-000-4249 $ 1,000.00 City Clerk TAJ Office Supplies 1001-470-000-4210 $ 500.00 Community Improvement TAJ Office Supplies 1001-670-000-4210 $ 4,000.00 City Treasurer TAJ Office Supplies 1001-440-000-4249 $ 5,000.00 Public Works Engineering TAJ Office Supplies 3031-710-000-4210 $ 2,000.00 Comm Dev- Housing TAJ Office Supplies 2820-780-000-4210 $ 1,500.00 Comm Dev- Grants TAJ Office Supplies 2805-780-000-4210 $ 3,658.00 Recreation TAJ Office Supplies 1001-840-000-4210 $ 1,000.00 Public Works St Maintenance TAJ Office Supplies 1001-720-000-4210 $ 1,000.00 Public Works St Maintenance TAJ Office Supplies 1520-720-0MR-4210 $ 500.00 Water Dept TAJ Office Supplies 5000-900-000-4210 $ 1,000.00 Total $ 21,158.00
City Manager CDWG Computer Equipment 1001-510-000-4218 $ 5,000.00 City Manager CDWG Computer Equipment 1001-510-IT0-4218 $ 5,000.00 City Council CDWG Computer Equipment 1001-400-C01-4218 $ 600.00 City Council CDWG Computer Equipment 1001-400-C02-4218 $ 600.00 City Council CDWG Computer Equipment 1001-400-C03-4218 $ 600.00 City Council CDWG Computer Equipment 1001-400-C04-4218 $ 600.00 City Council CDWG Computer Equipment 1001-400-C05-4218 $ 600.00 City Attorney CDWG Computer Equipment 1001-420-000-4336 $ 7,000.00 General Services CDWG Computer Equipment 1001-600-000-4249 $ 5,000.00 Community Improvement CDWG Computer Equipment 1001-670-000-4222 $ 5,000.00 Building & Safety CDWG Computer Equipment 1001-770-000-4249 $ 2,000.00 Total $ 32,000.00
City Manager Nestle Water Water Service 1001-510-000-4249 $ 1,500.00 City Clerk Nestle Water Water Service 1001-470-000-4249 $ 3,322.00 General Services Nestle Water Water Service 1001-600-000-4249 $ 5,000.00 Controller Nestle Water Water Service 1001-650-000-4249 $ 1,600.00 Comm Dev- Housing Nestle Water Water Service 2820-780-000-4218 $ 1,400.00 Human Resources Nestle Water Water Service 1001-620-000-4249 $ 900.00 Total $ 13,722.00
City Attorney Sparkletts/DS Water Service 1001-420-000-4249 $ 1,500.00 Community Improvement Sparkletts/DS Water Service 1001-670-000-4249 $ 5,000.00 Public Works Engineering Sparkletts/DS Water Service 3031-710-000-4210 $ 800.00 Building & Safety Sparkletts/DS Water Service 1001-770-000-4249 $ 2,100.00 City Treasurer Sparkletts/DS Water Service 1001-440-000-4249 $ 2,000.00 Public Works St Maintenance Sparkletts/DS Water Service 1001-720-000-4249 $ 3,000.00 Water Dept Sparkletts/DS Water Service 5000-900-000-4249 $ 1,500.00 Total $ 15,900.00
CITY OF COMPTON
SHARED VENDOR REQUEST
FY 2022-2023
DEPARTMENT/DIVISION VENDOR NAME DESCRIPTION ACCOUNT DETAIL AMOUNT City Manager FedEx Mail & Postage Service 1001-510-000-4215 $ 400.00 City Attorney FedEx Mail & Postage Service 1001-420-000-4249 $ 2,000.00 Fire Dept FedEx Mail & Postage Service 1001-690-000-4249 $ 300.00 Planning FedEx Mail & Postage Service 1001-780-000-4215 $ 300.00 Water Dept FedEx Mail & Postage Service 5000-900-000-4215 $ 250.00 Total $ 3,250.00
General Services Grainger Maint Supplies 1001-600-000-4236 $ 25,000.00 Community Improvement Grainger Maint Supplies 1001-670-000-4249 $ 5,000.00 Fire Department Grainger Maint Supplies 1001-690-000-4236 $ 1,000.00 Public Works St Maintenance Grainger Maint Supplies 1001-720-000-4249 $ 4,000.00 Water Dept Grainger Maint Supplies 5000-880-000-4235 $ 5,000.00 Total $ 40,000.00
City Manager Airline Ticket 4 Less Airline Tickets 1001-510-000-4270 $ 5,000.00 City Council Airline Ticket 4 Less Airline Tickets 1001-400-C01-4270 $ 800.00 City Council Airline Ticket 4 Less Airline Tickets 1001-400-C02-4270 $ 800.00 City Council Airline Ticket 4 Less Airline Tickets 1001-400-C03-4270 $ 800.00 City Council Airline Ticket 4 Less Airline Tickets 1001-400-C04-4270 $ 800.00 City Council Airline Ticket 4 Less Airline Tickets 1001-400-C05-4270 $ 800.00 Total $ 9,000.00
General Services Advance Fire Fire Extinguishers 1001-600-000-4262 $ 6,500.00 Fire Department Advance Fire Fire Extinguishers 1001-690-000-4236 $ 1,000.00 Total $ 7,500.00
Controller Mobile Mini Storage 1001-650-000-4249 $ 1,500.00 Community Improvement Mobile Mini Storage 1001-670-000-4269 $ 5,000.00 Successor Agency Mobile Mini Storage 1201-910-000-4221 $ 5,000.00 Total $ 11,500.00
Community Improvement Galls Uniforms/Equipment 1001-670-000-4249 $ 10,000.00 Comm Dev- Housing Galls Uniforms/Equpiment 2820-780-000-4218 $ 800.00 Total $ 10,800.00
General Services Waxie's Enterprises Custodial Supplies 1001-600-000-4239 $ 70,000.00 Fire Dept Waxie's Enterprises Custodial Supplies 1001-690-000-4239 $ 7,500.00 Total $ 77,500.00
Building & Safety OneSolution/CitizenServe Software 1001-770-000-4222 $ 12,000.00 Community Improvement OneSolution/CitizenServe Software 1001-670-000-4262 $ 33,500.00 City Attorney OneSolution/CitizenServe Software 1001-420-000-4222 $ 3,000.00 Planning OneSolution/CitizenServe Software 1001-780-000-4222 $ 3,000.00 City Manager OneSolution/CitizenServe Software 1001-510-000-4222 $ 1,500.00 Fire OneSolution/CitizenServe Software 1001-690-000-4222 $ 1,500.00 Public Works - Engineering OneSolution/CitizenServe Software 1001-710-000-4222 $ 1,500.00 Total $ 56,000.00
CITY OF COMPTON
SHARED VENDOR REQUEST
FY 2022-2023
DEPARTMENT/DIVISION VENDOR NAME DESCRIPTION ACCOUNT DETAIL AMOUNT Fire Dept Duthie Power Systems Maint & Repair Supply 1001-690-000-4236 $ 10,000.00 General Services Duthie Power Systems Maint & Repair Supply 1001-600-000-4236 $ 7,500.00 Total $ 17,500.00
Public Works St Maintenance Dunn Edwards Maint & Repair Supply 1520-720-0MR-4233 $ 2,000.00 General Services Dunn Edwards Maint & Repair Supply 1001-600-000-4236 $ 8,500.00 Total $ 10,500.00
Public Works St Maintenance West Lite Supply Maint & Repair Supply 1520-720-0MR-4233 $ 3,000.00 General Services West Lite Supply Maint & Repair Supply 1001-600-000-4236 $ 10,000.00 Total $ 13,000.00
Fire Dept Jankovich Fuel Fuel 1001-690-000-4229 $ 90,000.00 Public Works St Maintenance Jankovich Fuel Fuel 6000-720-000-4228 $ 300,000.00 Total $ 390,000.00
Public Works Street Maintenance UniFirst Uniforms Uniform Replacement 1001-720-PK0-4246 $ 16,000.00 Public Works Street Maintenance UniFirst Uniforms Uniform Replacement 1001-720-000-4246 $ 10,000.00 Public Works Street Maintenance UniFirst Uniforms Uniform Replacement 6000-720-000-4246 $ 1,600.00 Public Works Street Maintenance UniFirst Uniforms Uniform Replacement 5116-720-000-4246 $ 1,200.00 Total $ 28,800.00
Water Dept Cintas Uniform Rental 5000-880-000-4246 $ 15,000.00 General Services Cintas Custodial Supplies 1001-600-000-4239 $ 5,000.00 Total $ 20,000.00
General Services Commercial Pest Control Pest Control 1004-600-000-4269 $ 24,000.00 Public Works St Maintenance Commercial Pest Control Pest Control 1001-720-PK0-4269 $ 25,000.00 Total $ 49,000.00
General Services United Rentals Equipment Rental 1001-600-000-4236 $ 75,000.00 Public Works St Maintenance United Rentals Equipment Rental 1001-720-PK0-4249 $ 2,000.00 Public Works St Maintenance United Rentals Equipment Rental 2502-720-000-4221 $ 6,000.00 Total $ 83,000.00
Grand Total $ 1,017,727.00
July 26, 2022
TO: MAYOR AND COUNCILMEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON,
ACTING IN THE CAPACITY AS THE HOUSING SUCCESSOR TO THE
FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
COMPTON, AUTHORIZING THE CITY MANAGER TO ACCEPT LOAN
REPAYMENT FROM ALAMEDA COURT, LLC., AND RELEASING LIEN
RESTRICTIONS PLACED ON THE ALAMEDA COURT TOWNHOMES
LOCATED AT SOUTHWEST CORNER OF ALAMEDA BOULEVARD
AND MYRRH AVENUE
SUMMARY
Staff requests the City Council, acting in its capacity as the Housing Successor to the former Community Redevelopment Agency of the City of Compton, adopt the Resolution authorizing acceptance of loan repayment from Alameda Court, LLC., and releasing lien restrictions on the townhomes located at the Southwest Corner of Alameda Boulevard and Myrrh Avenue in the City of Compton.
BACKGROUND
In 2011, the former Community Redevelopment Agency (CRA) provided a loan in the amount of $2,300,000 to Christopher Lin (Developer) for the purpose of providing affordable housing for the homebuyers of the then newly constructed twenty-eight homes located at the Southwest Corner of Alameda Boulevard and Myrrh Avenue.
However, the dissolution of the former Community Redevelopment Agency in 2012 and subsequent elimination of the First Time Homebuyer Program precluded the Developer from utilizing the Agency loan to assist prospective homebuyers of the townhomes.
STATEMENT OF THE ISSUE
Despite the dissolution of the CRA, the Developer is still obligated to repay the Agency for the loan. In compliance with loan agreement, the Developer made a partial payment of $855,000.00 on the outstanding $2,300,000 loan in 2017. The partial payment resulted in the adjusted reduction of the loan balance to $1,445,000 (see attached Controller Audit Report).
Currently, the Developer has submitted a proposal to pay off the outstanding loan of $1,445,000.00 in a lump sum. Staff has reviewed the Developer’s repayment commitments and has concluded that the proposal offers several benefits to the City for
16.16.16.16.16. the following reasons. The loan repayment releases the Developer from the lien restrictions placed on the property and also enables the City to remove the Developer from the list of delinquent clients as cited in audit reports. Currently, the Developer is renting the townhomes. Loan repayment would restore the townhomes to ownership status. Furthermore, the loan proceeds could be used to assist current tenants in the subdivision to purchase their respective rental units as originally intended should the city reinstate the First Time Homebuyer Program.
FISCAL IMPACT
Adoption of this Resolution will not have negative fiscal impact on City’s budget. In contrast loan repayment will replenish $1,445,000 to the Low-Cost Housing Set-Aside funds under the control of the Housing Successor (1205-000-000-3966 Loan Repayment Account).
RECOMMENDATION
Staff recommends the Successor Agency adopt the attached Resolution authorizing the acceptance of loan repayment from Alameda Court Inc. and causing release of liens on the Alameda Court townhomes to facilitate sale of the homes to prospective homebuyers.
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON,
ACTING IN THE CAPACITY AS THE HOUSING SUCCESSOR TO THE
FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
COMPTON AUTHORIZING THE CITY MANAGER TO ACCEPT LOAN
REPAYMENT FROM ALAMEDA COURT, LLC., AND RELEASING LIEN
RESTRICTIONS PLACED ON THE ALAMEDA COURT TOWNHOMES
LOCATED AT SOUTHWEST CORNER OF ALAMEDA BOULEVARD
AND MYRRH AVENUE
WHEREAS, in 2011, the former Community Redevelopment Agency (CRA) of the City of Compton entered into Loan Agreement with Christopher Lin, President of Alameda Court, LLC. (Developer), dated as January 20, 2011, whereby the former Agency loaned the developer $2,300,000 for the purpose of subsidizing the sale of twenty-eight homes located at the Southwest Corner of Alameda and Myrrh Avenue; and
WHEREAS, the Agency loan is evidenced by a promissory note and secured by a subordinate deed of trust encumbering the property (Agency Deed of Trust).
Furthermore, the Agency Loan bears a zero-interest rate; and WHEREAS, the Developer was required to make loan repayment on a pro-rata basis to the Compton Housing Successor Capital Projects Fund following the sale of each of the townhome units; and
WHEREAS, the dissolution of the former Community Redevelopment Agency in 2012 and subsequent suspension of the first-time homebuyer’s program precluded Alameda Court Inc from utilizing the loan to assist first-time low-income homebuyers; and
WHEREAS, according to the most recent Financial Statement prepared by the City’s Independent Auditor (attached), the Developer made a partial payment of $855,000.00 of the outstanding loan of $2,300,000 City loan resulting in the adjusted current outstanding balance of $1,445,000: and
WHEREAS the developer has submitted a proposal to repay the outstanding loan balance of $1,445,000.00 to the Housing Successor to facilitate the sale of the homes; and
WHEREAS, repayment of the City loan would enable the Developer to return the townhome development from current use as rental housing to single-family homes to expand home ownership opportunities for prospective homebuyers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Council, upon the advice and approval of the City Attorney, is hereby authorized to accept repayment of the outstanding loan balance of $1,445,000.00 (1205-000-000-3966 Loan Repayment Account) and release lien restrictions placed on the sale of the Alameda Court Townhomes located at Southwest corner of Alameda and Myrrh Avenue.
Section 2.That the City hereby releases any lien restrictions placed on the Alameda Court Townhomes located at Southwest Corner of Alameda Boulevard and Myrrh Avenue.
Section 3.That proceeds of the loan repayment shall be deposited into the Compton Housing Successor Fund (1205-000-000-3966 Loan Repayment Account).
RESOLUTION NO. _______________
Section 4.That a certified copy of this resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, Successor Agency, and City Clerk.
Section 5. That the Mayor shall sign, and the Clerk shall attest to the adoption of this resolution.
ADOPTED this _____ day of ___________, 2022.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, do hereby certify that the foregoing resolution was adopted by the City Council, signed by the Mayor, and attested to by the City Clerk at a regular meeting thereof held on the _____ day of __________, 2022.
That said resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
___________________________________
CITY CLERK OF THE CITY OF COMPTON
FINANCIAL STATEMENTS
WITH INDEPENDENT AUDITOR'S REPORT
June 30, 2018
6Q
EAD I E + P AY N E
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CITY OF COMPTON, CALIFORNIA
NOTES TO THE FINANCIAL STATEMENTS
JUNE 30, 2018
C. Loan s Receivab le (continued )
Loan s to Com munit y Housing Development Organizat ion (CHDO) The City provides funds to the CHDO to boost construction of new homes in the City. These loans are non-interest bearing loans with repayment terms of 15 to 20 years based upon the loan amount. It is the City's policy to record an allowance for the full amount of the loan receivable given the long time frame and uncertainty of collection of these loans. The loans receivable balance was $1,857,676 netted against an allowance for doubtful accounts of $1 ,857,676 for a net loan receivable of the $- for the Federal Grants Special Revenue Fund as of June 30, 2018.
Loans to A lameda Court, LLC
To facilitate the sale of the Alameda Court Town Homes (Subject Property) to low and moderate income homebuyer, the City provided a non-interest bearing loan of $2,300,000 to a property redeveloper, Alameda Court, LLC (Redeveloper). The loan was secured by a subordinate deed of trust in the name of the former Agency encumbering 19 units of the Subject Property. Repayment of the loans shall be made to the Federal Grants Special Revenue Fund and Compton Housing Successor Capital Projects Fund by the Redeveloper on a pro-rata basis following the sale of each unit to a qualified low/moderate income buyer. A lump sum payment was due from the Developer on February 1, 2014, which was never paid by the Developer. The City recorded an allowance for the full amount of the $2,300,000 as of June 30, 2014. Since then the City collected $855,000 and has adjusted the allowance to $1,445,000 as of June 30, 2018.
Residential Rehabilitation Assistance Program
This program comprises the Fix-it Repair Grant, Emergency Assistance Grant and Deferred Equity Loan. The Fix-it Repair Grant provides up to $7,000 to assist low to moderate income owner occupied households with minor repairs in their homes.
No repayment or lien is required for this program as it is strictly a grant.
The Emergency Assistance Grant is designed to assist low income owner occupied households of single family homes within the City limits with extreme emergency repairs subject to a maximum of $10,000. The beneficiary is required to repay the grant to the City only upon the sale, refinance, transfer, and foreclosure of the property or the death or relocation of the home owner from the property.
-33-
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https://webimageviewer.bankofamerica.com/VirtualViewerJavaHTML5/resources/print.html 2127 /2018 July 26, 2022
TO: MAYOR AND CITY COUNCILMEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AMENDING THE PUBLIC WORKS ENGINEERING
DEPARTMENT 2022-2023 FISCAL YEAR BUDGET AND
AUTHORIZING THE CITY MANAGER TO AMEND THE
PROFESSIONAL SERVICES AGREEMENT WITH JOHN L.
HUNTER AND ASSOCIATES, INC. TO EXPAND THE SCOPE OF
SERVICES FOR THE NATIONAL POLLUTANT DISCHARGE
SYSTEM PROGRAM COMPLIANCE SERVICES AND PROVIDE
ADDITIONAL COMPENSATION ($399,774)
SUMMARY
Adoption of this resolution will amend the Public Works Engineering Department 2022-20223 Fiscal Year’s Budget and authorize the City Manager to enter into a third amendment (3rd) to the professional services agreement with John L. Hunter and Associates, Inc. to expand the scope of services to address additional National Pollutant Discharge Elimination System Program Compliance requirements (i.e. mandated monitoring activities) and authorize the establishment of a purchase order in the amount of $399,774 in compensation for the expanded scope of services.
BACKGROUND
As authorized by the Clean Water Act, the U.S. Environmental Protection Agency (“EPA”) administers the National Pollutant Discharge Elimination System (“NPDES”) permit program, which controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Point sources are conveyances such as drainage pipes or man-made channels, and ditches.
Individual homes that discharge storm water to a municipal street’s curb and gutter do not need a NPDES permit; however, industrial, municipal and other facilities must obtain permits if their discharge goes directly to receiving water systems such as municipal street’s curb and gutter, catch basin, storm drains, etc. In most cases, the NPDES permit program is administered by authorized states. In California, the State Regional Water Quality Control Board (“Regional Board”) establishes policies and regulations that help protect and restore water quality.
Compliance with NPDES permitting rules is multi-faceted and very time consuming. The Public Works Department (“Department”) does not have sufficient staff resources to perform all tasks required by the complex NPDES permit
17.17.17.17. Staff Report – Resolution Authorizing Amendment Professional Services Agreement/John L. Hunter and Associates, Inc.
Expand Scope of Services-Monitoring Services (FY 2022-23) July 26, 2022, Page 2 of 15
program. Thus, on September 17, 2019, pursuant to Resolution No. 25,120, the City Council authorized the City Manager to enter into a three (3) year, (i.e. July 1, 2019 through June 30, 2022) professional services agreement with two (2) one year options to extend, with John L. Hunter and Associates, Inc. (“Hunter”) for National Pollution Discharge Elimination System Compliance Program services in the total amount of $255,000.00 (i.e. $85,000 per fiscal year).
