Compton City Council
March 19, 2024

Members of the public may address the City Council on any item shown on the agenda or matter of the Council’s authority after completion of “Request to Address the Council Form” available in the lobby of the Council Chambers or in the City Clerk’s office. This form must be completed 15 minutes prior to the scheduled meeting time.

Pursuant to Section 54957.5 of the California Government Code, Any writings (Except for those writings which are exempt from disclosure) which are distributed to all or a majority of the members of the City Council are available for public inspection in the lobby of the City Council Chambers and in the office of the City Clerk during regular business hours.

COMPTON CITY COUNCIL
AGENDA
03/19/2024
5:30 PM

CITY COUNCIL CHAMBERS
205 S. WILLOWBROOK AVE
COMPTON, CA 90220

OPENING

MOMENT OF SILENCE

PLEDGE OF ALLEGIANCE

ROLL CALL

COMMENDATORY RESOLUTIONS/PRESENTATIONS

1. POWERPOINT PRESENTATION: SISTER CITY - VICTORIA, SEYCHELLES - (Councilmember Andre Spicer)

2. PRESENTATION: IN RECOGNITION OF NATIONAL WOMEN'S MONTH COMMUNITY BUSINESS APPRECIATION - (Councilwoman Lillie Darden)

3. PRESENTATION: GATEWAY CITIES COUNCIL OF GOVERNMENTS - EXECUTIVE DIRECTOR DE LA TORRE (Mayor Sharif)

PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
-2- City Council Agenda
3/19/2024 5:30PM

REGULAR AGENDA

NEW BUSINESS

4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICE AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER FOR W.

FRANK NEWTON, INC. DBA WFN CONSULTING TO PROVIDE GRANT
ADMINISTRATIVE SERVICES ($131,550)

5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,479 AND AMENDING THE 2023-2024 FISCAL YEAR BUDGET TO APPROPRIATE AND RATIFY THE CITY’S

ACCEPTANCE OF THE CALIFORNIA DEPARTMENT OF THE JUSTICE

DIVISION OF OPERATIONS GRANT TO ENFORCE A LOCAL ORDINANCE OF

STATE LAW RELATED TO ILLEGAL SALE AND MARKETING OF TOBACCO PRODUCTS TO MINORS ($550,455)

6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON PROCLAIMING MARCH AS “WOMEN’S HISTORY MONTH” IN THE CITY OF

COMPTON

7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER

WITH THE BLUE DIAMOND COMPANY FOR THE PURCHASE OF ASPHALT

MATERIAL FOR CITYWIDE ROAD REPAIR IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000)

8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER FOR THE STATE

WATER RESOURCES CONTROL BOARD (SWRCB) FOR THE PAYMENT OF

WATER SYSTEM ANNUAL FEES IN THE AMOUNT OF ONE HUNDRED
THOUSAND FOUR HUNDRED AND TWENTY-THREE DOLLARS AND THIRTYNINE CENTS ($100,423.39) FOR FISCAL YEARS 22-23 ($48,332.98 AND 23-24 ($52,090.41).

9. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF

COMPTON AND CITY VENTURES HOMEBUILDING, LLC A DELAWARE
LIMITED LIABILITY COMPANY, TO ENABLE THE DEVELOPMENT OF A 60-UNIT

MARKET-RATE HOUSING DEVELOPMENT PROJECT ON THAT CERTAIN LAND LOCATED AT 930 WEST COMPTON BOULEVARD, COMPTON,

CALIFORNIA (FIRST READING)

10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE WATER DEPARTMENT’S 2023-2024 FISCAL YEAR BUDGET

TO ACCEPT AND APPROPRIATE ONE HUNDRED TWENTY- NINE THOUSAND TWO HUNDRED TWELVE DOLLARS ($129,212.00) FOR CALRECYCLE GRANT – ROUND 3
-3- City Council Agenda
3/19/2024 5:30PM