A monitoring program meeting the Regional Board requirements must be implemented and include samples collected at multiple locations at multiple intervals during both wet and dry weather. The monitoring portion of the NPDES compliance was not included in the scope of services under the original professional services agreement with Hunter. On April 14, 2020, pursuant to Resolution No. 25,238, City Council authorized the City Manager to amend the original professional service agreement (1 st Amendment) with Hunter to expand the scope of services to provide monitoring program services for Fiscal Year 2020- 2021 in compliance with the National Pollutant Discharge System Compliance Program standards and requirements at the additional costs of $292,024.50.
On September 7, 2021, pursuant to Resolution No. 25,546, City Council authorized the City Manager to amend the professional services agreement (2nd Amendment) with Hunter to expand the scope of services to provide monitoring program services for Fiscal Year 2021-2022 in compliance with the National Pollutant Discharge System Compliance Program standards and requirements at the additional cost of $342,300.
On April 13, 2022, Hunter, through and in conjunction with its sub-consultant, Alta Environmental dba NV5, submitted a proposal to provide the required Fiscal Year 2022-2023 monitoring services for the City’s compliance with National Discharge Elimination System requirements.
Scope of Work
The scope of services consists of providing knowledgeable personnel on a time and materials basis. John L. Hunter will lead Task 1 and the sub-consultant NV5 will lead Task 2 (Monitoring and Reporting). The following is a list of specific tasks:
Task Description
1. Program Assistance, Compliance Planning, and Reporting
1.1 Attend Various Meetings Represent the City’s Public Works Department at various NPDES-related
meetings including 1). The Los Angeles
Watershed Management Committees,
2). Los Angeles Region Water Quality
Staff Report – Resolution Authorizing Amendment
Professional Services Agreement/John L. Hunter and Associates, Inc.
Expand Scope of Services-Monitoring Services (FY 2022-23) July 26, 2022, Page 3 of 15
Task Description
Control Board, 3). Los Angeles
Gateway Authority, and 4). Other
applicable Committees and sub-
committees. Summary reports for
meetings will be prepared for immediate
viewing by the City. Any action items
required by the City as a result of the
meetings will be conveyed via email or
phone call as soon as possible.
1.2 Docs & Updates This task may include the preparation of meeting summaries, update/revisions
to Storm Water Management Program
forms and templates, and other as-
needed NPDES documentation. The
Project Manager will review and revise
documents and deliverables, as
needed, for content and accuracy.
JLHA will provide recommended
changes to City staff for approval.
Documents will be prepared for viewing
by the City.
1.3 Notice of Violation We have represented several of its clients in MS4 program audits,
responses to Notices of Violation, and
other NPDES issues. Assistance will
include developing responses and
compliance plans, and negotiating with
the Regional Board and/or Los Angeles
County.
1.4 Update and Submit the City’s MS4
Program
Update and submit the City’s MS4
program – the Watershed Management
Program, Integrated Monitoring
Program, or Stormwater Management
Program (i.e., the Minimum Control
Measures) – to the Regional Board for
approval. JLHA will assess and report
on the status of program compliance,
hold program update/development
meetings, prepare program
update/development and summary
reports, and correspond with municipal
staff and elected officials regarding
program updates. Comments and
Staff Report – Resolution Authorizing Amendment
Professional Services Agreement/John L. Hunter and Associates, Inc.
Expand Scope of Services-Monitoring Services (FY 2022-23) July 26, 2022, Page 4 of 15
Task Description
updates will be provided to the Regional
Board.
1.5 Negotiating the Next MS4 NPDES
Permit (s)
As needed: Hold program
update/development meetings, prepare
program update/development summary
reports, and prepare responses
received by the Regional Board. JLHA
will also correspond with municipal staff
and elected officials related to MS4
Permit developments.
1.6 Negotiating Reasonable TMDLs As needed: At the City’s request JLHA will prepare and submit requests for
TMDL time extensions, modified
compliance schedules, and alternative
compliance approaches. The Senior
Project Manager will discuss best
approaches with the City staff and will
serve as the main representative of the
City in interactions with Regional Board
staff.
1.7 Annual Report Provide information request forms
specific to applicable City staff. We will
review the completed forms with City
staff and incorporate comments into a
Draft Annual Report. We will update the
County’s WRAMPS.org database and
incorporate volumetric management
results into the Draft Annual Report.
Based on available data we will prepare
responses to program status and
assessment elements of the Draft
Annual Report. We will submit the
Individual Annual Report prior to the
final deadline. Note that the 2021 MS4
Permit requires semi-annual reporting.
Semi-annual reports are due June 15 th
and December 15th. NV5 will assist with
the monitoring element of the reports.
2. Monitoring
2.1 Monitoring and Reporting
Program
NV5 will provide monitoring services for
one (1) receiving water site in Compton
Creek, three (3) Municipal Separate
Storm Sewer System (MS4) outfalls,
Staff Report – Resolution Authorizing Amendment
Professional Services Agreement/John L. Hunter and Associates, Inc.
Expand Scope of Services-Monitoring Services (FY 2022-23) July 26, 2022, Page 5 of 15
Task Description
and continued monitoring services for
the Non-Stormwater Outfall-Based
Screening and Monitoring Program
requirements. NV5 will not include
services for the Dominguez Channel
Estuary Total Maximum Daily Load
(TMDL) monitoring site (DOM-RW-
DCE01) and the Los Angeles River
Mass Emission Site (S-10), which are
supported via cost sharing agreements
with the watershed groups.
NV5’s scope of work and cost
breakdown for this task is included in
Attachment A of the proposal. Their
standard rate schedule is incorporated
in the following section.
3. Control Programs
3.1 Planning and Land Development
Update of Guidelines and Procedures
for Development, Planning and
Construction Project
As needed: Assess the City’s MS4
NPDES Program and provide
recommended changes to City staff on
current construction LID/BMP
standards and SWPPP review
process/requirements, forms, and
templates for incorporation into the
Planning and Land Development and
Construction Programs. The
deliverables under this scope of
services will be prepared for viewing by
the City.
3.2 Industrial/Commercial Facilities
Tracking Update the industrial/commercial facility
inventory using available data sources.
Outreach Distribute outreach material and assist
facility operators as needed with
technical information. This includes
corresponding with Industrial NPDES
Permit “non-filers” regarding permit
enrollment.
Inspecting and Compliance Schedule and conduct BMP
inspections, prepare inspection reports,
follow-up, and issue enforcement. We
Staff Report – Resolution Authorizing Amendment
Professional Services Agreement/John L. Hunter and Associates, Inc.
Expand Scope of Services-Monitoring Services (FY 2022-23) July 26, 2022, Page 6 of 15
Task Description
assume that 462 facilities will require
inspection. Note the actual number of
facilities is uncertain at this time and will
be determined through completion of
the Tracking task. For egregious or
repeated cases of non-compliance,
enforcement notices can be prepared
following city ordinances. This includes
issuing violation notices to Industrial
NPDES Permit non-filers. If
noncompliance persist, we will work
with City enforcement staff to resolve
the issue.
3.3 Public Agency Activities and Training
Training Requirement JLHA will 1) Provide knowledgeable personnel to conduct the training at a
time suitable to staff, 2) Focus on
essential program elements, 3.
Emphasize the internal work flow
process and staff responsibilities,
4)Hold a Q&A, and 5) Provide slide
presentations, key program forms,
templates, and documentation. This
includes access to an online, self-
guided training site that stores training
documents. We can also provide in-
depth staff training on any component of
the MS4 NPDES program
Monitoring
The proposal also provides monitoring services as outlined in the Baseline Monitoring and Reporting Plan to meet the intent of Enclosure 2 of the Los Angeles Regional Water Quality Control Board’s (RWQCB) letter dated August 5, 2016.
The letter specifies the monitoring and reporting requirements of Attachment E of the NPDES Permit No. CAS004001: Order No. R4-2012-0175 (Former Permit).
The proposal has also been updated to include recent changes in accordance with Attachment E of the NPDES Permit No. CAS004004: Order No. R4-2021-0105 (Permit).
Additionally, this proposal provides monitoring services for one (1) receiving water site in Compton Creek, three (3) Municipal Separate Storm Sewer System (MS4) Staff Report – Resolution Authorizing Amendment
Professional Services Agreement/John L. Hunter and Associates, Inc.
Expand Scope of Services-Monitoring Services (FY 2022-23) July 26, 2022, Page 7 of 15
outfalls, and continued monitoring services for the Non-Stormwater Outfall-Based Screening and Monitoring Program requirements.
The expanded scope of services for monitoring will include the following:
Task 1 – Project Management and Coordination
NV5 will conduct the planning, preparation, and subcontractor scheduling required for the proposed monitoring and reporting services. This task will include coordination with the client and the City as-needed, and attendance at up to one (1) kick-off meeting and one (1) mid-term project meeting. This task will also be used to provide project updates, communications, and project invoicing.
Task 2 – Coordination, Permitting, Access Agreements with LADWP (1 Receiving Water Site (R1) and 3 MS4 Outfalls), and Updates to SAP/HASP NV5 will update necessary encroachment permits with Los Angeles County Flood Control (LACFD) for one (1) receiving water site in Compton Creek (R1) and three (3) MS4 Outfall sites in the City’s jurisdiction (FS1, FS2, and FS6). Additionally, Letter of No Objection (LNO) or no fee Section 408 Permit will be obtained from the Army Corps of Engineers (ACOE) for access to Outfall FS1. Other permits, although not anticipated, will be obtained from other jurisdictions as-needed (e.g., Railway right of ways or Caltrans). This task also includes any necessary updates to the site-specific Health and Safety Plan (HASP) and Sampling and Analysis Plan (SAP), which will be implemented during all proposed field activities. The SAP will define the final analyst list for the 2022-2023 Monitoring Season based on the 2021-2022 annual report assessment.
Task 3 – Equipment Installation, Maintenance, and Laboratory Coordination NV5 will procure equipment, obtain sample supplies, and coordinate with laboratories to ensure analytical procedures are well defined. Equipment will be installed and will include confined space entry as-needed, depending on the site access requirements. Flow meters, sample strainers, and sample tubing will be installed and maintained throughout the monitoring season. Site surveys (width, depth, roughness, and slope) will be performed at each location to define the flow meter parameter entries for ensuring accurate flow measurements. Autosamplers will be programmed accordingly for the sample pacing to ensure representative sample collection. All sampling equipment will be decontaminated prior to each sample event and stored bagged in clean enclosures prior to use.
Staff Report – Resolution Authorizing Amendment
Professional Services Agreement/John L. Hunter and Associates, Inc.
Expand Scope of Services-Monitoring Services (FY 2022-23) July 26, 2022, Page 8 of 15
Task 4a – Receiving Water Wet Weather Monitoring (3 Events x 1 site) NV5 will perform wet weather monitoring at one (1) receiving water site (R1) in Compton Creek during three monitoring events. NV5 will target sampling the first significant rain event of the 2022-2023 wet season with a predicted rainfall of at least 0.25 inch at a 70 percent probability of rainfall at the National Weather Service (NWS) Rain Gauge Station (CMGC1) at Compton Creek (33.88/-118.22) at least 24 hours prior to the event start time will be targeted. Two subsequent storm events that forecast sufficient rainfall and runoff to meet program objectives and site- specific study needs will also be targeted. Sample events will be planned to be conducted (when possible, though not required) during similar events as the City of Los Angeles Monitoring Program for data comparability with the Dominguez Channel and Los Angeles River Monitoring Programs. Sampling events will be preceded by a minimum of three days of dry weather (less than 0.1 inch of rain each day) at NWS CMGC1 prior to the forecasted event. Receiving water monitoring will begin as soon as possible after storm water outfall-based monitoring in order to be reflective of potential impacts from MS4 discharges.
Monitoring will include sample collection of a single grab sample using an autosampler pump and temporary tubing extended into the channel flow during or near the peak flow of the event (20% of base-flow conditions and during obvious storm flow influences). The R1 Monitoring Site is not amenable for installing a permanent station due to a soft channel bottom that is periodically maintained by LACFD. Samples will be collected and submitted to the laboratory under chain of custody and will be analyzed for the parameters listed in the Baseline Monitoring and Reporting Plan and as specified in the attached Analytical Cost Schedule (Table 3). Sample collection will include one duplicate and one blank sample per monitoring year for quality assurance procedures to represent the overall program.
Aquatic toxicity will be monitored twice per year during the first and second sample events using the test species H. Azteca which was determined to be the most sensitive test species during screening in accordance with section IX.H.3 of the 2021 Permit. Additional sample will be collected during same two sample events for Toxicity Identification Evaluation (TIEs) in the event the toxicity is observed that triggers the TIE threshold in the toxicity test sample (i.e., 50% effect) (total of two TIEs per wet season). This assumes that a TIE will be initiated and assumes it will be conclusive to indicate which pollutant class is likely causing toxicity and will be supported by chemistry data assessment. This task does not include contingency for labor for up to one false start. Additional false starts will be coordinated as- needed through a change order process.
Staff Report – Resolution Authorizing Amendment
Professional Services Agreement/John L. Hunter and Associates, Inc.
Expand Scope of Services-Monitoring Services (FY 2022-23) July 26, 2022, Page 9 of 15
Task 4b – Wet Weather Outfall Monitoring (3 Events x 3 sites) NV5 will perform monitoring at three (3) MS4 Outfall sites (FS1, FS2, and FS6) at the same time and following the same mobilization criteria as listed in Task 4a.
Monitoring will include sample collection using either time weighted sampling techniques in accordance with the Permit and SAP. Samples will be collected and submitted to the laboratory under chain of custody and will be analyzed for all required parameters listed in the Baseline Monitoring and Reporting Plan, and as specified in the attached Analytical Cost Schedule (Table 3). Sample collection will include one duplicate and one blank sample per monitoring year for quality assurance procedures for Hi Resolution Pesticides and PCBs for FS6. The QC duplicate for R1 in Task 4a will be used for FS1 and FS2. Additional sample will be collected at FS1 and FS2 during the second event for Toxicity Identification Evaluations (TIEs) in the event the toxicity is observed that triggers the TIE threshold in the receiving water toxicity test sample (i.e., 50% effect). Therefore, up to two toxicity tests using the test species H. Azteca would potentially be performed during the second wet event at the Outfalls FS1 and FS2, and one potential TIE has been budgeted in the event significant toxicity was identified at a given sample location. Additionally, based on the available of unused budget from the dry weather toxicity test (Task 4c), and assuming no TIEs were required, NV5 will coordinate with JLHA to determine the best use of funds for assessing TIE requirements within the available budget. This task does include contingency for labor for up to one false start. Additional false starts will be coordinated as-needed through a change order process.
Task 4c – RW Dry Weather Monitoring (2 Events x 1 sites) NV5 will perform dry weather monitoring at one (1) receiving water site (R1) in Compton Creek. One event will be conducted during a month with the historically lowest baseflow or during the historically driest month of 2022 in accordance with the Permit (or upon approval of access agreements with LADPW). The other monitoring event will occur in May 2022. Dry weather monitoring will occur when preceded by at least 7 days of dry weather with no measurable precipitation at the National Weather Service Rain Gauge Station (CMGC1) at Compton Creek (33.88/-118.22). Monitoring will include sample collection using either flow weighted or time weighted sampling techniques in accordance with the Permit.
Samples will be collected and submitted to the laboratory under chain of custody and will be analyzed for the parameters listed in the Baseline Monitoring and Reporting Plan, and as specified in the attached Analytical Cost Schedule (Table 3). Sample collection will include one duplicate and one blank sample per monitoring year for quality assurance procedures.
Staff Report – Resolution Authorizing Amendment
Professional Services Agreement/John L. Hunter and Associates, Inc.
Expand Scope of Services-Monitoring Services (FY 2022-23) July 26, 2022, Page 10 of 15
Aquatic toxicity will be monitored once per year, once during the month with the historically lowest flows (August). In accordance with the 2021 Permit, test species sensitivity is required to determine the most sensitive test species for future monitoring. NV5 has conducted the screening for weather during the 2021-2022 Season and determined H.zateca to be the most sensitive wet weather species.
However, only one dry weather test screening is scheduled for June 2022.
Therefore, an additional screening has been provided for the August 2022 dry weather event for P. promelas, C. dubia, H. Azteca, and C. dilutes to complete the required sensitivity testing. Additional sample will be collected during one event for Toxicity Identification Evaluation (TIE) in the event the toxicity is observed that triggers the TIE threshold in the toxicity test sample (i.e. 50% effect). However, based on toxicity test results from the first dry weather event in Fall 2021, no toxicity was observed at Site R1. Therefore, budget has been included for one TIE to be performed for the receiving water site R1 for one dry weather event. In the event that a TIE is not required (no significant toxicity), the remaining budget will be utilized for Task 4b TIEs as-needed.
Dry weather monitoring in May 2023 will also include one event for Benthic Macroinvertebrate Bioassessment in accordance with the Southern California Storm Water Monitoring Coalition (SMC) Regional Stream Bioassessment Program. Bioassessment is not recommended during the historically driest period (in August or September) as the SMC Bioassessment Program is aligned for taking representative and comparable samples in the spring or early summer.
Task 5 – Non-Stormwater Outfall Source Identification
The City is required to perform non-stormwater outfall screening and monitoring to meet the following objectives outlined in the Permit:
1. Develop criteria or other means to ensure that all outfalls with significant non-stormwater discharges are identified and assessed during the term of the Permit.
2. For outfalls determined to have significant non-stormwater flow, determine whether flows are the result of illicit discharges, authorized or conditionally exempt non-stormwater flows, natural flows, or from unknown sources.
3. Address illicit discharges in accordance with the IDDE Program (Part VIII.I of the Permit) for appropriate action.
4. Prioritize monitoring of outfalls considering the potential threat to the receiving water and applicable TMDL compliance schedules.
5. Based on existing screening or monitoring data or other institutional knowledge, assess the impact of non-stormwater discharges (other than identified illicit discharges) on the receiving water.
Staff Report – Resolution Authorizing Amendment
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Expand Scope of Services-Monitoring Services (FY 2022-23) July 26, 2022, Page 11 of 15
6. Conduct monitoring or other investigations to identify the source of pollutants in non-stormwater discharges, consistent with the IDDE Program.
7. Conduct monitoring or other investigations to identify the source of pollutants in non-stormwater discharges, consistent with the IDDE Program.
8. Use results of the screening process to evaluate the conditionally exempt non-stormwater discharges identified in Parts III.A.2 and III.A.3 of the Permit and take appropriate actions pursuant to Part III.A.5.c of the Permit for those discharges that have been found to be a source of pollutants.
9. Maximize the use of the City’s resources by integrating the screening and monitoring process into existing monitoring and/or screening efforts.
The City performed three (3) outfall screenings at major MS4 outfalls during the 2021-2022 monitoring year to identify significant non-stormwater outfalls.
Significant non-stormwater discharges are determined by one or more of the following characteristics:
1. Discharges from major outfalls subject to dry weather TMDLs.
2. Discharges that have caused or have the potential to cause overtopping of downstream diversions.
3. Discharges exceeding a threshold discharge rate as proposed by the City.
4. Discharges from areas where there is evidence of ongoing potential illegal dumping or illicit connections. This shall include evidence gathered from field observations and/or monitoring data.
5. Other characteristics as determined by the City and incorporated within the City’s screening program. If other characteristics are used, the City will provide a definition or a criterion for how a significant non-stormwater discharge will be determined. If the criterion is field measurements and/or water quality data, thresholds will be specified in the written procedures.
A total of two (2) significant non-stormwater outfalls were identified for source investigations during the 2021-2022 monitoring year screening and prioritization process. The City is required to conduct source investigations for outfalls identified to have significant non-stormwater discharge. The City is required to prioritize source investigations with consideration of dry weather TMDL compliance schedules, 303(d) listed waterbodies for dry weather constituents, dry weather receiving water monitoring data with recurring exceedances, geographic location, and other necessary factors.
During the 2022-2023 monitoring year, NV5 will conduct detailed upstream source investigations at two (2) significant non-stormwater outfalls to determine the sources (s) of significant non-stormwater discharge as outlined in the Permit:
Staff Report – Resolution Authorizing Amendment
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Expand Scope of Services-Monitoring Services (FY 2022-23) July 26, 2022, Page 12 of 15
1. If the source of a significant non-stormwater discharge is determined to be an illicit discharge, then the City will implement procedures to eliminate the discharge consistent with IDDE requirements.
2. If the source of a significant non-stormwater discharge is determined to be an NPDES permitted discharge, a discharge subject to a Record of Decision approved by U.S. EPA pursuant to section 121 of CERCLA, a conditionally exempt essential non-stormwater discharge, or entirely comprised of natural flows as defined at Part III.A.2 of the Permit, then the City will document the source.
3. If the source of a significant non-stormwater discharge is either unknown or a conditionally exempt, but non-essential, non-stormwater discharge, then the City will conduct monitoring required in Part VII.E of the Permit.
4. If the significant non-stormwater discharge is comprised of more than one source, then the City will attempt to quantify the relative contribution from each individual source or group of similar sources (e.g., irrigation overspray) and classify the contributions as authorized, conditionally exempt essential, natural, illicit discharge, conditionally exempt non- essential, or unknown.
5. If the source of a significant non-stormwater discharge is unknown, then the City will describe the efforts undertaken to identify the source.
Methods for identifying the source of non-stormwater discharge may include inspection and/or surveillance, discharge monitoring and data loggers, video or physical inspection, monitoring for indicator parameters (e.g., surfactants, chlorine, pyrethroids), or other means.
6. If a source of a significant non-stormwater discharge originates within an upstream jurisdiction, then the City will inform in writing both the
7. upstream jurisdiction and the Los Angeles Water Board within 30 days of determination of the presence of the discharge, all available characterization data, contribution determination efforts, and efforts taken to identify its source.
NV5 will provide with summary of the source investigation activities and findings.
Depending on the source (s) of the significant non-stormwater discharge at the two (2) significant non-stormwater outfalls, NV5 will provide recommendations for follow-up actions necessary to address the source (s) of the significant non- stormwater discharge according to the Permit requirements outlined above. The follow-up actions and any possible monitoring is not included in this proposal and will be conducted under a separate specific investigation scope of work (as- needed).
Staff Report – Resolution Authorizing Amendment
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Expand Scope of Services-Monitoring Services (FY 2022-23) July 26, 2022, Page 13 of 15
Task 6 – Analytical Data QA/QC, Data Tables, and CEDEN Formatting and Uploads
NV5 will review and finalize all flow data, prepare flow volume calculations, flow hydrographs and other appropriate information necessary for assessment. Once the data has been appropriately reviewed using quality assurance/quality control (QA/QC) procedures, event flow hydrographs from each wet weather sampling event and wet weather season hydrographs will be provided in both Excel and Adobe Acrobat format. Event rainfall summaries from each wet weather sampling event and wet weather season rainfall summaries will be provided in both Excel and Adobe Acrobat format.
Analytical data records (bookmarked PDF and EDD formats) will be generated by the laboratories and submitted to NV5 upon completion. NV5 will review, finalize, format, and submit all field and analytical data to JLHA.
Data verification will include a review for completeness and accuracy, review for outliers and omissions, and the use of performance criteria to identify laboratory quality control sample outliers. Data validation consists of accepting, rejecting, or applying qualifiers to data based on the QAPP, analytical method criteria, and professional judgement. Once the data has been appropriately reviewed and QA/QC performed, the results will be tabulated and reviewed for accuracy and completeness. Any qualified or missing results will be explained and noted.
NV5 will include the data from the required TMDL stations S10 and DOM-RW- DCE01 (via cost sharing agreements with the watershed groups).
Sample results and tables will be coordinated with JLHA and the City. Following approval, the results will be sent electronically per the Regional Board’s paperless office guidelines to [email protected]. The results will highlight exceedances of applicable WQBELs, receiving water limitations, action levels, or aquatic toxicity thresholds and include basic information regarding sampling dates, locations, or other pertinent documentation. Results will be transmitted using SMC Standardized Data Transfer Formats (SDTFs), which is equivalent to the California Data Exchange Network (CEDEN) format. The results will be provided to the Regional Board and uploaded directly to the CEDEN database.
In accordance with the 2021 Permit, results collected between January 1 through June 30 will be provided submitted by December 15 and results collected between July 1 through December 31 of the prior year will be submitted by June 15. NV5 will provide sufficient time for JLHA to review and comment on the draft report submittals prior to submitting the data to CEDEN.
Staff Report – Resolution Authorizing Amendment
Professional Services Agreement/John L. Hunter and Associates, Inc.
Expand Scope of Services-Monitoring Services (FY 2022-23) July 26, 2022, Page 14 of 15
Task 7 – Draft and Final Monitoring Report
NV5 will prepare a draft and final annual monitoring report. The draft report will be provided by August 30, 2022. The final report will be provided approximately two weeks after review by JLHA and the City (assuming two weeks for client review).
Comments will be addressed, and a final report will be provided via pdf (electronic delivery) by September 30, 2022.
STATEMENT OF ISSUE
The agreement with Hunter expired on June 30, 2022. Since the current consultant is familiar with the City’s needs in meeting the expansive requirements of the National Pollutant Discharge System Program and has satisfactorily performed the services, including the monitoring mandates of Fiscal Year 2020- 2021, staff recommends amending the existing agreement to authorize Hunter to assist the City in complying with the monitoring requirements for Fiscal Year 2022- 2023.
In order to authorize the City Manager to amend the professional services agreement to extend the terms and expand the scope of services with John L.
Hunter and Associates, Inc. to address additional National Pollutant Discharge System Program Compliance requirements and authorize the issuance of a purchase order in the amount of Three Hundred Ninety Nine Thousand Seven Hundred Seventy Four Dollars ($399,774) in compensation for the expanded scope of services, City Council authorization is necessary.
ALTERNATIVE
There are no other alternatives being recommended at this time. The City is required to comply with the provisions of the NPDES permit program.
FISCAL IMPACT
The Public Works Engineering Department’s 2022-2023 Fiscal Year budget shall be amended as follows:
From:
Account No.Description Amount
1529-000-000-2710 Measure M $399,774
Fund Balance
To:Account No.Description Amount
1529-710-000-4262 Other Professional Svc. $399,774
Staff Report – Resolution Authorizing Amendment
Professional Services Agreement/John L. Hunter and Associates, Inc.
Expand Scope of Services-Monitoring Services (FY 2022-23) July 26, 2022, Page 15 of 15
Funds in the amount of $399,774 will be available in the Public Works 2022-2023 Fiscal Year budget in Account No. 1529-710-000-4262.
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.
JOHN D. STRICKLAND, JR., PROJECT MANAGER
PUBLIC WORKS ENGINEERING DEPARTMENT
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS ENGINEERING DEPARTMENT 2022-
2023 FISCAL YEAR BUDGET AND AUTHORIZING THE CITY MANAGER
TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH JOHN
L. HUNTER AND ASSOCIATES, INC. TO EXPAND THE SCOPE OF
SERVICES FOR THE NATIONAL POLLUTANT DISCHARGE SYSTEM
PROGRAM COMPLIANCE SERVICES AND PROVIDE ADDITIONAL
COMPENSATION ($399,774)
WHEREAS,as authorized by the Clean Water Act, the U.S. Environmental Protection (“EPA”) administers the National Pollutant Discharge Elimination System (“NPDES”) permit program which controls water pollution by regulating point sources that discharge pollutants into waters of the United States and point sources are conveyances such as drainage pipes or man-made channels or ditches; and WHEREAS,individual homes that discharge storm water to a municipal street curb and gutter do not need a NPDES permit, however, industrial, municipal and other facilities must obtain permits if their discharges go directly to receiving water systems such as municipal street curb and gutter, catch basins, storm drains, and etc; and WHEREAS,in most cases, the NPDES permit program is administered by authorized states and in California, the State Regional Water Quality Control Board (“Regional Board”) establishes policies and regulations that help protect and restore water quality; and
WHEREAS,compliance with NPDES permitting rules is multi-faceted and very time consuming and the Public Works Engineering Department (“Department”) does not have sufficient staff resources to perform all task required by the complex NPDES permit program; thus, on September 17, 2019, pursuant to Resolution No. 25,120, the City Council authorized the City Manager to enter into a three (3) year (i.e. July 1, 2019 through June 30, 2022) professional service agreement with and establish a purchase order for John L. Hunter and Associates, Inc. (“Hunter”) with two (2) one year options to extend for the National Pollution Discharge Elimination System Compliance Program Services in the total amount of $255,000.00 (i.e. $85,000 per fiscal year); and WHEREAS,one of the critical components of the MS4 Permit is a monitoring program and in order to meet the Regional Board requirements must be implemented and include samples collected at multiple locations at multiple intervals during both wet and dry weather; and
WHEREAS, the monitoring portion of the NPDES compliance was not included in the scope of services under the original professional services agreement with Hunter; thus,on April 14, 2020, pursuant to Resolution No. 25,238, City Council authorized the City Manager to amend the original professional service agreement (1st Amendment) with Hunter to expand the scope of services to provide monitoring program services for Fiscal Year 2020-2021 in compliance with the National Pollutant Discharge System Compliance Program standards and requirements at the additional costs of $292,024.50; and WHEREAS,on September 7, 2021, pursuant to Resolution No. 25,546, City Council authorized the City Manager to amend the professional services agreement (2 nd Amendment) with Hunter to expand the scope of services to provide monitoring program services for Fiscal Year 2021-2022 in compliance with the National Pollutant Discharge System Compliance Program standards and requirements at the additional cost of $342,300; and
Resolution No. _______________
WHEREAS, on April 13, 2022, Hunter, through and in conjunction with its sub- consultant, Alta Environmental dba NV5, submitted a proposal to provide the required Fiscal Year 2022-2023 monitoring services for the City’s compliance with National Discharge Elimination System requirements. This proposal provides initial monitoring services for one (1) receiving water site in Compton Creek and three (3) Municipal Separate Storm Sewer System (MS4) outfalls to meet the intent of Regional Board’s requirements at a cost of $399,774; and
WHEREAS, the agreement with Hunter expires on June 30, 2022 and since the current consultant is familiar with the City’s needs in meeting the expansive requirements of the National Pollutant Discharge System Program and has satisfactorily performed the services, including the monitoring mandates of Fiscal Year 2021-2022, staff recommends amending and extending the existing agreement to authorize Hunter to assist the City in complying with the monitoring requirements for Fiscal Year 2022-2023 and further authorize additional compensation in the amount of $399,774.00 for provision of the additional services; and
WHEREAS,funds for this expenditure will be available in the Public Works Engineering Department’s 2022-2023 Fiscal Year budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.That the City Manager, upon advice and approval of the City Attorney is hereby authorized to enter into a third (3 rd) amendment to the Professional Services Agreement with John L. Hunter and Associates, Inc. to extend the terms and expand the scope of services to provide comprehensive monitoring program services in compliance with National Pollutant Discharge System Compliance Program standards and requirements at a cost of $399,774.00.
SECTION 2.That the Public Works Engineering Department’s 2022-2023 Fiscal Year budget shall be amended as follows:
From:
Account No.Description Amount
1529-000-000-2710 Measure M $399,774
Fund Balance
To:Account No.Description Amount
1529-710-000-4262 Other Professional Svc. $399,774
SECTION 3.That funds in the amount of $399,774 will be available in the Public Works Department Fiscal Year 2022-2023 budget in Account No. 1529-710-000-4262 to include the additional compensation authorized herein.
SECTION 4.That a purchase order in the amount of $399,774 is authorized to be established for John L. Hunter and Associates, Inc. for the expanded services to be rendered.
SECTION 5.That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Public Works Engineering Department.
SECTION 6.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
Resolution No. _______________
ADOPTED this ____________ day of _____________, 2022.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk, at a regular meeting thereof, held on the ___________ day of _______________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERS-
NOES: COUNCILMEMBERS-
ABSTAIN: COUNCILMEMBERS-
ABSENT: COUNCILMEMBERS-
_____________________________________
CITY CLERK OF THE CITY OF COMPTON
THIRD AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF COMPTON
AND
JOHN L. HUNTER AND ASSOCIATES
[NPDES PERMIT PROGRAM]
This THIRD AMENDMENT to the Professional Services Agreement is made by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) and JOHN L. HUNTER AND ASSOCIATES (hereinafter referred to as “CONSULTANT”).
RECITALS:
WHEREAS, the National Pollutant Discharge Elimination System (“NPDES”) is a nation-wide program authorized by the Clean Water Act to eliminate pollutants in the storm water, thereby reducing pollution in receiving waters; and
WHEREAS, the NPDES program requires that municipalities must obtain a permit if their discharges go directly to receiving water systems; and
WHEREAS, compliance with NPDES permitting rules is multi-faceted and very time consuming and the City’s Public Works Department does not have sufficient staff resources to perform all tasks required by the complex NPDES permit program; thus, on September 17, 2019, pursuant to Resolution No. 25,120, the City Council authorized the City Manager to enter into a three (3) year (i.e. July 1, 2019 through June 30, 2022) Professional Services Agreement with and establish a purchase order for John L.
Hunter and Associates, Inc. (“Hunter”) and two (2) one year options to renew for National Pollution Discharge Elimination System Compliance Program services in the total amount of $255,000.00 (i.e. $85,000 per fiscal year); and
WHEREAS, subsequent to entering into the contractual relationship with Consultant, it was brought to the attention of the City that one of the critical components of the MS4 Permit is having a comprehensive monitoring program which meets the State Regional Water Quality Control Board’s requirements; however, the monitoring portion of the NPDES compliance was not included in the scope of services under the original professional services agreement with the Consultant; thus, on April 14, 2020, pursuant to Resolution No. 25,238, the City Council authorized the City Manager to amend the original professional service agreement (1 st Amendment) with Hunter to expand the scope of services to provide monitoring program services for Fiscal Year 2020-2021 in compliance with the National Pollutant Discharge System Compliance Program standards and requirements at the additional costs of $292,024.50; and
WHEREAS, on September 7, 2021, pursuant to Resolution No. 25,546, City Council authorized the City Manager to amend the professional services agreement (2 nd Amendment) with Hunter to expand the scope of services to provide monitoring program services for Fiscal Year 2021-2022 in compliance with the National Pollutant Discharge System Compliance Program standards and requirements at the additional cost of $342,300.
WHEREAS, On April 13, 2022, Hunter, through and in conjunction with its sub-consultant, Alta Environmental dba NV5, submitted a proposal to provide the required Fiscal Year 2022-2023 monitoring services for the City’s compliance with National Discharge Elimination System requirements; and WHEREAS, there is a need to amend the professional services agreement with the Consultant to revise the scope of services to provide for implementation of the additional services required by the NPDES monitoring requirements of the permit and provide for additional compensation for such services to be rendered; and
3rd Amendment to Professional Services Agreement – John L. Hunter & Associates NPDES Permit Compliance Services (July 1, 2022 – June 30, 2023) Public Works/Resolution No.______
WHEREAS, by Resolution No. _______, adopted on the ____ of June 2022, the City Council authorized the City Manager to enter into a third (3rd) amendment to the professional services agreement with the Consultant to extend the terms and expand the scope of services to provide comprehensive monitoring program services in compliance with National Pollutant Discharge System Compliance Program standards and requirements at the additional costs of $399,774.00.
NOW, THEREFORE, the Parties do hereby mutually agree to amend the Agreement as follows:
AMENDMENTS:
1.The parties agree to amend Section 1 – Services to be rendered by Consultant of the original Agreement to expand the scope of services to be rendered by the Consultant to include the following tasks and deliverables during Fiscal Year 2022-2023:
Task 1 – Project Management and Coordination
Task 2 – Coordination, Permitting, Access agreements with LADWP (1 Receiving Water Site (R1) and 3 MS4 Outfalls), and Updates to SAP/HASP
Task 3 – Equipment Installation, Maintenance, and Laboratory Coordination Task 4a – Receiving Water Wet Weather Monitoring (3 Events x 1 site) Task 4b – Wet Weather Outfall Monitoring (3 Events x 3 sites) Task 4c – RW Dry Weather Monitoring (2 Events x 1 sites) Task 5 – Non-Stormwater Outfall Source Identification
Task 6 – Analytical Data QA/QC, Data Tables, and CEDEN Formatting and Uploads Task 7 – Draft and Final Monitoring Report
As more fully described in the Consultant’s (Sub-Consultant Alta Environmental’s dba NV5) “Proposal for City of Compton NPDES Monitoring and Reporting for the 2022-2023 Monitoring Year”, dated April 13, 2022, which is attached hereto and incorporated herein.
2.The parties agree to amend Section 3 – Compensation of the original Agreement to provide additional compensation to Consultant for the expanded scope of services to be provided, as specified above in Section 1, in the not-to-exceed amount of Three Hundred Ninety Nine Thousand Seven Hundred Seventy Four Dollars ($399,774.00).
3.Except as provided for above, all other terms and conditions of the original Agreement and any amendments thereto between the City and the Contractor all remain in effect.
IN WITNESS WHEREOF, the authorized representatives of the Parties have executed this THIRD AMENDMENT to the above-identified PROFESSIONAL SERVICES AGREEMENT.
JOHN L. HUNTER AND ASSOCIATES
CONSULTANT
Dated: _______________ By ___________________________________________ John L. Hunter, President
3rd Amendment to Professional Services Agreement – John L. Hunter & Associates NPDES Permit Compliance Services (July 1, 2022 – June 30, 2023) Public Works/Resolution No.______
Approved by:
Dated: _______________ By ___________________________________________ Thomas Thomas, City Manager
Approved as to form:
By _________________________________ Dated: ______________ Eric J. Perrodin, City Attorney
ATTEST:
Dated: _______________ By ___________________________________________ Alita Godwin, City Clerk
1 April 13, 2022
Michael L. Antwine
City of Compton
205 S Willowbrook Ave
Compton, CA 90220
Subject: Proposal for Assistance with the MS4 NPDES Program
Michael L. Antwine:
John L. Hunter and Associates (JLHA) and our subcontractor team NV5 welcome the opp ortunity to continue providing MS4 NPDES Program consultant services to the City of Compton.
Scope of Work
The scope of services consists of providing knowledgeable personnel on a time and materials basis. NV5 will lead Task 2 (Monitoring and Reporting). The following is a list of specific tasks:
Task Description
1 Program Assistance, Compliance Planning, and Reporting
1.1 Attend various
meetings
Represent the City’s PW Dept at various NPDES-related meetings including 1) the Los Angeles Watershed Management Committees, 2) Los Angeles Region Water Quality Control Board, 3) L.A. Gateway Region Authority, and 4) other applicable Committees and sub-committees. Summary reports for meetings will be prepared for immediate viewing by the City. Any action items required by the City as a result of the meetings will be conveyed via email or phone call as soon as possible.
1.2 Docs & Updates
This task may include the preparation of meeting summaries, updates/revisions to Storm Water Management Program forms and templates, and other as -needed NPDES documentation. The Project Manager will review and revise documents and deliverables, as needed, for content and accuracy. JLHA will provide recommended changes to City staff for approval. Documents will be prepared for viewing by the City.
1.3 Notice of Violation
We have represented several of its clients in MS4 program audits, responses to Notices of Violation, and other NPDES issues. Assistance will include developing responses and compliance plans, and negotiating with the Regional Board and/or LA County.
1.4 Update and Submit
the City’s MS4 Program
Update and submit the City’s MS4 program —the Watershed Management Program, Integrated Monitoring Program, or Stormwater Management Program (i.e., the Minimum Control Measures)—to the Regional Board for approval. JLHA will assess and report on the stat us of program compliance, hold program update/development meetings, prepare program update/development and summary reports, and correspond with municipal staff and elected officials regarding program updates. Comments and updates will be provided to the Regional Board.
1.5 Negotiating the
Next MS4 NPDES
Permit(s)
As needed: Hold program update/development meetings, prepare program update/development and summary reports, and prepare responses received by the Regional Board. JLHA will also correspond with mu nicipal staff and elected officials related to MS4 Permit developments.
2 1.6 Negotiating
Reasonable TMDLs
As needed: At the City’s request JLHA will prepare and submit requests for TMDL time extensions, modified compliance schedules, and alternative compli ance approaches. The Senior Project Manager will discuss best approaches with the City staff and will serve as the main representative of the City in interactions with Regional Board staff.
1.7 Annual Report
Provide information request forms specific to applicable City staff. We will review the completed forms with City staff and incorporate comments into a Draft Annual Report. We will update the County’s WRAMPS.ORG database and incorporate volumetric management results into the Draft Annual Report. Based on available data we will prepare responses to program status and assessment elements of the Draft Annual Report. We will submit the Individual Annual Report prior to the final deadline. Note that the 2021 MS4 Permit requires semi -annual reporting. Semi- annual reports are due June 15th and December 15th. NV5 will assist with the monitoring element of the reports.