COUNCIL COMMENTS

ADJOURNMENT
NEXT REGULAR MEETING: 3/26/2024 5:30PM
Visit our website at http://www.comptoncity.org
March 19, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER

SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON AUTHORIZING THE CITY MANAGER TO ENTER

INTO A PROFESSIONAL SERVICE AGREEMENT WITH AND
ESTABLISH A PURCHASE ORDER FOR W. FRANK NEWTON,
INC. DBA WFN CONSULTING TO PROVIDE GRANT
ADMINISTRATIVE SERVICES ($131,550)

SUMMARY
Adoption of this resolution will authorize the City Manager to enter into a one year (March 2024 through March 2025) professional services agreement with W. Frank Newton, Inc, dba WFN Consulting to provide grant administrative services and establish a purchase order in the amount of One Hundred Thirty One Thousand, Five Hundred and Fifty Dollars ($131,550).

BACKGROUND
The City’s objective is to select a professional consultant to assist the Grants Division with developing and implementing numerous programs, documents for the successful management and administration of CDBG, HOME, HOME-ARP and other income-based programs. In October 2021, U.S. Department of Housing and Urban Development (HUD) sent a memo to the City, stating that “Restarting the Corrective Action Process for Untimely Expenditure”, means that HUD is treating this non-compliance as a failure to meet the 1.5 standard for a second consecutive year. During that time, the City was forced to layoff several employees due to loss of revenue as a direct result of the global pandemic. Due to staff turnover and shortages, the City was unable to address the untimely expenditures. The selected consultant will have a complete understanding of the status of the City as it relates to the corrective actions needed for the untimely expenditures.

On November 2, 2023, the Grants Division advertised for grant administrative services. An essential component of this RFP was to obtain the services of a qualified and experienced firm understanding the grant cycle from proposal stage to the grant/contract closeout process. The selected consultant must have experience administering all aspects of HUD-funded programs for municipalities.

On December 7, 2023, the City received eight (8) proposals that were reviewed and ranked by staff. The eight (8) proposals were ranked based on their responsiveness, qualifications, costs, work experience and profession expertise.

4. Staff Report – Authorizing Professional Service Agreement with W. Frank Newton, Inc. DBA WFN Consulting to
Provide Grant Administrative Services
March 19, 2024, Page 2
The following eight (8) proposal are as follow:

Firm Amount Service Proposed
APTIM $76,000 Annually Grant Administrative Services
B-Adair $105.00 Hourly Grant Administrative Services
Iparametrics $206.00 Hourly Grant Administrative Services MVN & Associates $113.25 Hourly Grant Administrative Services The Ramsey Group $110.00 Hourly Grant Administrative Services Royo Reality $75.00 Hourly Grant Administrative Services Willdan Engineering $449,070 Annually Grant Administrative Services WFN Consulting $131,550 Annually Grant Administrative Services The scope of work for grant administrative services described within the RFP shall include all of the following, but not limited to:
 Knowledge - Minimum of three (3) year’s federal grant administration experience to a public agency is required not limited to CDBG, HOME, and

HOME-ARP
 Reference – Submitters that have demonstrated a positive relationship with municipal agencies and/or housing division within a public agency  Pricing – Based upon the reasonable hourly rates of personnel identified to carry out services

SELECTION PROCESS
Pursuant to the Request for Proposals, it was requested that firms respond with their qualifications, scope of service, etc., in one package and their fee in a sealed, separate cover. The proposal review committee reviewed the material in the Request for Proposal (RFP) submitted by the consultants and ranked the most qualified proposals.

The selection of the most qualified firm for grant administrative services was on the basis of demonstrated competence and professional qualifications.

Qualification Based Selection (“QBS”) is where selection is based on the most appropriate provider of professional services; fees are not an initial consideration nor a primary consideration for selection; however, staff will evaluate the price to ensure there is a comparability and consistency to the other proposals. The evaluation process used by the selection committee for ranking the proposal was based upon the completeness of the proposal, consultant’s demonstrated understanding of the scope of services, quality of similar work previously performed by the firm, personnel assigned, resources required to perform the required services, and the proposed schedule of work. Fees are not considered until after the selection of the most qualified firms.

Staff Report – Authorizing Professional Service Agreement with W. Frank Newton, Inc. DBA WFN Consulting to
Provide Grant Administrative Services
March 19, 2024, Page 3
The review committee determined the proposal submitted by WFN Consulting was deemed the most qualified firm to provide the needed grant administrative services for this RFP for the following reasons:
 WFN Consulting has worked with federal, state and local government programs for 41 years
 WFN Consulting has delivered expert analysis, customized training and program management to municipal and county leaders
 WFN Consulting has been entrusted with managing over $779 million in federal grant funds which include the development of numerous planning documents for the successful management and administration of CDBG and HOME and other income-based programs

STATEMENT OF ISSUE
Staff request authorization for the City Manager to enter into a service agreement with WFN Consulting for grant administrative services for the City of Compton, Grants Division.

FINANCIAL IMPACT
Funds in the amount of $131,550 are available in the Community Development Department Fiscal Year budget in Account NO. 2800-540-M11-4266

RECOMMENDATION
Staff recommends that the attached Resolution be adopted.

TURMEL WOODS

GRANTS COMPLIANCE MANAGER

APPROVED FOR FORWARD
WILLIE A. HOPKINS JR.

CITY MANAGER
RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL

SERVICE AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER FOR W. FRANK NEWTON, INC. DBA WFN CONSULTING TO PROVIDE GRANT ADMINISTRATIVE SERVICES ($131,550)
WHEREAS, adoption of this resolution will authorize the City Manager to enter into a one year (March 2024 through March 2025) professional services agreement with W. Frank Newton, Inc, dba WFN Consulting to provide grant administrative services and establish a purchase order in the amount of One Hundred Thirty One Thousand Five Hundred and Fifty Dollars ($131,550); and
WHEREAS, in accordance with the City’s Purchasing Policies, staff issued a Request for Proposal (RFP) on November 2, 2023 to solicit new proposals from qualified and experienced consultants that can assist the City’s Grant Divisions in grant administrative services and implementation of CDBG, HOME and HOME-ARP programs; and
WHEREAS, On December 7, 2023, the City received eight (8) proposals that were reviewed and rated by staff. The eight (8) proposals 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 Thirty One Thousand Five Hundred and Fifty Dollars ($131,550) is available in the 2023-2024 Fiscal Year Budget in the Community Development Department Budget in Account NO. 2800-540-M11- 4266; and
WHEREAS, staff recommends and requests authority to enter into one (1) year contract with the option of an additional one-year extensions, at a maximum of One Hundred Thirty One Thousand Five Thousand and Fifty Dollars ($131,550) per contract year, in which funding will be appropriated in future Community Development Department budget.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the City Manager, on the advice and approval of the City Attorney, is hereby authorized to accept the proposal of W. Frank Newton, Inc. dba WFN Consulting and enter into a one (1) year (i.e. March 2024 through March 2025) professional services agreement, with authority to enter into an additional one (1) year contract extension, for the provision of grant administrative services and implementation of CDBG, HOME and HOME-ARP programs for the Grants Division.

Resolution No. _______________

SECTION 2. That funds for services rendered during the 2023-2024 Fiscal Year have been appropriated in the Community Development Department’s 2023-2024 Fiscal Year Budget (Account No. 2800-540-M11-4266), in the amount of One Hundred Thirty One Thousand Five Hundred and Fifty Dollars ($131,550).

SECTION 3. That a purchase order in the amount of $131,550 is authorized to be established for WFN Consulting for Grant Administrative Services from Account NO. 2800-540-M11-4266.

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.

ADOPTED this __________ day of _____________, 2024.
________________________________

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, Vernell McDaniel, 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 _________________, 2024.