2 Monitoring
2.1 Monitoring and
Reporting Program
NV5 will provide monitoring services for one (1) receiving water site in Compton Creek, three (3) Municipal Separate Storm Sewer System (MS4) outfalls, and continued monitoring services for the Non -Stormwater Outfall-Based Screening and Monitoring Program requirements. NV5 will not include services for the Dominquez Channel Estuary Total Maxi mum Daily Load (TMDL) monitoring site (DOM-RW-DCE01) and the Los Angeles River Mass Emission Site (S-10), which are supported via cost sharing agreements with the watershed groups.
NV5’s scope of work and cost breakdown for this task is included in Attachment A of the proposal. Their standard rate schedule is incorporated in the following section.
3 Control Programs
3.1 Planning and Land Development
Update of Guidelines
and Procedures for
Development, Planning
and Construction
Project
As needed: Assess the City’s MS4 NPDES Program and provide recommended changes to City staff on current construction LID/BMP standards and SWPPP review process/requirements, forms, and templates for incorporation into the Planning and Land Development and Construction Programs. The deliverables under this scope of services will be prepared for viewing by the City.
3.2 Industrial/Commercial Facilities
Tracking Update the industrial/commercial facility inventory using available data sources.
Outreach
Distribute outreach material and assist facility operators as needed with technical information. This includes corresponding with Industrial NPDES Permit “non-filers” regarding permit enrollment.
Inspecting and
Compliance
Schedule and conduct BMP inspections, prepare inspection reports, follow -up, and issue enforcement. We assume that 462 facilities will require inspection. Note the actual number of facilities is uncertain at this time and will be determined through completion of the Tracking task. For egregious or repeated cases of non- compliance, enforcement notices can be prepared following city ordinances. This includes issuing violation notices to Industrial NPDES Permit non -filers. If noncompliance persists, we will work with City enforcement staff to resolve the issue.
3.3 Public Agency Activities and Training
Training Requirement
JLHA will 1) provide knowledgeable personnel to the conduct the training at a time suitable to staff, 2) focus on essential program elements, 3) emphasize the internal work flow process and staff responsibilities, 4) hold a Q&A, and 5) provide slide presentations, key program forms, templates, and documentation. This includes
3 access to an online, self -guided training site that stores training documents. We can also provide in -depth staff training on any component of the MS4 NPDES program.
Schedule
The timeframe of this proposal is from July 1, 2022, to June 30, 2023. (The actual number of inspections may change after the completion of the Tracking task. If this occurs, we will inform the City and will not proceed with additional inspections without authorization from the City.)
Project Team
The following lists the key personnel for this project and their typical project roles.
Program Title Team Member Information
Project Manager
Name Michelle Staffield, PE, MSE, CPSWQ, QSD
Roles Point of contact, manages services implementation and budget Programs Manager
Name Cameron McCullough, MS, CPSWQ, QSD/P, IGP ToR
Roles Point of contact, provides technical oversight of NPDES program Assistant Project Manager
Name Hugo Garcia, CPSWQ, CESSWI, QSD/P
Roles QA/QCs reports, and assists PMs
Senior Inspector
Name Chris Smith, CESSWI, QSP, QISP
Roles Field compliance inspections
Inspector
Name Brandon LaBeet
Roles Field compliance inspections
Inspector
Name Erick Barrales
Roles Field compliance inspections
Senior Project Manager
Name Garth Engelhorn, CPSWQ, QISP/ToR (Subcontractor: NV5) Roles Project delivery for Monitoring &Reporting Program Principal-In-Charge
Name David Renfrew, CPSWQ, QISP/ToR, QSD/P, PMP (Subcontractor: NV5) Roles Project delivery for Monitoring &Reporting Program
Cost
Our rate schedule and estimated costs are on the following page. Thank you again for the opportunity to offer our services. If you have any questions, you can reach me at [email protected] or 562.726.4259.
Sincerely,
Cameron McCullough, Director
4 JLHA Standard Rate Schedule
Principal $195 / hour
Director $175 / hour
Program Manager $175 / hour
Staff Engineer $175 / hour
Project Manager $165 / hour
Assistant Project Manager $155 / hour
Project Engineer $155 / hour
Compliance Specialist II $125 / hour
Project Analyst II $125 / hour
Compliance Specialist I $115 / hour
Project Analyst I $115 / hour
Administrative Assistant, Laborer (OSHA 40hr certified) $75 / hour Inspection – Combined CBR/FOG or NPDES/FOG $150 / unit Inspection – FOG only $125 / unit
Inspection – Industrial/commercial facility $125 / unit State Certified Laboratory Analysis Cost + 5%
Legal Consultation, Court Appearances/Document review, etc. $250 / hour Subcontracted equipment Cost + 5%
This rate schedule is subject to consumer price index (CPI) increases in subsequent years.
5 NV5 Standard Rate Schedule
Senior Principal $225 / hour
Principal $215 / hour
Senior III $190 / hour
Senior II $180 / hour
Senior I $170 / hour
Staff III $160 / hour
Staff II $155 / hour
Staff I $145 / hour
Associate III $130 / hour
Associate II $120 / hour
Associate I $115 / unit
Specialist III $90 / hour
Specialist II $85 / hour
Specialist I $70 / hour
Financial Analyst II $77 / hour
Administrative I $51 / hour
6 Estimated Costs
This project will be on a time and materials basis. We will not exceed the budgetary amount without the City’s prior authorization. If during implementation of our services, changes in our initial scope estimates result in a potential exceedance of the total cost estimate, we will inform the City as soon as possible.
Estimated Annual Not-to-Exceed-Costs
Task name 2022-2023
Cost* Totals
1 Program Assistance, Compliance Planning, and Reporting $40,000
1.1 Attend various meetings $10,000
1.2 Docs & Updates $5,000
1.3 Notice of Violation $5,000
1.4 Update and submit the City's MS4 program $5,000
1.5 Negotiating the Next MS4 NPDES Permit(s) $5,000
1.6 Negotiating Reasonable TMDLs $5,000
1.7 Annual Report $5,000
2 Monitoring $292,024
2.1 Monitoring and Reporting Program $292,024
3 Control Programs $67,750
3.1 Planning and Land Development $5,000
3.2 Industrial Commercial Facilities $57,750
3.3 Public Agency Activities and Training $5,000
Total Not to Exceed* $399,774
*This cost is subject to 3% consumer price index (CPI) increases in subsequent years
7 Attachment A
NV5 Proposal
NV5
3777 Long Beach Boulevard Annex Building Long Beach CA 90807 United States of America T (562) 495 5777 F (562) 495 5877 Toll-free (US only) (800) 777-0605 NV5.com
March 29, 2022
Mr. John L. Hunter, PE
John L. Hunter and Associates, Inc.
6131 Orangethorpe Avenue, Suite 300
Buena Park, California 90620
Re: Proposal for City of Compton NPDES Monitoring and Reporting for the 2022-2023 Monitoring Year
Dear Mr. Hunter:
Alta Environmental, LP DBA NV5 (NV5) is pleased to submit this cost proposal to John L. Hunter and Associates, Inc. (JLHA) to provide monitoring services for the City of Compton’s (City) compliance with National Pollutant Discharge Elimination System (NPDES) requirements. This proposal provides monitoring services as outlined in the Baseline Monitoring and Reporting Plan to meet the intent of Enclosure 2 of the Los Angeles Regional Water Quality Control Board’s (RWQCB) letter dated August 5, 2016 . The letter specifies the monitoring and reporting requirements of Attachment E of the NPDES Permit No.
CAS004001: Order No. R4-2012-0175 (Former Permit). The proposal has also been updated to include recent changes in accordance with Attachment E of the NPDES Permit No. CAS004004: Order No. R4- 2021-0105 (Permit)
This proposal provides monitoring services for one (1) receiving water site in Compton Creek, three (3) Municipal Separate Storm Sewer System (MS4) outfalls, and continued monitoring services for the Non- Stormwater Outfall-Based Screening and Monitoring Program requirements.
This proposal does not include services for the Dominquez Channel Estuary Total Maximum Daily Load (TMDL) monitoring site (DOM-RW-DCE01) and the Los Angeles River Mass Emission Site (S-10), which are supported via cost sharing agreements with the watershed groups. 1 SCOPE OF WORK
Task 1 – Project Management and Coordination
NV5 will conduct the planning, preparation, and subcontractor scheduling required for the proposed monitoring and reporting services. This task will include coordination with the client and the City as- needed, and attendance at up to one (1) kickoff meeting and one (1) mid-term project meeting. This task will also be used to provide project updates, communications, and project invoicing.
Task 2 –Coordination, Permitting, Access agreements with LADPW (1 Receiving Water Site (R1) and 3 MS4 Outfalls), and Updates to SAP/HASP NV5 will update necessary encroachment permits with Los Angeles County Flood Control (LACFD) for one (1) receiving water site in Compton Creek (R1) and three (3) MS4 Outfall sites in the City’s jurisdiction
NV5
JLHA-22-10887-Compton NPDES Monitoring & Reporting
March 29, 2022
2 (FS1, FS2, and FS6). Additionally, Letter of No Objection (LNO) or no fee Section 408 Permit will be obtained from the Army Corps of Engineers (ACOE) for access to Outfall FS1. Other permits, although not anticipated, will be obtained from other jurisdictions as-needed (e.g., Railway right of ways or Caltrans).
This task also includes any necessary updates to the site-specific health and safety plan (HASP) and Sampling and Analysis Plan (SAP), which will be implemented during all proposed field activities. The SAP will define the final analyte list for the 2022-2023 Monitoring Season based on the 2021-2022 annual report assessment.
Task 3 – Equipment Installation, Maintenance, and Laboratory Coordination NV5 will procure equipment, obtain sample supplies, and coordinate with laboratories to ensure analytical procedures are well defined. Equipment will be installed and will include confined space entry as-needed, depending on the site access requirements. Flow meters, sample strainers, and sample tubing will be installed and maintained throughout the monitoring season. Site surveys (width, depth, roughness, and slope) will be performed at each location to define the flow meter parameter entries for ensuring accurate flow measurements. Autosamplers will be programmed accordingly for the sample pacing to ensure representative sample collection. All sampling equipment will be decontaminated prior to each sample event and stored bagged in clean enclosures prior to use.
Task 4a – Receiving Water Wet Weather Monitoring (3 Events x 1 sites) NV5 will perform wet weather monitoring at one (1) receiving water site (R1) in Compton Creek during three monitoring events. NV5 will target sampling the first significant rain event of the 2022-2023 wet season with a predicted rainfall of at least 0.25 inch at a 70 percent probability of rainfall at the National Weather Service (NWS) Rain Gauge Station (CMGC1) at Compton Creek (33.88/-118.22) at least 24 hours prior to the event start time will be targeted. Two subsequent storm events that forecast sufficient rainfall and runoff to meet program objectives and site-specific study needs will also be targeted. Sample events will be planned to be conducted (when possible, though not required) during similar events as the City of Los Angeles Monitoring Program for data comparability with the Dominguez Channel and Los Angeles River Monitoring Programs. Sampling events will be preceded by a minimum of three days of dry weather (less than 0.1 inch of rain each day) at NWS CMGC1 prior to the forecasted event. Receiving water monitoring will begin as soon as possible after storm water outfall-based monitoring in order to be reflective of potential impacts from MS4 discharges.”
Monitoring will include sample collection of a single grab sample using an autosampler pump and temporary tubing extended into the channel flow during or near the peak flow of the event (>20% of base - flow conditions and during obvious storm flow influences). The R1 Monitoring Site is not amenable for installing a permanent station due to a soft channel bottom that is periodically maintained by LACFD .
Samples will be collected and submitted to the laboratory under chain of custody and will be analyzed for the parameters listed in the Baseline Monitoring and Reporting Plan and as specified in the attached Analytical Cost Schedule (Table 3). Sample collection will include one duplicate and one blank sample per monitoring year for quality assurance procedures to represent the overall program. Aquatic toxicity will be monitored twice per year during the first and second sample events using the test species H. Azteca which was determined to be the most sensitive test species during screening in accordance with section IX.H.3 of the 2021 Permit. Additional sample will be collected during same two sample events for Toxicity Identification Evaluations (TIEs) in the event the toxicity is observed that triggers the TIE threshold in the toxicity test sample (i.e., ≥ 50% effect) (total of two TIEs per wet season). This assumes that a TIE will be
NV5
JLHA-22-10887-Compton NPDES Monitoring & Reporting
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3 initiated and assumes it will be conclusive to indicate which pollutant class is likely cau sing toxicity and will be supported by chemistry data assessment. This task does include contingency for labor for up to one false start. Additional false starts will be coordinated as-needed through a change order process.
Task 4b – Wet Weather Outfall Monitoring (3 Events x 3 sites) NV5 will perform monitoring at three (3) MS4 Outfall sites (FS1, FS2, and FS6) at the same time and following the same mobilization criteria as listed in Task 4a. Monitoring will include sample collection using either time weighted sampling techniques in accordance with the Permit and SAP. Samples will be collected and submitted to the laboratory under chain of custody and will be an alyzed for all required parameters listed in the Baseline Monitoring and Reporting Plan, and as specified in the attached Analytical Cost Schedule (Table 3). Sample collection will include one duplicate and one blank sample per monitoring year for quality assurance procedures for Hi Resolution Pesticides and PCBs for FS6. The QC duplicate for R1 in Task 4a will be used for FS1 and FS2. Additional sample will be collected at FS1 and FS2 during the second event for Toxicity Identification Evaluations (TIEs) in the event the toxicity is observed that triggers the TIE threshold in the receiving water toxicity test sample (i.e., ≥ 50% effect).
Therefore, up to two toxicity tests using the test species H. Azteca would potentially be performed during the second wet event at the Outfalls FS1 and FS2, and one potential TIE has been budgeted in the event significant toxicity was identified at a given sample location. Additionally, based on the available of unused budget from the dry weather toxicity testing (Task 4c), and assuming no TIEs were required, NV5 will coordinate with JLHA to determine the best use of funds for assessing TIE requirements within the available budget. This task does include contingency for labor for up to one false start. Additional false starts will be coordinated as-needed through a change order process.
Task 4c – RW Dry Weather Monitoring (2 Events x 1 sites) NV5 will perform dry weather monitoring at one (1) receiving water site (R1) in Compton Creek. One event will be conducted during a month with the historically lowest baseflow or during the historically driest month of 2022 in accordance with the Permit (or upon approval of access agreements with LADPW). The other monitoring event will occur in May 2022. Dry weather monitoring will occur when preceded by at least 7 days of dry weather with no measurable precipitation at the National Weather Service Rain Gauge Station (CMGC1) at Compton Creek (33.88/-118.22). Monitoring will include sample collection using either flow weighted or time weighted sampling techniques in accordance with the Permit. Samples will be collected and submitted to the laboratory under chain of custody and will be analyzed for the parameters listed in the Baseline Monitoring and Reporting Plan, and as specified in the attached Analytical Cost Schedule (Table 3). Sample collection will include one duplicate and one blank sample per monitoring year for quality assurance procedures.
Aquatic toxicity will be monitored once per year, once during the month with the historically lowest flows (August). In accordance with the 2021 Permit, test species sensitivity is required to determine the most sensitive test species for future monitoring. NV5 has conducted the screening for wet weather during the 2021-2022 Season and determined H.azteca to be the most sensitive wet weather species. However, only one dry weather test screening is scheduled for June 2022. Therefore an additional screening has been provided for the August 2022 dry weather event for P. promelas, C. dubia, H. Azteca, and C. dilutus to complete the required sensitivity testing. Additional sample will be collected during the one event for
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4 Toxicity Identification Evaluation (TIE) in the event the toxicity is observed that triggers the TIE threshold in the toxicity test sample (i.e., ≥ 50% effect). However, based on toxicity test results from the first dry weather event Fall 2021, no toxicity was observed at Site R1. Therefore, budget has been included for one TIE to be performed for the receiving water site R1 for one dry weather event. In the event that a TIE is not required (no significant toxicity), the remining budget will be utilized for Task 4b TIEs as -needed.
Dry weather monitoring in May 2023 will also include one event for Benthic Macroinvertebrate Bioassessment in accordance with the Southern California Storm Water Monitoring Coalition (SMC) Regional Stream Bioassessment Program. Bioassessment is not recommended during the historically driest period (in August or September) as the SMC Bioassessment Program is aligned for taking representative and comparable samples in the spring or early summer.
Task 5 – Non-Stormwater Outfall Source Identification
The City is required to perform non-stormwater outfall screening and monitoring to meet the following objectives outlined in the Permit:
1. Develop criteria or other means to ensure that all outfalls with significant non-stormwater discharges are identified and assessed during the term of the Permit.
2. For outfalls determined to have significant non-stormwater flow, determine whether flows are the result of illicit discharges, authorized or conditionally exempt non-stormwater flows, natural flows, or from unknown sources.
3. Address illicit discharges in accordance with the IDDE Program (Part VIII.I of the Permit) for appropriate action.
4. Prioritize monitoring of outfalls considering the potential threat to the receiving water and applicable TMDL compliance schedules.
5. Based on existing screening or monitoring data or other institutional knowledge, assess the impact of non-stormwater discharges (other than identified illicit discharges) on the receiving water.
6. Conduct monitoring and assess the monitoring data to determine the impact of non-stormwater discharges on the receiving water.
7. Conduct monitoring or other investigations to identify the source of pollutants in non -stormwater discharges, consistent with the IDDE Program.
8. Use results of the screening process to evaluate the conditionally exempt non -stormwater discharges identified in Parts III.A.2 and III.A.3 of the Permit and take appropriate actions pursuant to Part III.A.5.c of the Permit for those discharges that have been found to be a source of pollutants.
9. Maximize the use of the City’s resources by integrating the screening and monitoring process into existing monitoring and/or screening efforts.
The City performed three (3) outfall screenings at major MS4 outfalls during the 2021-2022 monitoring year to identify significant non-stormwater outfalls. Significant non-stormwater discharges are determined by one or more of the following characteristics:
1. Discharges from major outfalls subject to dry weather TMDLs.
2. Discharges that have caused or have the potential to cause overtopping of downstream diversions.
3. Discharges exceeding a threshold discharge rate as proposed by the City.
4. Discharges from areas where there is evidence of ongoing potential illegal dumping or illicit connections. This shall include evidence gathered from field observations and/or monitoring data.
5. Other characteristics as determined by the City and incorporated within the City’s screening program. If other characteristics are used, the City will provide a definition or a criterion for how a significant non-stormwater discharge will be determined. If the criterion is field measurements and/or water quality data, thresholds will be specified in the written procedures.
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5 A total of two (2) significant non-stormwater outfalls were identified for source investigations during the 2021-2022 monitoring year screening and prioritization process. The City is required to conduct source investigations for outfalls identified to have significant non-stormwater discharge. The City is required to prioritize source investigations with consideration of dry weather TMDL compliance schedules, 303(d) listed waterbodies for dry weather constituents, dry weather receiving water monitoring data with recurring exceedances, geographic location, and other necessary factors.
During the 2022-2023 monitoring year, NV5 will conduct detailed upstream source investigations at two (2) significant non-stormwater outfalls to determine the source(s) of significant non-stormwater discharge as outlined in the Permit:
1. If the source of a significant non-stormwater discharge is determined to be an illicit discharge, then the City will implement procedures to eliminate the discharge consistent with IDDE requirements.
2. If the source of a significant non-stormwater discharge is determined to be an NPDES permitted discharge, a discharge subject to a Record of Decision approved by U.S. EPA pursuant to section 121 of CERCLA, a conditionally exempt essential non-stormwater discharge, or entirely comprised of natural flows as defined at Part III.A.2 of the Permit, then the City will document the source.
3. If the source of a significant non-stormwater discharge is either unknown or a conditionally exempt, but non-essential, non-stormwater discharge, then the City will conduct monitoring required in Part VII.E of the Permit.
4. If the significant non-stormwater discharge is comprised of more than one source, then the City will attempt to quantify the relative contribution from each individual source or group of similar sources (e.g., irrigation overspray) and classify the contributions as authorized, conditionally exempt essential, natural, illicit discharge, conditionally exempt non-essential, or unknown.
5. If the source of a significant non-stormwater discharge is unknown, then the City will describe the efforts undertaken to identify the source. Methods for identifying the source of non -stormwater discharge may include inspection and/or surveillance, discharge monitoring and data loggers, video or physical inspection, monitoring for indicator parameters (e.g., surfactants, chlorine, pyrethroids), or other means.