Resolution No. _______________

That said Resolution was adopted by the following vote, to wit:

AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERSABSENT: COUNCIL MEMBERS- ____________________________________

CITY CLERK OF THE CITY OF COMPTON

March 19, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,479 AND AMENDING THE 2023- 2024 FISCAL YEAR BUDGET TO APPROPRIATE AND RATIFY THE
CITY’S ACCEPTANCE OF THE CALIFORNIA DEPARTMENT OF THE

JUSTICE DIVISION OF OPERATIONS GRANT TO ENFORCE A LOCAL

ORDINANCE OF STATE LAW RELATED TO ILLEGAL SALE AND
MARKETING OF TOBACCO PRODUCTS TO MINORS ($550,455)

SUMMARY
Adoption of this resolution will rescind Resolution No. 25,479 adopted by the Mayor and Council on May 18, 2021 and authorize the City Manager to amend the 2023-2024 Fiscal Year budget to appropriate California Department of Justice (“DOJ”) Tobacco Grant funds in the amount of Five Hundred Fifty Thousand, Four Hundred Fifty-Five dollars ($550,455.00) to enforce a local ordinance or state law related to the illegal sale and marketing of tobacco products to minors.

BACKGROUND
The California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (“Proposition 56”) provides local public agencies with funding to promote a healthier California by reducing illegal sales and marketing of cigarettes and tobacco products, including e-cigarettes, to minors. The Office of the Attorney General makes these annual funds available to local law enforcement agencies through the California Department of Justice Tobacco Grant Program.

Essentially, Proposition 56 increased taxes on cigarettes and other tobacco products by $2.00 starting in April 2017. The initiative allocated a portion of annual revenue to the California Department of Justice. For Fiscal Year 2020 -2021, a total of $28.5 million in grant funding was made available statewide to support local enforcement efforts to reduce the illegal sale of tobacco products to minors.

STATEMENT OF THE ISSUE
The City of Compton (“City”) submitted a Tobacco Grant application and was awarded in the amount of $550,455.00. On May 18, 2021, the Mayor and Council adopted Resolution No. 25,479 to amend the 2020-2021 Fiscal Year Budget to accept and appropriate the Grant funding from California Department of Justice Division of Operations Tobacco in

5. Staff Report - Resolution Amend FY 2023-24 Budget
Accept/Appropriate DOJ Tobacco Grant Funds
March 19, 2024

the amount of $550,455. However, during the adoption of the Budget for Fiscal Year 2021- 2022 the appropriations for this grant were omitted. The City had proposed to budget $519,522 for other professional services. After further consideration, the City has decided that only $334,122 will be for other professional services and the remainder of $160,933 will be used for in-house inspections Code Enforcement overtime salaries (City Staff).

The remaining funds will be allocated $5,400.00 in operating expenses and equipment to be used to purchase marketing materials/conduct outreach, and $27,522.75 for administrative cost (5% of award) to administer compliance functions of the Grant.

The Tobacco Grant Funds must be expended by June 30, 2024, which is approximately four (4) months from now. This requires a monthly expenditure of approximately $137,613.75 and this amount will increase if we delay implementing our enforcement efforts.

These grant funds will have “no fiscal impact” on the City’s annual contract with the Los Angeles County Sheriff’s Department (LASD). The work performed by LASD and city staff personnel assigned to the Tobacco Enforcement Teams will be done on an overtime basis at the prevailing hourly rate for each position.

This collective effort forms the organizational approach necessary to help deter businesses from illegally selling tobacco to youth. The City will ensure that the program runs efficiently and effectively.

The Community Improvement Director will provide oversight of this program by coordination the unified operation. The Community Improvement Director will be collecting reports and submitting them bi-weekly to the Grants Compliance Manager for additional review. Reports will include names, positions, hours, location, duties, and outcomes pertaining to each operation. Payments will be rendered based on aforementioned hourly rates upon submission and approval on a Monthly basis if agreed upon.