6. If a source of a significant non-stormwater discharge originates within an upstream jurisdiction, then the City will inform in writing both the upstream jurisdiction and the Los Angeles Water Board within 30 days of determination of the presence of the discharge, all available characterization data, contribution determination efforts, and efforts taken to identify its source.
NV5 will provide with summary of the source investigation activities and findings. Depending on the source(s) of the significant non-stormwater discharge at the two (2) significant non-stormwater outfalls, NV5 will provide recommendations for follow up actions necessary to address the source(s) of the significant non-stormwater discharge according to the Permit requirements outlined above. The follow up actions and any possible monitoring is not included in this proposal and will be conducted under a separate specific investigation scope of work (as-needed).
Task 6 – Analytical Data QA/QC, Data Tables, and CEDEN Formatting and Uploads NV5 will review and finalize all flow data, prepare flow volume calculations, flow hydrographs and other appropriate information necessary for assessment. Once the data has been appropriately reviewed using quality assurance/quality control (QA/QC) procedures, event flow hydrographs from each wet weather sampling event and wet weather season hydrographs will be provided in both Excel and Adobe Acrobat
NV5
JLHA-22-10887-Compton NPDES Monitoring & Reporting
March 29, 2022
6 format. Event rainfall summaries from each wet weather sampling event and wet weather season rainfall summaries will be provided in both Excel and Adobe Acrobat format.
Analytical data records (bookmarked PDF and EDD formats) will be generated by the laboratories and submitted to NV5 upon completion. NV5 will review, finalize, format, and submit all field and analytical data to JLHA.
Data verification will include a review for completeness and accuracy, review for outliers and omissions, and the use of performance criteria to identify laboratory quality control sample outliers. Data validation consists of accepting, rejecting, or applying qualifiers to data based on the QAPP, analytical method criteria, and professional judgment. Once the data has been appropriately reviewed and QA/QC performed, the results will be tabulated and reviewed for accuracy and completeness. Any qualified or missing results will be explained and noted.
NV5 will include the data from the required TMDL stations S10 and DOM-RW-DCE01 (via cost sharing agreements with the watershed groups).
Sample results and tables will be coordinated with JLHA and the City. Following approval, the results will be sent electronically per the Regional Board's paperless office guidelines to [email protected]. The results will highlight exceedances of applicable WQBELs, receiving water limitations, action levels, or aquatic toxicity thresholds and include basic information regarding sampling dates, locations, or other pertinent documentation. Results will be transmitted using SMC Standardized Data Transfer Formats (SDTFs), which is equivalent to the California Data Exchange Network (CEDEN) format. The results will be provided to the Regional Board and uploaded directly to the CEDEN database.
In accordance with the 2021 Permit, results collected between January 1 through June 30 will be provided submitted by December 15 and results collected between July 1 through December 31 of the prior year will be submitted by June 15. NV5 will provide sufficient time for JLHA to review and comment on the draft report submittals prior to submitting the data to CEDEN.
Task 7 – Draft and Final Monitoring Report
NV5 will prepare a draft and final annual monitoring report. The draft report will be provided by August 30, 2022. The final report will be provided approximately two weeks after review by JLHA and the City (assuming two weeks for client review). Comments will be addressed, and a final report will be provided via pdf (electronic delivery) by September 30, 2022.
NV5
JLHA-22-10887-Compton NPDES Monitoring & Reporting
March 29, 2022
7 2 PROJECT COST
NV5 proposes to implement the scope of work on a time-and-materials basis not to exceed a base cost of $ $292,024.10.
A Summary Cost Schedule and a Detailed Cost Schedule are attached in Table 1 and Table 2, respectively. Additional work provided beyond those services described will be provided on a time-and- materials basis. The Analytical Cost Schedule is attached in Table 3. 3 COST ASSUMPTIONS
1. Costs are provided for receiving water and MS4 Outfall sampling and reporting for sites in the City of Compton’s jurisdiction (R1, FS1, FS2, and FS6).
2. Permitting costs for LADPW access agreements are included at a rate of $1,439.00/area (1 for RW and 1 for three for MS4 Outfalls). This cost is estimated based on previous similar access agreements. If significant engineering drawings or extensive permitting costs exceed this value, NV5 will promptly notify JLHA to address LADPW’s concerns. It is also assumed that ACOE will not require a fee permit for the FS1 Site.
3. The estimated costs for Task 3 are based on establishing temporary monitoring stations for flow monitoring and autosamplers. Should permanent stations be needed and/or specific accommodations be required to obtain permits with LACFD or other jurisdictions, revisions to the cost estimate for this task will be needed.
4. Traffic control equipment will be required for site FS2.
5. Security Staffing has been included for sites FS1 and FS6 to prevent theft, vandalism, or personal safety concerns from transients during wet weather events (as-needed).
6. Work is dependent upon a sufficient number of storm events meeting sampling criteria.
7. If the source of a significant non-stormwater discharges under Task 5 is determined to be either an illicit discharge or either an unknown, or conditionally exempt, but non-essential, non-stormwater discharge that requires further assessment, such monitoring is not included in this proposal and will be determined under a separate specific investigation scope of work.
NV5
JLHA-22-10887-Compton NPDES Monitoring & Reporting
March 29, 2022
8 We appreciate this opportunity to provide this proposal. Please do not hesitate to call me at (760) 908 -5749 or (562) 495-5777 should you have any questions or concerns regarding this proposal. We look forward to working with you on this project.
For and on behalf of NV5,
David S. Renfrew, PMP, QISP/ToR, CPSWQ, QSD
Vice President, Water Resources
Garth Engelhorn, CPSWQ, QISP/ToR
Senior Project Manager
Attachments: (1) Table 1 – Summary Cost Schedule
(2) Table 2 – Detailed Cost Schedule
(3) Table 3 – Analytical Cost Schedule
TABLE 1. SUMMARY COST SCHEDULE
NV5
JLHA-22-10827-Compton NPDES Monitoring & Reporting
March 29, 2022
Task 1. Project Management and Coordination 64 11,856.00$ -$ 11,856.00$ Task 2. Site Recon, Coordination, Permitting, and
access agreements for LADPW, Update SAP/HASP 68 8,560.00$ 1,628.55$ 10,188.55$ Task 3. Equipment, Installation, and Maintenance,
Lab Coordination 122 15,360.00$ 16,323.30$ 31,683.30$ Task 4a. RW Wet Weather Monitoring (3 Events x 1
sites) 99 14,265.00$ 20,590.50$ 34,855.50$ Task 4b. Wet Weather Outfall Monitoring (3 Events
x 3 sites) 422 51,920.00$ 48,886.31$ 100,806.31$ Task 4c. RW Dry Weather Monitoring (2 Events x 1
sites) 72 9,100.00$ 35,056.64$ 44,156.64$ Task 5. NSW Outfall Monitoring Source
Investigation 128 16,250.00$ 1,927.80$ 18,177.80$ Task 6. Analytical and Flow Data QA/QC, Data
Tables, and CEDEN Formatting and Uploads 171 26,180.00$ -$ 26,180.00$ Task 7. Draft and Final Monitoring Report 84 14,120.00$ -$ 14,120.00$ Total 1,230 167,611.00$ 124,413.10$ 292,024.10$ Total CostsWork Item Total Staff
Hours
Total Labor
Costs
Total
Reimbursables
(Subcontractors
and ODCs)
TABLE 2. DETAILED COST SCHEDULE
NV5
JLHA-22-10827-Compton NPDES Monitoring & Reporting
March 29, 2022
Hourly Rate Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost 225.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 0 -$ 215.00$ 40 8,600.00$ 4 860.00$ 12 2,580.00$ 15 3,225.00$ 6 1,290.00$ 12 2,580.00$ 6 1,290.00$ 14 3,010.00$ 16 3,440.00$ 119 26,875.00$ 190.00$ 8 1,520.00$ 4 760.00$ 12 2,280.00$ 24 4,560.00$ 32 6,080.00$ 4 760.00$ 8 1,520.00$ 28 5,320.00$ 24 4,560.00$ 136 27,360.00$ 180.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 0 -$ 170.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 0 -$ 160.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 0 -$ 155.00$ 4 620.00$ 4 620.00$ -$ -$ 42 6,510.00$ -$ 24 3,720.00$ 64 9,920.00$ 24 3,720.00$ 138 25,110.00$ 145.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 0 -$ 130.00$ 4 520.00$ 32 4,160.00$ 42 5,460.00$ 12 1,560.00$ 132 17,160.00$ 20 2,600.00$ 46 5,980.00$ 52 6,760.00$ -$ 294 44,200.00$ 120.00$ -$ -$ -$ 24 2,880.00$ 66 7,920.00$ -$ -$ -$ 20 2,400.00$ 110 13,200.00$ 115.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 0 -$
90.00$ -$ 24 2,160.00$ 56 5,040.00$ -$ 144 12,960.00$ 20 1,800.00$ -$ 13 1,170.00$ -$ 257 23,130.00$
85.00$ 4 340.00$ -$ -$ 24 2,040.00$ -$ 16 1,360.00$ 44 3,740.00$ -$ -$ 44 7,480.00$
70.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 0 -$
77.00$ 2 154.00$ -$ -$ -$ -$ -$ -$ -$ -$ 2 154.00$
51.00$ 2 102.00$ -$ -$ -$ -$ -$ -$ -$ -$ 2 102.00$ Labor Fee Costs 64 11,856.00$ 68 8,560.00$ 122 15,360.00$ 99 14,265.00$ 422 51,920.00$ 72 9,100.00$ 128 16,250.00$ 171 26,180.00$ 84 14,120.00$ 1102 167,611.00$ Notes Unit Cost units Cost units Cost units Cost units Cost units Cost units Cost units Cost units Cost Totals Mileage $0.56/mile 0.56$ -$ 200 112.00$ 600 336.00$ 500 280.00$ 720 403.20$ 413 231.28$ 600 336.00$ -$ -$ 1,698.48$ $1,439/yr 1,439.00$ -$ 1 1,439.00$ -$ -$ -$ -$ -$ -$ -$ 1,439.00$ $250/day 250.00$ -$ -$ 2 500.00$ -$ -$ -$ 3 750.00$ -$ -$ 1,250.00$ Security Staff (for FS1+FS6) 12 hour shift 528.00$ -$ -$ -$ -$ 6 3,168.00$ -$ -$ -$ -$ 3,168.00$ Traffic Control Equipment $50/day 50.00$ -$ -$ 6 300.00$ -$ 3 150.00$ -$ 3 150.00$ -$ -$ 600.00$ Autosampler $250/event 250.00$ -$ -$ -$ 3 750.00$ 9 2,250.00$ -$ -$ -$ -$ 3,000.00$ Flow Meter with sensor $3290/year 3,290.00$ -$ -$ 4 13,160.00$ -$ -$ -$ -$ -$ -$ 13,160.00$ Autosampler Teflon lined tubing $2/foot 2.00$ -$ -$ 300 600.00$ 225 450.00$ -$ -$ -$ -$ -$ 1,050.00$ Installation Materials-RW $200/site 200.00$ -$ -$ 1 200.00$ -$ -$ -$ -$ -$ -$ 200.00$ Installation Materials-Outfalls $150/site 150.00$ -$ -$ 3 450.00$ -$ -$ -$ -$ -$ -$ 450.00$ $200/day 200.00$ -$ -$ -$ 3 600.00$ 3 600.00$ 2 400.00$ 3 600.00$ -$ -$ 2,200.00$ Sampler Pole $35/event 35.00$ -$ -$ -$ 3 105.00$ 9 315.00$ 2 70.00$ -$ -$ -$ 490.00$ Ice $5/bag 5.00$ -$ -$ -$ 12 60.00$ 36 180.00$ 12 60.00$ -$ -$ -$ 300.00$ Analytical-RW-Wet (Compton Creek) per sample 2,586.00$ -$ -$ -$ 5 12,930.00$ -$ -$ -$ -$ -$ 12,930.00$ Analytical-RW-Dry (Compton Creek) per sample 2,197.00$ -$ -$ -$ -$ -$ 4 8,788.00$ -$ -$ -$ 8,788.00$ Analytical OF-Compton Creek per sample 2,399.00$ -$ -$ -$ -$ 6 14,394.00$ -$ -$ -$ -$ 14,394.00$ Analytical OF-Dominguez (Inc. High Res PCBs
and DDTs) per sample 3,469.00$ -$ -$ -$ -$ 5 17,345.00$ -$ -$ -$ -$ 17,345.00$ Aquatic Toxicity Wet (H. azteca ) $245/sample 245.00$ -$ -$ -$ 3 735.00$ 2 490.00$ -$ -$ -$ -$ 1,225.00$ Aquatic Toxicity Dry (Screening C. dubia, C. dilutus, H. azteca, P.Promelas )$3,004/sample 3,004.00$ -$ -$ -$ -$ -$ 2 6,008.00$ -$ -$ -$ 6,008.00$ Aquatic Toxicity Dry (2nd Event is one species) $1,130/sample 1,130.00$ -$ -$ -$ -$ -$ 1 1,130.00$ -$ -$ -$ 1,130.00$ Toxicity Identification Evaluation $3,700/sample 3,700.00$ 1 3,700.00$ 1 3,700.00$ 1 3,700.00$ -$ -$ -$ 11,100.00$ Analytical Contingency 2,888.19$ -$ 1 2,888.19$ -$ -$ -$ -$ 2,888.19$ Bioassessment (BMI) $13,000/event 13,000.00$ -$ -$ -$ -$ -$ 1 13,000.00$ -$ -$ -$ 13,000.00$ Shipping to Vista Analytical (High Res) $225/event 225.00$ -$ -$ -$ -$ 3 675.00$ -$ -$ -$ -$ 675.00$ 5% -$ 77.55$ 777.30$ 980.50$ 2,327.92$ 1,669.36$ 91.80$ -$ -$ 5,924.43$ ODCs Cost -$ 1,628.55$ 16,323.30$ 20,590.50$ 48,886.31$ 35,056.64$ 1,927.80$ -$ -$ 124,413.10$ Total Total
-$ 292,024.10$
Specialist III
Subcontractor and ODCs
Senior Principal
Senior I
Total Cost
Task 1. Project
Management and
Coordination
Task 2. Site Recon,
Coordination,
Permitting, and
access agreements
for LADPW, Update
SAP/HASP
Task 3. Equipment,
Installation, and
Maintenance, Lab
Coordination
Task 4a. RW Wet
Weather
Monitoring (3
Events x 1 sites)
Task 4b. Wet
Weather Outfall
Monitoring (3
Events x 3 sites)
Total Hours
Task 7. Draft and
Final Monitoring
Report
Task 4c. RW Dry
Weather
Monitoring (2
Events x 1 sites)
Task 6. Analytical
and Flow Data
QA/QC, Data
Tables, and CEDEN
Formatting and
Uploads
Task 5. NSW Outfall
Source
Identification
Task Description
Senior II
Senior III
Principal
Associate III
Compton NPDES Sampling (2022-23)
Alta Title
Staff III
Staff II
Staff I
10,188.55$ 31,683.30$ 34,855.50$ Task 6. Analytical
and Flow Data
QA/QC, Data
Tables, and CEDEN
Formatting and
Uploads
26,180.00$
Task 4b. Wet
Weather Outfall
Monitoring (3
Events x 3 sites)
Task 3. Equipment,
Installation, and
Maintenance, Lab
Coordination
Task 4a. RW Wet
Weather
Monitoring (3
Events x 1 sites)
Task 7. Draft and
Final Monitoring
Report
14,120.00$
Task 1. Project
Management and
Coordination
11,856.00$
YSI 6600 Multiparameter Data Sonde
Confined Space Equipment
Fee on Subs/ODCs
Total Cost Estimate (Labor and ODCs)
Financial Analyst II
Administrative I
LADPW Access Permit
Specialist II
Specialist I
Associate II
Associate I
Task 5. NSW Outfall
Monitoring
(Inventory and 3
rounds of field
screening)
Task 4c. RW Dry
Weather
Monitoring (2
Events x 1 sites)
44,156.64$ 18,177.80$ 100,806.31$ Task 2. Site Recon,
Coordination,
Permitting, and
access agreements
for LADPW, Update
SAP/HASP
TABLE 3. ANALYTICAL COST SCHEDULE
NV5
JLHA-22-10827-Compton NPDES Monitoring & Reporting
March 29, 2022
Laboratory Analyte List Based on 2020-2022 Assessment Dominguez Parameter group* Parameter R1-Dry R1-Wet Outfalls
(FS1, FS2)-Wet
Outfalls
(FS6)-Wet
Oil and grease x x x x
Total Phenols x 25.00$ x x
Cyanide 35.00$ 35.00$ 35.00$ x Total coliform 185.00$ 185.00$ 185.00$ 185.00$ Enterococcus 84.00$ 84.00$ 84.00$ 84.00$ Fecal coliform Included Included Included Included
E. coli 120.00$ 120.00$ 120.00$ 120.00$ Dissolved Phosphorus 25.00$ 25.00$ 25.00$ 25.00$ Total Phosphorus 25.00$ 25.00$ 25.00$ 25.00$ Total Suspended Solids 20.00$ 20.00$ 20.00$ 20.00$ Total Dissolved Solids 20.00$ 20.00$ x x Volatile Suspended Solids 30.00$ 30.00$ x x Total Organic Carbon 40.00$ 40.00$ x x Total Petroleum Hydrocarbon x x x x
Biochemical Oxygen Demand 40.00$ 40.00$ x x Chemical Oxygen Demand 30.00$ 30.00$ 30.00$ 30.00$ Total Ammonia-Nitrogen 25.00$ 25.00$ 25.00$ 25.00$ Total Kieldahl Nitrogen 35.00$ 35.00$ 35.00$ 35.00$ Nitrate-Nitrite as Nitrogen 32.00$ 32.00$ 32.00$ 32.00$ Nitrate-Nitrogen 16.00$ 16.00$ 16.00$ 16.00$ Nitrite-Nitrogen 16.00$ 16.00$ 16.00$ 16.00$ Alkalinity 16.00$ 16.00$ x x Specific Conductance Included Included Included Included Total Hardness 20.00$ 20.00$ 20.00$ 20.00$ MBAS 40.00$ 40.00$ 40.00$ x Chloride 16.00$ 16.00$ x x Fluoride 16.00$ x x x
Suspended Sediment
Concentration 45.00$ 45.00$ 45.00$ 45.00$ Methyl tertiary butyl ether
(MTBE) x x x x
Perchlorate 40.00$ 40.00$ 40.00$ x Wet Weather-CC (T+D-Ca,Mg, Al,
Cd, Cr, Cu, Pb, Zn, Hg) NA 216.00$ 216.00$ NA Dry Weather-CC (T+D-Ca,Mg, Al,
Cd, Cu, Pb, Zn, Hg) 196.00$ NA NA NA
Wet Weather-DC (T+D - Ca,Mg,
Al, Cu, Pb, Zn, Hg) NA NA NA 176.00$
Semivolatile Organic
Compounds See 2020-2022 Analyte Table 360.00$ 360.00$ 360.00$ 200.00$ Chlorinated Pesticides See 2020-2022 Analyte Table 130.00$ 130.00$ 130.00$ 130.00$ Aroclors included included included included
Congeners (56) 350.00$ 350.00$ 350.00$ included Organophosphate Pesticides See 2020-2022 Analyte Table 160.00$ 160.00$ 160.00$ x Herbicides See 2020-2022 Analyte Table x x x x
PCB Congeners (209) Hi-Res PCBs NA NA NA 1,000.00$
DDxs Hi-Res DDTs NA NA NA 850.00$
30.00$ 30.00$ 30.00$ 30.00$ NA NA NA 20.00$
NA NA NA 25.00$
NA 360.00$ 360.00$ 360.00$
2,197.00$ 2,586.00$ 2,399.00$ 3,469.00$ X = removed from analyte list based on 2020-2022 assessment, NA=Not Applicable Compton Creek
Conventional Pollutants
Bacteria (2-1,600,000
MPN/100ml)
Metals
Cost Per Sample
Polychlorinated Biphenyls (PCBs)
General
Lab Grade Blank Water
Ceden EDD-Vista
After Hours Bacteria Charges-AMS
Ceden EDD-Weck
Additional Lab Fees
July 26, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: COMPTON FIRE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE ESTABLISHMENT OF A PURCHASE ORDER FOR THE
CITY OF DOWNEY FOR FIRE AND EMERGENCY MEDICAL DISPATCHING SERVICES ($800,000)
SUMMARY
Adoption of this resolution by the City Council will authorize the City Manager to establish a purchase order in the amount of Eight Hundred Thousand Dollars ($800,000.00) for the City of Downey to provide Fire and Emergency Medical Services dispatching services for the Compton Fire Department during Fiscal Year 2022-2023. The purchase order will provide funds to cover anticipated invoices for Fire and Emergency dispatching services that are generated quarterly for the Fiscal Year 2022-2023.
BACKGROUND
The Compton Fire Department (“Department”) has been a member of the Joint Powers Association (“JPA”) for a number of years. Through the JPA, each member entity (i.e. the cities of Downey, Santa Fe Springs and Compton) contract to share in the costs of the infrastructural and operational services required to provide emergency communication and dispatch services.
On January 17, 2017, the City Council authorized Compton’s continued participation in this cooperative by adoption of Resolution No. 24,509, which approved a three (3) year (i.e. July 1, 2016 through June 30, 2019) agreement with the City of Downey, which provides, through its Communication Center, communication and dispatch services for emergency fire and medical response to the member cities. Pursuant to the terms of the agreement the term is automatically renewed for consecutive one (1) year terms until terminated by one of the JPA parties by providing six (6) months advance written notice of termination. Agreeing to this provision assures that these vital and lifesaving services are not interrupted or discontinued due to inadvertent failure to timely renew the agreement.
STATEMENT OF ISSUE
911 Fire and Emergency Medical Services dispatching services are required to properly manage and direct responding units to an emergency and while on the scene of an emergency. This service is best delivered to the citizens of Compton through the JPA where all the needed aspects of a communications center are best done through shared processes.
18.18.18. Staff Report – Resolution Authorizing P.O. (FY 2022-23) City of Downey/Fire & EMS Dispatch Services
July 26, 2022 page 2
The current year of the agreement began July 1, 2022. In accordance with the terms of the agreement, the City will be billed for its share of the costs quarterly, forty-five (45) days after each of the following intervals: September 31st, December 31st, March 31st and June 30th. Since the fourth (4 th) quarter payment is not submitted to the City until 45 days after June 30 th, the authorized purchase order should be held at least 60 days past the end of Fiscal Year 2022- 2023 to assure that funds are available to pay the invoice.
ALTERNATIVE
The alternative is to find a new dispatching center and purchase the hardware and software that is required for their system. This alternative will cost the City a greater impact on the budget.
FISCAL IMPACT
The cost for services provided is based on a charge of Sixty Three Dollars ($63.00) per call.
Over the last several years, Compton has responded to more than 12,000 – 911 calls per year.
Compton’s cost for services to be rendered during Fiscal Year 2022-2023 is anticipated to be approximately $800,000.00.
Funds for this expenditure are available in the Fire Department’s 2022-2023 Fiscal Year budget in Account No. 1001 690 000 4269.
RECOMMENDATION
Staff recommends that Council approve the attached Resolution.
RONERICK D. SIMPSON
FIRE CHIEF
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE ESTABLISHMENT OF A PURCHASE ORDER FOR THE
CITY OF DOWNEY FOR FIRE AND EMERGENCY MEDICAL DISPATCHING SERVICES ($800,000)
WHEREAS, 911 Fire and Emergency Medical Services dispatching services are required to properly manage and direct responding units to an emergency and while on the scene of an emergency; and
WHEREAS, the Compton Fire Department (“Department”) has been a member of the Joint Powers Association (“JPA”) for a number of years, which provides each member entity (i.e. the cities of Downey, Santa Fe Springs and Compton) with the ability to share in the costs of the infrastructural and operational services required to provide emergency communication and dispatch services; and
WHEREAS, on January 17, 2017, the City Council authorized Compton’s continued participation in this cooperative by adoption of Resolution No. 24,509, which approved a three (3) year (i.e. July 1, 2016 through June 30, 2019) agreement with the City of Downey, which provides, through its Downey Communication Center, communication and dispatch services for emergency fire and medical response to the JPA member cities; and
WHEREAS, pursuant to the terms of the agreement the term is automatically renewed for consecutive one (1) terms until terminated by one of the JPA parties by providing six (6) months advance written notice of termination; and WHEREAS, the current year of the agreement began July 1, 2022 and in accordance with the terms of the agreement, the City will be billed for its share of the costs quarterly, forty-five (45) days after each of the following intervals: September 31st, December 31 st, March 31 st and June 30 th; however, since the fourth (4 th) quarter payment is not submitted to the City until 45 days after June 30 th, the authorized purchase order should be held at least 60 days past the end of Fiscal Year 2022-2023 to assure that funds are available to pay the invoice; and WHEREAS, over the last several years, Compton has responded to more than an approximate 12,000 – 911 calls per year and the cost for services provided is based on a charge of Sixty Three Dollars ($63.00) per call; thus, staff estimates that the cost for services to be rendered during Fiscal Year 2022-2023 to be approximately $800,000.00; and
WHEREAS, funds for this expenditure are available in the Fire Department’s 2022-2023 Fiscal Year budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Manager is hereby authorized to establish a purchase order in the amount of Eight Hundred Thousand Dollars ($800,000.00), which shall be held at least 60 days past the end of Fiscal Year 2022-2023, for the City of Downey for provision of Fire and Emergency Medical Services communication and dispatching services during the 2022-2023 Fiscal Year.
Section 2.That funds for this expenditure are available in the Fire Department’s 2022-2023 Fiscal Year budget in Account No. 1001 690 000 4269.
Section 3.That a certified copy of this Resolution shall be provided to the City Manager, City Controller and the Fire Department.
Resolution No. ____________
Section 4.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of ________________, 2022.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, do hereby certify that the forgoing Resolution was adopted by the City Council, signed by the Mayor, and attested to by the City Clerk at a regular meeting thereof held on _________ day of ________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAINS: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
___________________________________
CITY CLERK OF THE CITY OF COMPTON
July 26, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER OFFICE
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH AND ESTABLISH A
PURCHASE ORDER FOR ELEVATE PUBLIC AFFAIRS TO PROVIDE
PUBLIC RELATIONS SERVICES ($103,800)
SUMMARY
Adoption of this resolution will authorize the City Manager to enter into a twelve (12) month (July 2022 through June 30, 2023) professional services agreement with Elevate Public Affairs to serve as the City’s Communication and Public Information Spokesperson and establish a purchase order in the amount of one hundred three thousand eight hundred dollars ($103,800).
BACKGROUND
The City has utilized Elevate Public Affairs (Elevate), a public relations firm, to serve as its Communication and Public Information Spokesperson (CPIS) since July 2019. In that time, Elevate has served as the City’s point of contact for media outlets and has also been utilized by the City Council and City Management to coordinate responses to various issues from COVID-19, announcement of new City fleet, the Artesia Bridge and street improvement projects. The initial agreement was for nine months and contained two, one-year extensions. The last extension expired on June 30, 2022, requiring the City to solicit proposals from qualified firms and consultants with experience in media relations.
On April 26, 2022, the City Manager’s Office advertised for Communication and Public Information Spokesperson services. An essential component of the Request for Quotation (RFQ) was to obtain professional assistance and guidance with public and internal communications, governmental brand management and strategic community partnership. Essentially, the Public Information Spokesperson (CPIS) is responsible for managing the City’s messaging on current and newsworthy communication through mainstream news outlets, social media and other digital press interfaces.
On May 11, 2022, three (3) written proposals were received. The responding firms and consultants described how their respective agencies envision serving as the City’s CPIS working with all elected City officials and City management while adding to and developing a comprehensive unified look, feel and style for public communications
19.19.19.19.19.19. Staff Report – Resolution Authorizing Agreement with Elevate Public Affairs Communications and Public Information Spokesperson Services July 26, 2022, Page 2 of 3
material produced and distributed by the City. The following are synopses and corresponding rates for each responding firm:
ELEVATE PUBLIC AFFAIRS — Experienced in working with municipalities and public agencies on positive and crisis communications, media advisories, press releases, branding collateral, communications protocols handbooks, website, social media, fluent in Spanish media, and more. Their proposed fees are $103,800 annually for all services requested. Staff deemed their proposal to be the most responsive and recommend they be retained as the City’s Communication and Public Information Spokesperson.
SZABO and ASSOCIATES — Proficient in providing strategic communications services to cities, counties and Southern California school district among other clients. Specialize in legal, media, and policy backgrounds, they are able to offer clients a unique continuum of services and expertise. The firm did not provide an annual cost, but proposed an hourly rate depending on the level of expertise of the staff involved ranging from $395/hr to $125/hr. Staff deemed this proposal “non-responsive” and disqualified it from further consideration as it did not give the City a clear idea of total annual cost needed.
TOC PUBLIC RELATIONS — Experienced PR firm that specializes in digital marketing, strategic communications, and all aspects of public relations. TOC has over 100 years of combined experience in the profession, and a specialty in government and public safety agencies organizations. Their proposed fees are $102,000 annually for all services requested, but their proposal was severely lacking in detail. While providing the lowest cost proposal, staffed disqualified it as well. The proposal only identified one person, didn’t identify other public agencies that they’ve worked with in the past as references, or provide samples of work product displaying their abilities in handling similar scopes of work.
STATEMENT OF ISSUE
Staff reviewed the proposals and determined that the proposal presented by Elevate Public Affairs, a local, women-owned firm possessed the training, experience and professionalism, at reasonable costs, to provide the services needed and sought by the City. While Elevate was not the lowest bid submitted, they were selected because they proved they can provide the City with the best service, as evidenced through their proposal and through their history of work in Compton. Under the direction of the City Manager’s Office, the approved budget provides for funds to engage a qualified CPIS to work in the interest of the City for media relations, public information management, social media management, market branding, and all matters dealing with verbal and written public statements.
Staff recommends that the City enter into a one-year professional services agreement, with a two one-year extension options, with Elevate Public Affairs in the amount of One Hundred Three Thousand and Eight Hundred Dollars ($103,800).
Staff Report – Resolution Authorizing Agreement with Elevate Public Affairs Communications and Public Information Spokesperson Services July 26, 2022, Page 3 of 3
FISCAL IMPACT
Funds in the amount of $103,800.00 are available in the City Manager 2022-2023 Fiscal Year budget in Account No. 1001-510-000-4269.
RECOMMENDATION
Staff recommends the City Council adopt the attached resolution.
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER
FOR ELEVATE PUBLIC AFFAIRS TO PROVIDE PUBLIC RELATIONS
SERVICES ($103,800)
WHEREAS, the City of Compton has utilized Elevate Public Affairs, a public relations firm, to serve as its Communication and Public Information Spokesperson since July 2019 under a professional services agreement that expired June 30, 2022; and
WHEREAS, in accordance with the City’s Purchasing Policies, staff issued an Request for Proposals (RFP) on April 26, 2022 to solicit new proposals from qualified and experienced media relation firms and consultants that can serve as the City’s Communications and Public Information Spokesperson; and WHEREAS,On May 11, 2022, the City received a total of three (3) proposals that were reviewed and rated by staff. The three (3) firms were rated based on their responsiveness, qualifications, costs, work experience, professional expertise and any other unique qualifications; and
WHEREAS, funding in the amount of One Hundred Three Thousand Eight Hundred Dollars ($103,800) is available in the 2022-2023 Fiscal Year Budget in the City Manager’s Budget in Account No. 1001-510-000-4269; and
WHEREAS, staff recommends and requests authority to enter into two (2) additional one-year contract extensions, at a maximum of One Hundred Five Thousand Dollars ($105,000) per contract year, in which funding will be appropriated in future City Manager budgets.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.That the City Manager, on the advice of the City Attorney, is hereby authorized to accept the proposal of Elevate Public Affairs and enter into a one-year (i.e. July 2022 through June 30, 2023) professional services agreement, with authority to enter into two (2) additional one-year contract extensions, for the provision of public and internal strategic communications, strategic governmental brand management, social, print and televised media relations, news media planning and strategic community partnerships for the City.
SECTION 2.That funds for services rendered during the 2022-2023 Fiscal Year have been appropriated in the City Manager’s 2022-2023 Fiscal Year Budget (Account No. 1001-510-000-4269), in the amount of One Hundred Three Thousand and Eight Hundred Dollars ($103,800).
SECTION 3.That a purchase order in the amount of $103,800.00 is authorized to be established for Elevate Public Affairs for Communications and Public Information Spokesperson services.
SECTION 4.That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Attorney, and City Controller.
SECTION 5.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
Resolution No. _______________
ADOPTED this __________ day of _____________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested to by the City Clerk, at a regular meeting thereof held on the ________ day of _________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF COMPTON
AND
ELEVATE PUBLIC AFFAIRS, LLC.
This AGREEMENT is entered by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and ELEVATE PUBLIC AFFAIRS, LLC. (hereinafter referred to as “CONSULTANT”), located at 10474 Santa Monica Blvd, Suite 405, California 90025
RECITALS:
WHEREAS, the City has a vital need for the services of an experienced and professional Public Information Official/Spokesperson (“PIO”) to interface with the media on a variety of municipal issues including, but not limited to public safety, water sanitation, street improvements, recreation programs, business attractions, financial budget status, asset protection, City housing, homeless management, and the likes; and
WHEREAS, Consultant warrants that it is specifically trained, experienced, competent, and has the resources to provide such services which will be required by this Agreement; and WHEREAS, by Resolution No. XX,XXX, adopted on the XX th of XXXX 2022, the City Council authorized the City Manager to enter into a professional services agreement with the Consultant (Elevate Public Affairs, LLC) to provide the needed services; and WHEREAS, Consultant is willing to render such professional services subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, Consultant and City, (collectively the “Parties”), for the consideration, terms and conditions herein described, mutually agree as follows:
AGREEMENT:
1. Services to be rendered by Consultant.It is the mutual understanding of the Parties that the Consultant shall perform professional services as the Public Information Official/Spokesperson (“PIO”) for the City’s messaging of current and topical communications through mainstream news outlets, social media and other digital press interaction and provide professional and technical assistance to the City as it relates to the development of an external and internal communications plan, which shall include, but is not limited to the future and overall goal of unifying communication materials in the City and provide innovative and current information on City services. As more fully discussed in the City’s “Request for Quotation for Communications and Public Information Spokesperson” (dated April 26, 2022) and Consultant’s Proposal – “Request for Quotation for Communications and Public Information Officer/Spokesperson” (dated April 26, 2022, both of which are incorporated by this reference.
Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the services in accordance with best standards of professional practice. Consultant agrees to perform all the said services and to the extent not furnished by the City, furnish all the necessary materials at its own cost and expense necessary to complete said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances and to the reasonable satisfaction of the City.
Professional Services Agreement – Elevate Public Affairs, LLC Public Information Official/Spokesperson Services
City Manager’s Office/Resolution No. ________
Consultant services hereunder shall be performed in a good, workmanlike and professional manner. Consultant shall be responsible for correcting and completing all errors and omissions related to the services provided by the Consultant for this Agreement at no additional cost to the City. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by the Consultant to meet the standards of its profession as set forth in the preceding paragraph. The acceptance of the services by City does not release Consultant from these obligations.
Consultant will be responsible for employing or engaging all persons necessary to perform the services. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and sub-consultants, if any, and will keep the services under its control. On demand of the City, if any employee or sub-consultant of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, Consultant agrees that he or she will be discharged from performing services pursuant to provisions of this Agreement.
Adriana Fernandez-Clark, Executive Vice President of Consultant, shall be primarily responsible for representing Consultant in performance of this Agreement.
2. Duration of Contract.The term of this Agreement shall commence upon Notification to Proceed from the City to Consultant and Consultant shall perform the services in a diligent and professional manner pursuant to this Agreement through June 30, 2023, unless this Agreement is extended or terminated as provided herein.
If agreed to between the Parties, the term of this Agreement may be extended for two (2) – one (1) year terms (i.e. July 1, 2023 – June 30, 2024 and/or July 1, 2024 – June 30, 2025).
3. Compensation.The method of payment for the services will be based on a fee-for-services basis, billable at the rates identified within Consultant’s “Budget” within the “Proposal”, which is incorporated herein. It is understood and agreed between the Parties that the maximum compensation payable for all services performed by the Consultant during the initial term of this Agreement shall be limited to a not-to-exceed amount of One Hundred Three Thousand and Eight Hundred Dollars ($103,800.00).
Should the Parties agree to extend the term of this Agreement (see Section 2, above), it is understood and agreed that the maximum compensation payable for all services performed by the Consultant during each extension exercised, if any, shall be limited to the not-to-exceed amount of One Hundred Five Thousand Dollars ($105,000.00) per contract year extension.
The total price paid the Consultant will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total compensation will be negotiated between the Consultant and the City. Adjustment in the total compensation will not be effective until authorized and approved in writing by the City. Should the Parties be unable to agree as to a compensation adjustment amount for changes in the work or scope of the project, this Agreement may be terminated pursuant to the provisions of Section 16, below.
Consultant acknowledges the importance to City of the project schedule and agrees to put forth its best professional efforts to perform the services in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound practices. Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.
Professional Services Agreement – Elevate Public Affairs, LLC Public Information Official/Spokesperson Services
City Manager’s Office/Resolution No. ________
Consultant shall provide the City with monthly reports describing services performed during the preceding month of services. Reports and Invoices shall be delivered or mailed to the City Manager or his/her designee at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
In the event of termination, the Consultant shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any non-cancellable obligations incurred prior to termination; provided, however, that the City may condition payment of such compensation upon the Consultant’s delivery to the City of any and all City property, documents, reports, records, materials and work product associated with the performance of this Agreement.
4. Ownership of Materials.Consultant agrees that all of its customized reports, recommendations, plans, copyrightable materials and other work product created or assembled by it in the course of performing the services (“Work Product”) hereunder are works for hire for the benefit of the City and as such is the sole property of the City. To the extent that such materials and work product do not constitute work for hire, in consideration of the payments and other covenants of the City, as set forth or called for herein, Consultant hereby sells, transfers, conveys and assigns any and all of its rights therein to the City. In the event this Agreement is terminated, all Work Product produced by Consultant or its agents, employees and sub-consultants pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement.
The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use, the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.
5. Independent Consultant Status.Consultant, its officers, employees, subcontractors, agents and volunteers (collectively hereinafter the “Consultant”), is a wholly independent Consultant and not an officer, employee, sub-contractor or agent of the City of Compton. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Consultant, except as expressly set forth in this Agreement. Consultant expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that Consultant shall not at any time or in any manner, represent that Consultant is in any manner officers, employees, agents or volunteers, joint venture or partner of the City. Consultant shall obtain no rights to retirement, health care or any other benefits that accrue to City officials, officers, or employees. Consultant expressly waives any claim to such rights. City will not make deductions from any amounts payable to Consultant of taxes or insurance. All payroll and employment taxes, insurance, and benefits shall be the sole responsibility of Consultant.
Consultant retains the right to provide services for others during the term of this Agreement.
The payment(s) made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' Professional Services Agreement – Elevate Public Affairs, LLC Public Information Official/Spokesperson Services
City Manager’s Office/Resolution No. ________
compensation payment which City may be required to make on behalf of Consultant or any agent, employee, or sub-consultant of Consultant for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.
6. Successors, Assignment and Delegation.City and the Consultant each binds themselves, their partners, successors, assigns and legal representatives to the other hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement.
The expertise and experience of Consultant are material considerations for this Agreement.
Consultant shall not assign or transfer any interest in this Agreement or the performance of any of Consultant’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of Consultant’s rights, duties or obligations arising under this Agreement shall be null and void.
7. Nondiscriminatory Employment Practices.During the performance of this Agreement, the Consultant agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations.
Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees, applicants and sub-consultants for employment, notices setting forth the provisions of this non-discrimination clause.
In the event of the Consultant’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part.
8. Subcontracting.Consultant's services are unique and personal. Except as may be specified in Consultant’s Proposal and agreed to by the City, Consultant will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's sub-consultant and of the persons either directly or indirectly employed by the sub-consultant, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any sub-consultant of Consultant and City. Consultant will be responsible for payment of sub-consultants. Consultant will bind every sub- consultant by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.