The City may use Grant funds to enforce a local ordinance or state law related to the illegal sale and marketing of tobacco products, including e-cigarettes, to minors and youth including, but not limited to:
 Retailer compliance checks
 Retailer training programs
 Public education outreach
 Parent engagement and education
 Tobacco retail license inspections
 Preventing and deterring use of tobacco products on school premises  Hiring a school resource officer to focus on tobacco issues Staff Report - Resolution Amend FY 2023-24 Budget
Accept/Appropriate DOJ Tobacco Grant Funds
March 19, 2024

The City can use the Grant funds over a three-year period to facilitate the aforementioned list of activities. Total costs description for each activity, including administrative costs is provided in the attached “Tobacco Law Enforcement Grant Budget Detail” for the $550,455.00 allocation which was submitted to the DOJ.

FISCAL IMPACT
The cost of the proposed activities, as well as Grant oversight will be paid directly from the Division of Operations Tobacco Grant in the amount of $550,455.00. The revenue is currently reflected in the current budget fund 2765-780-001-3569 Other State Grants.

Staff is requesting that the Fiscal Year 2023-2024 budget be amended to appropriate the expenditures as follows:

Increase Expenditure in the following Account:

ACCOUNT NO. DESCRIPTION AMOUNT
2765-780-001-4171 Overtime $ 160,933
2765-780-001-4249
2765-680-000-4262
Special Department Expenses
Other Professional Services
$ 5,400
$ 384,122
Total $ 550,455

ALTERNATIVE
Staff does not have any alternatives to address this issue at this time.

RECOMMENDATION
Staff recommends that Council adopt the attached Resolution amending the 2023-2024 Fiscal Year budget to appropriate Proposition 56 DOJ Tobacco Grant Program funds in the amount of $550,455.

TURMEL WOODS

GRANTS COMPLIANCE MANAGER

APPROVED FOR FORWARDING
WILLIE A. HOPKINS, JR.

CITY MANAGER
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,479 AND AMENDING THE 2023-2024 FISCAL YEAR BUDGET TO APPROPRIATE AND RATIFY THE CITY’S

ACCEPTANCE OF THE CALIFORNIA DEPARTMENT OF THE JUSTICE

DIVISION OF OPERATIONS GRANT TO ENFORCE A LOCAL ORDINANCE

OF STATE LAW RELATED TO ILLEGAL SALE AND MARKETING OF
TOBACCO PRODUCTS TO MINORS ($550,455)
WHEREAS, the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (“Proposition 56”) provides local public agencies with funding to promote a healthier California by reducing illegal sales and marketing of cigarettes and tobacco products, including e-cigarettes, to minors; and
WHEREAS, the Proposition 56 increased taxes on cigarettes and tobacco products by $2.00 starting April 2017 and allocated a portion of annual revenue to the California Department of Justice (DOJ). For Fiscal Year 2020-2021, a total of $28.5 million in Grant funding was made available statewide to support local enforcement efforts to reduce illegal sale of tobacco products to minors; and
WHEREAS, the Office of the Attorney General has made funds available through California Department of Justice (“DOJ”) Tobacco Grant Program in the amount of $550,455.00 to the City of Compton (“City”) to enforce a local ordinance or state law related to the illegal sale of tobacco products to minors; and WHEREAS, during the adoption of the Budget for Fiscal Year 2021-2022 the appropriations for this grant were omitted. The City had proposed to budget $519,522 for Other Professional Services. After further consideration, the City has decided that only $334,122 will be for Other Professional Services and the remainder $160,933 will be used for in-house Code Enforcement Officers overtime salaries (City Staff); and WHEREAS, the remaining funds will be allocated $5,400.00 in operating expenses and equipment to be used to purchase marketing materials/conduct outreach, and $27,533 for administrative cost (5% of award) to administer compliance functions of the Grant; and
WHEREAS, the Tobacco Grant Funds must be expended by June 30, 2024, which is approximately four (4) months. This requires a monthly expenditure of approximately RESOLUTION NO.___________

$137,613.75 and this amount will rise if we delay implementing our enforcement efforts;
and
WHEREAS, these grant funds will have “no fiscal impact” on the City’s annual contract with the Sheriff’s Department.