9. Other Consultants.The City reserves the right to employ other consultants in connection with the services.
10. Indemnification.Consultant shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall indemnify and save the City from any and all liability and expense including reimbursement of reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever to the extent resulting from or arising out of the negligent, reckless or willful misconduct for the Consultant, its officers, employees, sub-consultants, or agents in the performance of the duties undertaken by Consultant pursuant to this Agreement.
Professional Services Agreement – Elevate Public Affairs, LLC Public Information Official/Spokesperson Services
City Manager’s Office/Resolution No. ________
This indemnification and hold harmless obligation does not extend to claims arising out of the negligence or willful misconduct of the City.
11. Insurance.Without limiting the Consultant’s indemnification of the City, Consultant shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments hereto, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Consultant or Consultant’s agents, representatives, employees or sub-consultants. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein. Failure on the part of the Consultant to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement.
All insurance required hereunder shall be primary with respect to any insurance maintained by the City.
Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the below-indicated insureds except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.
11.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.
11.2 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.
11.3 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. The coverage shall also provide an extended two (2) year reporting period commencing upon termination or cancellation of this Agreement.
Endorsements. For Commercial General Liability Insurance, Consultant will ensure that the policies are endorsed to name the City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers as “additional insureds” with respect to liability arising out of the activities of the Consultant. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City. Prior to City's execution of this Agreement, Consultant will furnish certificates of insurance and endorsements to City.
Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.
12. Permits and Licenses.Consultant, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the Consultant. Upon execution of this Agreement, the Consultant shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.
Professional Services Agreement – Elevate Public Affairs, LLC Public Information Official/Spokesperson Services
City Manager’s Office/Resolution No. ________
13. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years, or longer if required by law, from the date of final payment under this Agreement.
14. Warranties.Consultant represents and warrants (i) that Consultant has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Consultant’s undertaking this relationship with City, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Consultant will not use in the performance of his responsibilities under this Agreement any confidential information or trade secrets of any other person or entity and (iv) that Consultant has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement.
15. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations, which in any manner affect those employed by Consultant, or in any way affect the performance of the services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the services with all applicable laws, ordinances and regulations. In the event the Consultant encounters any conflict between such laws and ordinances, Consultant shall notify the City in writing and the Parties agree to work cooperatively to resolve the conflict.
16. Termination.In the event of the Consultant's failure to prosecute, deliver, or perform the services, after giving written notice of default and two (2) days to correct the same, then, in addition to any other remedies, City may terminate this Agreement for nonperformance by notifying Consultant in writing.
Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at Consultant's place of business, or at the offices of a sub-consultant.
The City’s obligation is payable only from funds appropriated for the purpose of this Agreement.
All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall terminate immediately upon written notice from the City.
Either Party, upon tendering ten (10) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge, put it in order for proper filing and closing, and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total shall not exceed the maximum amount payable as specified in Section 3, above. City will make the final determination as to the portions of tasks completed and the compensation to be made.
17. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
Professional Services Agreement – Elevate Public Affairs, LLC Public Information Official/Spokesperson Services
City Manager’s Office/Resolution No. ________
18. Certifications.The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
a. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency;
b. has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years;
c. does not have a proposed debarment pending; and
d. has not been indicted, convicted, or had a civil judgment rendered against he/she/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years; and e. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding subsection (d); and
f. have not had one or more public transactions (Federal, State or local) terminated for cause or default within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space. [Supply exceptions on separate page]
For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. [Attach separate page]
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. The above certifications are part of this Agreement. Signing this Agreement on the signature portion thereof shall also constitute signature of the above Certifications. ______________________________________ ___________________ Becky Warren, Principal Date
19. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California.
20. Testimony.Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this Agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.
21. Waivers.The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under Professional Services Agreement – Elevate Public Affairs, LLC Public Information Official/Spokesperson Services
City Manager’s Office/Resolution No. ________
this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.
22. Authority.The individuals executing this Agreement and the instruments referenced in it, each represent and warrant that they have the legal power, right and actual authority to bind the respectives Parties to the terms and conditions of this Agreement.
23. Severability.If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
24. Amendments.This Agreement may be modified or amended only be written document executed by both Consultant and City’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the Parties to amend the terms and conditions of this Agreement.
25. Confidentiality and Trade Secret Information.
25.1 Use of Confidential Information. The Parties may be required to disclose Confidential Information to each other. As such, the Parties shall use Confidential Information solely for the purpose and in the context of the Parties' evaluation of the Project and shall not otherwise use, or authorize the use of, any Confidential Information. Neither Party or any of its Affiliates, nor any of their respective Representatives, shall have any obligation to disclose any Confidential Information at any time.
25.2 Non-Disclosure of Confidential Information.
(a) Non-Disclosure Without Consent. The Parties acknowledge that the disclosure of any Confidential Information would cause severe adverse personal, business and financial consequences to the Party including, but limited to loss, dilution or reduction of business or business prospects and adverse publicity. Without the prior written consent of the Party in each instance, or as otherwise specifically permitted by this Agreement, the Parties shall not, at any time or times, directly or indirectly, disclose or authorize or permit to be disclosed: (i) any Confidential Information; or (ii) any Confidential Information that has been made available to, or is in the possession or under the control of the Party. Immediately upon request by either Party, at any time or times, the Parties shall deliver to the requesting Party a complete and accurate list of the names, addresses and telephone numbers of all Persons to whom any copy of, or access to, any Confidential Information has been provided by or on behalf of said Party notwithstanding this Agreement.
(b) Prohibition on Reproduction. The Parties shall not, at any time or times, directly or indirectly, copy, otherwise reproduce, or make any extract or summary of any Confidential Information, or any materials containing or storing any Confidential Information, for any purpose other than the purposes specifically permitted by this Agreement. The Parties shall maintain adequate security measures so that none of the Confidential Information may be disclosed, reproduced, made available or distributed in any manner not otherwise specifically permitted by this Agreement. All media in which any Confidential Information is recorded or stored, and which at any time is within the possession or under the control of the Parties, immediately shall be delivered to the respective Parties upon the termination of the relationship and upon written request of either Party, for any reason, or at any other time, upon request by either Party. (c) Notice of Demands. If, at any time or times, the Parties are requested or required (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand or other process) to disclose any Confidential Information, the Party shall provide to the other Party immediate written notice thereof so that said Party may seek an appropriate protective order or waive compliance with the applicable provision of this Agreement. If, failing the entry of a protective order or the receipt of a waiver hereunder, in the written opinion of that Party's legal counsel (delivered to the Professional Services Agreement – Elevate Public Affairs, LLC Public Information Official/Spokesperson Services
City Manager’s Office/Resolution No. ________
Party at least fifteen (15) business days prior to any such disclosure), is compelled to disclose any Confidential Information, the Party may disclose only that portion of the Confidential Information that counsel so opines must be disclosed and the Party shall use its utmost best efforts to obtain assurance that confidential treatment shall be accorded to that portion of the Confidential Information being disclosed. In no event shall the Parties, or anyone on behalf of the Parties, oppose, hinder or impair the ability of the Party to take any action to obtain a protective order or other assurance satisfactory to said Party that confidential treatment shall be accorded to Confidential Information.
25.3 Trade Secret. Consultant agrees that during the course of providing services to the City, Consultant may have access to the City’s confidential/trade secret and proprietary information. Consultant understands that all such information is considered to be secret and proprietary to the City and is a valuable commercial asset of the City. Consultant agrees not to make use whatsoever, directly or indirectly, of the City’s confidential information for Consultant’s personal benefit or for any other person, firm, corporation, or entity. Consultant agrees not to remove such information from the City in any form or medium without the express written permission of the City. Consultant agrees not to reveal, disclose, identify, or otherwise provide this Confidential Information to any other person, firm, corporation, or other entity, including the general public, directly or indirectly. Upon the conclusion of Consultant services to the City, Consultant agrees to return all the City’s property and confidential information in Consultant’s custody, possession, or control to Company.
26. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the Parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non- material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both Parties.
27. Notices.Any notices required or permitted under this Agreement shall be effective when delivered in person; and effective one (1) business day after delivery by facsimile transmission; and effective five (5) calendar days after mailing by U.S. Mail, postage prepaid and properly addressed as follows:
To Consultant: Elevate Public Affairs, LLC
10474 Santa Monica Boulevard, Suite 405
Los Angeles, California 90025
Attn: Becky Warren, Principal
(323) 834-9987
( ) - fax.
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
(310) 605-5585
(310) 761-1429 – fax.
In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.
30. Miscellaneous.No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.
Professional Services Agreement – Elevate Public Affairs, LLC Public Information Official/Spokesperson Services
City Manager’s Office/Resolution No. ________
Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or Parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or Parties against whom enforcement is sought.
IN WITNESS WHEREOF, CONSULTANT has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement.
ELEVATE PUBLIC AFFAIRS, LLC
CONSULTANT
Dated: _______________ By ____________________________________ Becky Warren, Principal
CITY OF COMPTON
Approved by:
Dated: _______________ By _____________________________________ Thomas Thomas, City Manager
Approved as to form:
By _________________________________ Dated: ___________________ Eric Perrodin, City Attorney
ATTEST:
Dated: _________________ By _____________________________________ Alita Godwin, City Clerk
July 26, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CITY CLERK
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON ORDERING THAT TWO MEASURES BE
SUBMITTED TO THE VOTERS OF THE CITY AT THE SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022,
TO AMEND THE CITY OF COMPTON CHARTER IN
CONNECTION WITH REDUCING THE NUMBER OF REQUIRED
MONTHLY REGULAR CITY COUNCIL MEETINGS,
ELIMINATING PRIMARY NOMINATING ELECTIONS, AND
CHANGING THE DATE OF GENERAL MUNICIPAL ELECTIONS,
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF THE MEASURES
SUMMARY
The attached Resolution authorizes two measures to be placed on the ballot for the Special Municipal Election to be held on November 8, 2022, and to be consolidated with the election to be conducted by the County of Los Angeles on the same date.
BACKGROUND
Section 603 of the Compton City Charter provides that the City Council shall hold at least four regular meetings each month. Changing the minimum number of monthly City Council meetings requires an amendment to Section 603 of the City’s Charter.
Section 1300 of the City Charter identifies “Primary Nominating Elections” as a type of municipal election. Section 1301 provides that Primary Nominating Elections “shall be held on the third Tuesday in April in each odd-numbered year for the purpose of nominating not exceeding two candidates for each of the elective offices in which vacancies have occurred since the preceding general municipal election, and for such other purposes as may be provided by Charter or ordinance.” Section 1302 of the City Charter provides that General Municipal Elections shall be held on the first Tuesday in June in each odd-numbered year. Eliminating the Primary Nominating Elections requires an amendment to Section 1300 and the deletion of Section 1301. Changing the date of the General Municipal Election to coincide with the Statewide Primary Election requires an amendment to Section 1302, as well as an amendment to Section 500 to ensure that all relevant provisions in the Charter align with this new election date.
A measure to amend the Charter can only be enacted by a majority vote of the City’s voters.
Ordinance No. ____________ calls a Special Municipal Election to be held on November 8, 2022.
20.20. Staff Report – Resolution Regarding Charter Amendments
STATEMENT OF THE ISSUES
Council has requested the following Charter Amendment measures:
(1) Shall the measure amending the Compton City Charter to reduce the number of required monthly regular City Council meetings from four to two be adopted? (2) Shall the measure amending the Compton City Charter to eliminate the City’s primary nominating election, change the City’s general municipal election date to coincide with the statewide primary election, and make other related and technical changes to the City’s election procedures and terms of office, be adopted?
If approved by the voters, the Charter amendments would reduce the number of required monthly regular City Council meetings and/or change the date of the General Municipal Election to align with the Statewide Primary Election while eliminating the City’s Primary Nominating Election.
FISCAL IMPACT
Los Angeles County will divide election costs among participating cities after costs are determined. Funds for expenditures related to the Special Election are available in the 2022/2023 fiscal year budget.
RECOMMENDATION
Staff has no recommendation on the attached Resolution.
ALITA GODWIN, MMC
CITY CLERK
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ORDERING THAT TWO MEASURES BE SUBMITTED TO THE VOTERS
OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, TO AMEND THE CITY OF COMPTON
CHARTER IN CONNECTION WITH REDUCING THE NUMBER OF
REQUIRED MONTHLY REGULAR CITY COUNCIL MEETINGS,
ELIMINATING PRIMARY NOMINATING ELECTIONS AND
CHANGING THE DATE OF GENERAL MUNICIPAL ELECTIONS, AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS OF THE MEASURES
WHEREAS, by Ordinance No. _________, adopted on ____________, 2022, the City Council has previously called and given notice of the Special Municipal Election to be held on Tuesday, November 8, 2022, and to be consolidated with the election to be conducted by the County of Los Angeles on the same date; and
WHEREAS, the City Council desires to submit to the voters of the City at the Special Municipal Election a ballot measure relating to a Charter amendment to reduce the number of monthly regular City Council meetings; and
WHEREAS, the City Council desires to submit to the voters of the City at the Special Municipal Election a ballot measure relating to a Charter amendment to (1) eliminate the date of the Primary Nominating Election, and (2) change the date of General Municipal Elections to coincide with the statewide primary election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Measures Ordered to be Submitted. Pursuant to its right, power and authority under the laws of the State of California and the Compton Municipal Code, the City Council hereby orders the two measures in Sections 2 and 3 of this Resolution be submitted to the voters at the Special Municipal Election to be held on November 8, 2022.
Section 2. Measure
(a) The City Council does hereby order submitted to the voters at such Special Municipal Election the following measure:
YESShall the measure amending the Compton City Charter to reduce the number of required monthly regular City Council meetings from four to two be adopted?
NO
(b) The text of the proposed amendments to be submitted to the voters is attached hereto as Exhibit “A” and incorporated herein by reference. The proposed measure shall not take effect unless and until approved by a vote of at least a majority of the voters voting on the question at such Special Municipal Election.
RESOLUTION NO. _________________
Section 3. Measure
(a) The City Council does hereby order submitted to the voters at such Special Municipal Election the following measure:
YESShall the measure amending the Compton City Charter to eliminate the City’s primary nominating election, change the City’s general municipal election date to coincide with the statewide primary election, and make other related and technical changes to the City’s election procedures and terms of office, be adopted? NO
(b) The text of the proposed amendments to be submitted to the voters is attached hereto as Exhibit “B” and incorporated herein by reference. The proposed measure shall not take effect unless and until approved by a vote of at least a majority of the voters voting on the question at such Special Municipal Election.
Section 4. Impartial Analysis. The City Clerk is hereby directed to forward a copy of the measures to be voted on at such Special Municipal Election to the City Attorney and the City Attorney is hereby directed to prepare an impartial analysis of the measures pursuant to Elections Code Section 9280.
Section 5. Ballot Argument. The City Council hereby authorizes any of its members to submit a ballot argument in favor of either or both of the measures to be voted on at said Special Municipal Election pursuant to Elections Code Section 9282.
Section 6. Conduct of the Special Municipal Election. In all particulars not recited in this Resolution, the Special Municipal Election shall be held and conducted as provided by law for holding municipal elections. All persons qualified and registered to vote in the City of Compton as of the date of such election shall be entitled to vote.
Section 7. Notice of Time and Place of Holding Election. Notice of the time and place of holding the Special Municipal Election is hereby given and the City Clerk is authorized instructed, and directed to give further or additional notice of the election, in the time, form and manner as required by law.
Section 8. Further Council Action. If the proposed measures are approved by a vote of at least a majority of the voters voting on the questions at the Special Municipal Election, the Council shall forthwith take any required action to make any necessary changes to the Compton Municipal Code so that the Municipal Code is consistent with the Charter, as amended.
Section 9. Filing Copies of Resolution. Copies of this Resolution shall be filed in the offices of the City Clerk, City Manager, and City Attorney and with the Board of Supervisors and Registrar of Voters of the County of Los Angeles.
Section 10. Signature and Attestation. The Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution and shall cause the same to be published as required by law.
RESOLUTION NO. ____________
ADOPTED this __________day of___________, 2022.
___________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
________________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Alita L. Godwin, City Clerk of the City of Compton, do hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested to by the City Clerk at a special meeting thereof held on the _______day of ______________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
________________________________________
CITY CLERK OF THE CITY OF COMPTON
EXHIBIT A
The People of the City of Compton do hereby amend the Charter of the City of Compton as follows:
1. Section 603 of Article VI of the Charter of the City of Compton is amended in its entirety to read as follows (text to be deleted shown in strikethrough and text to be added shown in double underline):
“Section 603. Regular Meetings. The City Council shall hold at least twofour regular meetings each month, at such times as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes.”
2. The City Clerk is directed to certify to the passage of this Charter Amendment and to file it in the Office of the Secretary of State forthwith, and to take such other actions as are necessary to give effect to its passage.
PASSED AND ADOPTED BY THE VOTERS THIS ______ DAY OF ____________, 2022.
EXHIBIT B
The People of the City of Compton do hereby amend the Charter of the City of Compton as follows:
1. Section 500 of Article V of the Charter of the City of Compton is amended in its entirety to read as follows (text to be deleted shown in strikethrough and text to be added shown in double underline):
“Section 500. Enumeration of and Term. The elective officers of the City shall consist of:
A City Council composed of five (5) members who are registered voters of the City, four (4) to be residents of their respective districts and nominated and elected only by the residents of their respective districts. The fifth shall be nominated and elected from the City at large and shall hold the office of Mayor:
Other elected officers of the City shall be:
A City Clerk;
A City Treasurer; and
A City Attorney.
All of the elected officers shall serve for a term of four (4) years. The terms of office of the members of the City Council residing in districts Two and Three, and the terms of office of the Mayor, City Clerk, City Treasurer and City Attorney elected in 1969 shall expire in the year 1973.
The terms of office of the present members of the City Council residing in districts One and Four shall expire in the year 1971.
Notwithstanding the preceding paragraph, in order to transition to new elections dates starting in 2024, each elected officer whose term of office would have expired on June 30, 2023 when the successor was elected and qualified, shall continue in office until the successor is elected and qualified on the first of the calendar month following the certification of the results of the General Municipal Election in 2022. Each elected officer whose term of office would have expired on June 30, 2023, when the successor was elected and qualified, shall continue in office until the successor is elected and qualified on the first of the calendar month following the certification of the results of the General Municipal Election in 2024.
Starting in the year 2022, the terms of office of the Mayor, City Clerk, City Treasurer, City Attorney, and Councilmembers elected from District 2 and District 3 shall commence in the year 2026 and in each fourth anniversary of the year 2022, and the terms of office of Councilmembers elected from District 1 and District 4 shall commence in the year 2024 and in each fourth anniversary of the year 2024.
The terms of all elective officers shall commence on Julythe Ffirst of the calendar month following their certification of the election results and each shall serve until his successor is elected and qualified. Any ties in voting shall be settled by the casing of lots.
Provided, however, the City Council, on and after the operative date (as the term “operative date” is hereafter defined) shall be composed of seven (7) members, six (6) to be residents of their respective districts and nominated and elected only by the residents of their respective districts, and the seventh to be both nominated and elected from the City at large, and to be known as the Mayor.
At any time when the City Council finds by ordinance adopted by not less than four (4) affirmative votes that the population of the City exceeds 100,000 persons, the City Council shall thereupon, and within sixty (60) days after the effective date of such ordinance, adopt an ordinance by at least three (3) affirmative votes dividing the City into six (6) Districts for the purpose of electing members of the Council.
Said districts so revised and fixed shall comprise as nearly as practicable equal numbers of voters as determined by records of the registration of voters of Los Angeles County on file with the Registrar of Voters of said County and be composed of contiguous and compact territory and bounded by natural boundaries of street lines.
The ordinance shall provide the districts so that each Councilman then in office will reside within the district bearing the number of the district from which he was elected and District 5 and District 6 shall not include the residence of any of the members of the Council except that either such districts may include the residence of the Mayor.
Within thirty (30) days after the effective date of the ordinance establishing six (6) council district, the Council shall in the manner provided by law, call a special election for the purpose of holding an election for a councilman from District 5 and a councilman from District 6. If any candidate receives a majority for either of such offices, the City Council shall declare such candidate or candidates (as the case may be) elected. If no candidate for either or both of such offices receives a majority, a final election shall be held on the Fourth Tuesday following said election between the two candidates receiving the highest vote in the first election of each or either of said offices.
Following said second election, the City Council shall declare the candidate receiving the highest vote for each or either of said offices elected.
Such election, including the nominations, notice, canvass and other proceedings, shall follow as near as may be practicable the procedures for elections. The Council may provide procedures for such elections by ordinance.
When the Council has declared a candidate elected for Districts 5 and a candidate elected for District 6, the provisions for a seven (7) member City Council shall become operative at 12:01 a.m. on the seventh day after such declaration or if candidates are declared elected in the two districts at different times, at 12:01 a.m. on the seventh day after the last such declaration. Such seventh day is herein defined as the operative dated.
The Councilman elected in the first instance from District 5 shall serve a term that shall commence on the operative date and shall end at the same time that the term of the councilman from District 1 ends. The Councilman elected in the first instance from District 6 shall serve a term that shall commence on the operative date and end at the same time as the term of the councilman from District 2 ends.
Councilmen thereafter elected from Districts 5 and 6 shall serve for a term of four (4) years.
On and after the operative date, the City shall be divided into six (6) districts notwithstanding the provisions of Section 501 of this Charter.
Notwithstanding the provisions of Section 502 of the Charter, and after the operative date, the City Council may change the boundaries of the Six Districts into which the City has been divided by ordinance adopted by at least five (5) affirmative votes whenever in the opinion of the City Council such is necessary to better equalize the population among the respective districts.
On and after the operative date whenever the provisions of the Charter call for three (3) affirmative votes, or the concurrence of the three (3) members of the City Council; or otherwise provide for an action to be taken by three (3) members of the City Council, such provisions shall be construed to require four (4) affirmative votes, or the concurrence of four (4) members of the City Council or otherwise provide for an action to be taken by four (4) members of the City Council.
On and after the operative date whenever the provisions of the Charter call for four (4) affirmative votes, or the concurrence of four (4) members of the City Council, or otherwise provide for an action to be taken by four (4) members of the City Council such provision shall be construed to require six (6) affirmative votes, or the concurrence of six (6) members of the City Council, or otherwise provide for an action to be taken by six (6) members of the City Council.
Notwithstanding the provisions of Section 502 of this Charter, on and after the operative date, a person shall be deemed to have been a resident of the City or a district, at a place which is, at the time of the election, within the City or the District.”
2. Section 1301 of Article XIII of the Charter of the City of Compton is deleted in its entirety.
“Section 1301. Primary Nominating Elections. Primary Nominating Elections shall be held on the third Tuesday in April in each odd-numbered year for the purpose of nominating not exceeding two candidates for each of the elective offices in which vacancies have occurred since the preceding general municipal election, and for such other purposes as may be provided by Charter or ordinance. The primary nominating election may be consolidated with the election of the Compton Unified School District.”
3. Section 1302 of Article XIII of the Charter of the City of Compton is amended in its entirety to read as follows (text to be deleted shown in strikethrough and text to be added shown in double underline):
“Section 1302. General Municipal Elections. General Municipal Elections shall be held on the first Tuesday in June in each evenodd-numbered year concurrent with the statewide primary election for the purpose of electing officers of the City to fill the vacancies and expiring terms in the elective offices and for such other purpose as may be provided by Charter or Ordinance. To allow for the orderly transition to holding General Municipal Elections in even-numbered years, the General Municipal Election that was previously scheduled for June 2023 shall be moved to the date of the statewide primary election in 2024.
Notwithstanding any other provision of this Sectionthe foregoing, the general election date of the General Municipal Election may be changed by ordinance adopted not later than December 1 of any oddeven-numbered year, if the date stated in the ordinance is not later than June 15th of the evenodd-numbered year and will permit consolidation of the next election with that of another public entity.”
4. The City Clerk is directed to certify to the passage of this Charter Amendment and to file it in the Office of the Secretary of State forthwith, and to take such other actions as are necessary to give effect to its passage.
PASSED AND ADOPTED BY THE VOTERS THIS ______ DAY OF ____________, 2022.
July 26, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CITY CLERK
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COMPTON CALLING AND PROVIDING FOR A SPECIAL
MUNICIPAL ELECTION TO BE HELD IN THE CITY OF
COMPTON ON NOVEMBER 8, 2022 FOR THE SUBMISSION TO
THE VOTERS OF THE CITY TWO MEASURES TO AMEND THE
CITY OF COMPTON CHARTER IN CONNECTION WITH
REDUCING THE NUMBER OF REQUIRED MONTHLY
REGULAR CITY COUNCIL MEETINGS, AND ELIMINATING
PRIMARY NOMINATING ELECTION AND CHANGING THE
DATE OF THE GENERAL MUNICIPAL ELECTION
SUMMARY
The attached Ordinance calls and gives notice of a Special Municipal Election to be held on November 8, 2022, and to be consolidated with the election to be conducted by the County of Los Angeles on the same date.
BACKGROUND
The Compton City Charter serves as the local Constitution for the City of Compton and authorizes the City Council to control municipal affairs. Article XIII of the Charter governs municipal elections and provides that other than Primary Nominating Elections and General Municipal Elections, all other municipal elections that may be held by authority of the Charter, or of any law, shall be known as Special Municipal Elections and shall be called by ordinance.
The attached Ordinance calls and gives notice of a Special Municipal Election to be held on November 8, 2022 for the submission of the following ballot measures to the voters of the City:
1. A measure to amend the City of Compton Charter to reduce the number of required monthly regular City Council meetings; and
2. A measure to amend the City of Compton Charter to eliminate the City’s primary nominating Election, change the City’s general municipal election date to coincide with the statewide primary election, and make other related and technical changes to the City’s election procedures and terms of office, be adopted?
The attached Ordinance provides that in all particulars not recited in the attached Ordinance or in Council resolutions ordering measures to be submitted to the voters of the City at the Special Municipal Election, the Special Municipal Election shall be held and conducted as provided by law for holding municipal elections. All persons qualified and registered to vote in the City of Compton as of the date of said election shall be entitled to vote.
21.21. The attached Ordinance relates to the calling of an election and shall take effect immediately upon its adoption.
FISCAL IMPACT
Los Angeles County will divide election costs among participating cities after costs are determined. Funds for expenditures related to the Special Election are available in the 2022/2023 fiscal year budget.
RECOMMENDATION
Staff has no recommendation on the attached Ordinance.
ALITA GODWIN, MMC
CITY CLERK
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON
CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION
TO BE HELD IN THE CITY OF COMPTON ON NOVEMBER 8, 2022 FOR
THE SUBMISSION TO THE VOTERS OF THE CITY TWO MEASURES
TO AMEND THE CITY OF COMPTON CHARTER IN CONNECTION
WITH REDUCING THE NUMBER OF REQUIRED MONTHLY
REGULAR CITY COUNCIL MEETINGS, AND ELIMINATING
PRIMARY NOMINATING ELECTION AND CHANGING THE DATE OF
GENERAL MUNICIPAL ELECTION
THE CITY COUNCIL OF THE CITY OF COMPTON DOES ORDAIN AS FOLLOWS:
Section 1. Calling and Giving Notice of Special Municipal Election. Pursuant to its right, power and authority under the laws of the State of California and the Compton Municipal Code and Charter, the City Council hereby calls and gives notice of a Special Municipal Election to be held in the City of Compton on Tuesday, November 8, 2022, to be consolidated with the election to be conducted by the County of Los Angeles on the same date. The City Clerk is hereby authorized, instructed and directed to give further or additional notice of the Special Municipal Election, in the time, form, and manner as required by law.
Section 2. Measures to Amend the City of Compton Charter. Two Measures to Amend the City of Compton Charter shall appear on the Special Municipal Election ballot as follows:
YES
Shall the measure amending the Compton City Charter to reduce the number of required monthly regular City Council meetings from four to two be adopted?
NO
YESShall the measure amending the Compton City Charter to eliminate the City’s primary nominating election, change the City’s general municipal election date to coincide with the statewide primary election, and make other related and technical changes to the City’s election procedures and terms of office, be adopted?
NO
The proposed measures described in this Section 2 shall not take effect unless and until approved by a vote of at least a majority of the voters voting on the question at said Special Municipal Election.
Section 3. Conduct of the Special Municipal Election. In all particulars not recited in this Ordinance or in Council resolutions ordering measures to be submitted to the voters of the City at the Special Municipal Election, the Special Municipal Election shall be held and conducted as provided by law for holding municipal elections. All persons qualified and registered to vote in the City of Compton as of the date of said election shall be entitled to vote. The City Clerk is hereby authorized, instructed and directed to procure and furnish any and all supplies and equipment that may be necessary in order to properly and lawfully conduct the election. The City Council recognizes that additional costs will be incurred by the County by reason of this consolidation and ORDINANCE NO. ____________
agrees to reimburse the County for any such costs upon presentation of reasonably detailed invoices.
Section 4. Severability. The City Council declares that, should any provision, section, subsection, sentence, paragraph, clause, phrase or word of this Ordinance hereby adopted, be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, subsections, sentences, paragraphs, clauses, phrases or words of this Ordinance hereby adopted shall remain in full force and effect.
Section 5. Effective Date. This Ordinance relates to the calling of an election and shall take effect immediately upon its adoption.
Section 6. Filing Copies of Ordinance. Copies of this Ordinance shall be filed in the offices of the City Clerk, City Manager and City Attorney, and with the County of Los Angeles Board of Supervisors and Registrar of Voters.
Section 7. Publication or Posting of Ordinance. The City Clerk shall cause this Ordinance or a summary of this Ordinance to be published or posted in accordance with the City of Compton Charter.
Section 8. Signature and Attestation. The Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance.
ADOPTED this ________ day of____________, 2022.
___________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
________________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Alita L. Godwin, City Clerk of the City of Compton, do hereby certify that the foregoing Ordinance was adopted by the City Council, signed by the Mayor, and attested to by the City Clerk at a special meeting thereof held on the ________ day of____________, 2022.
That said Ordinance was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
________________________________________
CITY CLERK OF THE CITY OF COMPTON
July 26, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CITY CLERK
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES TO CONSOLIDATE A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER
8, 2022, WITH THE ELECTION TO BE CONDUCTED BY THE
COUNTY OF LOS ANGELES ON THE SAME DATE PURSUANT
TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE
SUMMARY
The attached Resolution requests the Board of Supervisors of Los Angeles County to consolidate a Special Municipal Election to be held on November 8, 2022 with the election to be conducted by the County of Los Angeles on the same date.
BACKGROUND
At this meeting, the City Council previously considered Ordinance No. __________, calling and providing for a Special Municipal Election to be held in the City of Compton on November 8, 2022; Resolution No. _________ ordering two measures proposing charter amendments to be submitted to the voters at the Special Municipal Election.
The Council desires that the Special Municipal Election be consolidated with the election to be conducted by Los Angeles County on the same date and that, within the City, the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters of the County of Los Angeles conduct the election and canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election.
The attached Resolution requests the County Board of Supervisors to consent and agree to the consolidation of the Special Municipal Election with the election to be conducted by the County of Los Angeles on Tuesday, November 8, 2022.
FISCAL IMPACT
Additional costs will be incurred by the County by reason of the consolidation of the Special Municipal Election, and the City will reimburse the County for such costs.
22.22. Staff Report – Resolution Requesting Consolidation
RECOMMENDATION
Staff has no recommendation on the attached Resolution.
ALITA GODWIN, MMC
CITY CLERK
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH
THE ELECTION TO BE CONDUCTED BY THE COUNTY OF LOS
ANGELES ON THE SAME DATE PURSUANT TO SECTION 10403 OF
THE CALIFORNIA ELECTIONS CODE
WHEREAS, on July 26, 2022, the City Council adopted Ordinance No. ____________ calling and providing for a Special Municipal Election to be held in the City of Compton on November 8, 2022, which Ordinance became effective immediately; and WHEREAS, on July 26, 2022, the City Council of the City of Compton adopted Resolution No. __________, ordering two measures to be submitted to the voters at the Special Municipal Election, as described in Section 2 hereof; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the election to be conducted by Los Angeles County on the same date and that, within the City, the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters of the County of Los Angeles conduct the election and canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON HEREBY RESOLVES AS FOLLOWS:
Section 1.That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the election to be conducted by the County of Los Angeles on Tuesday, November 8, 2022, for the purpose of submitting the Measures set forth in Section 2 to the voters.
Section 2.That two Measures are to appear on the Special Municipal Election ballot as follows:
YES
Shall the measure amending the Compton City Charter to reduce the number of required monthly regular City Council meetings from four to two be adopted?
NO
YESShall the measure amending the Compton City Charter to eliminate the City’s primary nominating election, change the City’s general municipal election date to coincide with the statewide primary election, and make other related and technical changes to the City’s election procedures and terms of office, be adopted?
NO
RESOLUTION NO. ________________
Section 3. That the Registrar of Voters of the County of Los Angeles is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with Section 10418 of the California Elections Code and other provisions of law regulating the Special Municipal Election.
Section 4. That the Registrar of Voters of the County of Los Angeles shall conduct the election and canvass the returns of the Special Municipal Election and the election shall be held in all respects as if there were only one election.
Section 5. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters of the County of Los Angeles to take any and all steps necessary for the holding of the consolidated election.
Section 6. That the City Council recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs upon presentation of reasonably detailed invoices. The City Clerk is authorized to contract with the County as necessary to facilitate the consolidated election.
Section 7.That the City Clerk is hereby requested to file a certified copy of this resolution with the Board of Supervisors and Registrar of Voters of the County of Los Angeles forthwith, and not later than 5:00 p.m. on August 12, 2022.
Section 8.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _________day of____________, 2022.
MAYOR OF THE CITY OF COMPTON
ATTEST:
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Alita L. Godwin, City Clerk of the City of Compton, do hereby certify that the foregoing resolution was adopted by the City Council, signed by the Mayor, and attested to by the City Clerk at a special meeting thereof held on the ______ day of ____________, 2022.
That said resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
________________________________________
CITY CLERK OF THE CITY OF COMPTON
July 26, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CITY CLERK
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON ORDERING THAT TWO MEASURES BE
SUBMITTED TO THE VOTERS OF THE CITY AT THE SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022,
TO AMEND THE CITY OF COMPTON CHARTER IN
CONNECTION WITH REDUCING THE NUMBER OF REQUIRED
MONTHLY REGULAR CITY COUNCIL MEETINGS AND
CHANGING THE DATE OF PRIMARY NOMINATING
ELECTIONS AND GENERAL MUNICIPAL ELECTIONS, AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF THE MEASURES
SUMMARY
The attached Resolution authorizes two measures to be placed on the ballot for the Special Municipal Election to be held on November 8, 2022, and to be consolidated with the election to be conducted by the County of Los Angeles on the same date.
BACKGROUND
Section 603 of the Compton City Charter provides that the City Council shall hold at least four regular meetings each month. Changing the minimum number of monthly City Council meetings requires an amendment to Section 603 of the City’s Charter.
Section 1301 of the Compton City Charter provides that Primary Nominating Elections shall be held on the third Tuesday in April in each odd-numbered year, and Section 1302 provides that General Municipal Elections shall be held on the first Tuesday in June in each odd-numbered year.
Changing the date of the City’s Primary Nominating Election and General Municipal Election to align the latter with the Statewide Primary Election requires amendments to Sections 500, 1301, and 1302 of the City’s Charter to ensure that all relevant provisions in the Charter align with the new election dates.
A measure to amend the Charter can only be enacted by a majority vote of the City’s voters.
Ordinance No. ____________ calls a Special Municipal Election to be held on November 8, 2022.
23.23. Staff Report – Resolution Regarding Charter Amendments
STATEMENT OF THE ISSUES
Council has requested the following Charter Amendment measures:
(1) Shall the measure amending the Compton City Charter to reduce the number of required monthly regular City Council meetings from four to two be adopted? (2) Shall the measure amending the Compton City Charter to change the City’s general municipal election date to coincide with the statewide primary election, change the date of the City’s primary nominating election to an established election date, and make other related and technical changes to the City’s election procedures and terms of office, be adopted?
If approved by the voters, the Charter amendments would reduce the number of required monthly regular City Council meetings and/or change the dates of the Primary Nominating Election and General Municipal Election to align the latter with the Statewide Primary Election.
FISCAL IMPACT
Los Angeles County will divide election costs among participating cities after costs are determined. Funds for expenditures related to the Special Election are available in the 2022/2023 fiscal year budget.
RECOMMENDATION
Staff has no recommendation on the attached Resolution.
ALITA GODWIN, MMC
CITY CLERK
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ORDERING THAT TWO MEASURES BE SUBMITTED TO THE VOTERS
OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, TO AMEND THE CITY OF COMPTON
CHARTER IN CONNECTION WITH REDUCING THE NUMBER OF
REQUIRED MONTHLY REGULAR CITY COUNCIL MEETINGS AND
CHANGING THE DATE OF PRIMARY NOMINATING ELECTIONS AND
GENERAL MUNICIPAL ELECTIONS, AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE
MEASURES
WHEREAS, by Ordinance No. __________, adopted on ____________, 2022, the City Council has previously called and given notice of the Special Municipal Election to be held on Tuesday, November 8, 2022, and to be consolidated with the election to be conducted by the County of Los Angeles on the same date; and
WHEREAS, the City Council desires to submit to the voters of the City at the Special Municipal Election a ballot measure relating to a Charter amendment to reduce the number of monthly regular City Council meetings; and
WHEREAS, the City Council desires to submit to the voters of the City at the Special Municipal Election a ballot measure relating to a Charter amendment to (1) change the date of the Primary Nominating Elections to an established election date, and (2) change the date of General Municipal Elections to coincide with the statewide primary election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Measures Ordered to be Submitted. Pursuant to its right, power and authority under the laws of the State of California and the Compton Municipal Code, the City Council hereby orders the two measures in Sections 2 and 3 of this Resolution be submitted to the voters at the Special Municipal Election to be held on November 8, 2022.
Section 2. Measure
(a) The City Council does hereby order submitted to the voters at such Special Municipal Election the following measure:
YESShall the measure amending the Compton City Charter to reduce the number of required monthly regular City Council meetings from four to two be adopted?
NO
(b) The text of the proposed amendments to be submitted to the voters is attached hereto as Exhibit “A” and incorporated herein by reference. The proposed measure shall not take effect unless and until approved by a vote of at least a majority of the voters voting on the question at such Special Municipal Election.
RESOLUTION NO. _________________
Section 3. Measure
(a) The City Council does hereby order submitted to the voters at such Special Municipal Election the following measure:
YESShall the measure amending the Compton City Charter to change the City’s general municipal election date to coincide with the statewide primary election, change the date of the City’s primary nominating election to an established election date, and make other related and technical changes to the City’s election procedures and terms of office, be adopted?
NO
(b) The text of the proposed amendments to be submitted to the voters is attached hereto as Exhibit “B” and incorporated herein by reference. The proposed measure shall not take effect unless and until approved by a vote of at least a majority of the voters voting on the question at such Special Municipal Election.
Section 4. Impartial Analysis. The City Clerk is hereby directed to forward a copy of the measures to be voted on at such Special Municipal Election to the City Attorney and the City Attorney is hereby directed to prepare an impartial analysis of the measures pursuant to Elections Code Section 9280.
Section 5. Ballot Argument. The City Council hereby authorizes any of its members to submit a ballot argument in favor of either or both of the measures to be voted on at said Special Municipal Election pursuant to Elections Code Section 9282.
Section 6. Conduct of the Special Municipal Election. In all particulars not recited in this Resolution, the Special Municipal Election shall be held and conducted as provided by law for holding municipal elections. All persons qualified and registered to vote in the City of Compton as of the date of such election shall be entitled to vote.
Section 7. Notice of Time and Place of Holding Election. Notice of the time and place of holding the Special Municipal Election is hereby given and the City Clerk is authorized instructed, and directed to give further or additional notice of the election, in the time, form and manner as required by law.
Section 8. Further Council Action. If the proposed measures are approved by a vote of at least a majority of the voters voting on the questions at the Special Municipal Election, the Council shall forthwith take any required action to make any necessary changes to the Compton Municipal Code so that the Municipal Code is consistent with the Charter, as amended.
Section 9. Filing Copies of Resolution. Copies of this Resolution shall be filed in the offices of the City Clerk, City Manager, and City Attorney and with the Board of Supervisors and Registrar of Voters of the County of Los Angeles.
Section 10. Signature and Attestation. The Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution and shall cause the same to be published as required by law.
RESOLUTION NO. ____________