WHEREAS, the 2023-2024 Fiscal Year budget needs to be amended to appropriate the Tobacco Grant funds awarded to the City by the DOJ.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That California Department of Justice Division of Operations Tobacco Grant funding in the amount of Five Hundred Fifty Thousand Four Hundred Fifty-Five Dollars ($550,455.00) to enforce a local ordinance or state law related to the illegal sale and marketing of Tobacco Products to minors is hereby accepted.

SECTION 2. That the Community Development Department Fiscal Year 2023- 2024 budget shall be amended as follows:

SECTION 3. That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk and the Community Development Department (Grants Division).

SECTION 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

Increase Expenditures in the following Accounts:

ACCOUNT NO. DESCRIPTION AMOUNT
2765-780-001-4171 Overtime $ 160,933
2765-780-001-4249 Special Department Expenses $ 5,400
2765-780-001-4262 Other Professional Services $ 384,122 Total $550,455
RESOLUTION NO. ___________

ADOPTED this ____________ day of ____________, 2024.
________________________________

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, Vernell McDaniel, 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 _______________, 2024.

That said Resolution was adopted by the following vote, to wit:

AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS-

March 19, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER’S OFFICE
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON PROCLAIMING MARCH AS “WOMEN’S HISTORY MONTH” IN THE

CITY OF COMPTON

SUMMARY
This resolution is presented to the City Council for consideration and approval to proclaim the month of March, 2024 as “Women’s History Month” in the City of Compton, as requested by Mayor Sharif.

BACKGROUND
In 1978, “Women’s History Week” was planned and executed to begin as a weeklong celebration during the week of March 8 to correspond with International Women’s Day.

The movement spread across the country as other communities initiated their own “Women’s History Week” celebrations the following year.

In February 1980, President Jimmy Carter issued the first presidential proclamation declaring the week of March 8 as “National Women’s History Week”. Subsequent Presidents continued to proclaim a “National Women’s History Week” in March until 1987 when Congress passed Public Law 100-9, designating March as “Women’s History Month”.

Between 1988 and 1994, Congress passed additional resolutions requesting and authorizing the President to proclaim March of each year as “Women’s History Month”.

Since 1995, each president has issued an annual proclamation designating the month of March as “Women’s History Month.”
“Women’s History Month” has been observed annually in the month of March as a celebration of women’s contributions to history, culture and society. The National Women’s History Month’s theme for 2024 celebrates “Women Who Advocate for Equity, Diversity and Inclusion.” The theme recognizes women throughout the country who understand that, for a positive future, we need to eliminate bias and discrimination entirely.

6. Staff Report- Supporting “Women’s History Month”
In the Month of March
March 19, 2024

STATEMENT OF ISSUE
Women’s History Month is a month-long observance that recognizes and celebrates the contributions of women throughout history.

FISCAL IMPACT
There is no fiscal impact in adopting this resolution.

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution.

WILLIE A. HOPKINS JR.

CITY MANAGER
RESOLUTION NO. ___________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON PROCLAIMING MARCH AS “WOMEN’S HISTORY MONTH” IN THE CITY OF

COMPTON
WHEREAS, in 1978, “Women’s History Week” was planned and executed to begin as a weeklong celebration during the week of March 8 to correspond with International Women’s Day; and
WHEREAS, the movement spread across the country as other communities initiated their own “Women’s History Week” celebrations the following year; and WHEREAS, in February 1980, President Jimmy Carter issued the first presidential proclamation declaring the week of March 8 as “National Women’s History Week”; and WHEREAS, subsequent Presidents continued to proclaim a “National Women’s History Week” in March until 1987 when Congress passed Public Law 100-9, designating March as “Women’s History Month”; and
WHEREAS, between 1988 and 1994, Congress passed additional resolutions requesting and authorizing the President to proclaim March of each year as “Women’s History Month”; and
WHEREAS, since 1995, each president has issued an annual proclamation designating the month of March as “Women’s History Month”; and WHEREAS, “Women’s History Month” has been observed annually in the month of March as a celebration of women’s contributions to history, culture and society; and WHEREAS, the National Women’s History Month’s theme for 2024 celebrates “Women Who Advocate for Equity, Diversity and Inclusion.” The theme recognizes women throughout the country who understand that, for a positive future, we need to eliminate bias and discrimination entirely; and
WHEREAS, the City of Compton proclaims the month of March as “Women’s History Month.”

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the City of Compton hereby proclaims the month of March as “Women History Month.”
SECTION 2. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

SECTION 3. That a certified copy of this Resolution shall be filed in the offices of the City Clerk and City Manager.

RESOLUTION NO. _________________

ADOPTED this __________________ day of __________________2024 _______________________________

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, Vernell McDaniel, 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 by the City Clerk at a regular meeting hereof held on the __________ day of ___________, 2024.

That said Resolution was adopted by the following vote to wit:

AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- ___________________________________

CITY CLERK OF THE CITY OF COMPTON
March 19, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: PUBLIC WORKS STREET MAINTENANCE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE

ORDER WITH THE BLUE DIAMOND COMPANY FOR THE PURCHASE

OF ASPHALT MATERIAL FOR CITYWIDE ROAD REPAIR IN AN

AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS
($25,000)

SUMMARY
The adoption of this resolution will authorize the City Manager to establish a purchase order with the Blue Diamond Company for the purchase of asphalt material for citywide road repair in an amount not to exceed Twenty-Five Thousand Dollars ($25,000).

BACKGROUND
The Public Works Street Maintenance Department (Department) is responsible for repairing road surfaces that have deteriorated over time and have created potholes.

Asphalt is a common material used to construct roads and is subsequently used in the repair of potholes. Potholes are caused when water penetrates the ground underneath porous pavement, when the water dries it leaves a void in the pavement. Gradually, as the weight of vehicles passing over the affected area loosens the asphalt, it causes the asphalt to break and a pothole is formed.

STATEMENT OF THE ISSUE
The Department is responsible for maintaining a supply of asphalt to be used in the repair of City streets, including potholes. The Department solicited quotes from three (3) reputable asphalt materials companies and the responses are listed as follows:

Vendor Price/per unit
Blue Diamond Company $104.82/100 ton
All American Asphalt $120.83/100 ton
R.J. Noble Company $110.50/100 ton
In accordance with the Compton Municipal Code, Section 4-11.5, staff has determined that the Blue Diamond Company is the most responsive and responsible bidder. The Department has utilized the Blue Diamond Company for asphalt material in the past, and the vendor has provided a quality product at a reasonable price.

7. Staff Report – Resolution Authorizing P.O.

Blue Diamond Company– Asphalt for road repair
March 19, 2024, page 2
Pursuant to Resolution No. 25,001, adopted by the City Council on April 23, 2019, the City Manager is authorized to expend up to $25,000.00 to any one single vendor in a fiscal year; however, the City has reached the threshold for the Blue Diamond Company for Fiscal Year 2023-2024, and the Public Works Street Maintenance Department was unable to acquire asphalt material for road repair. Therefore, City Council’s approval is required for this item.

FISCAL IMPACT
Funds for this expenditure are available in the Department’s Fiscal Year 2023-2024 Budget in the following account:

Account Description Amount
1004-720-000-4233 Maint/Repair Materials-Road $25,000.00

ALTERNATIVE
No other alternative is being proposed.

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution.

DAMION TIMMONS

STREET SUPERINTENDENT
APPROVED FOR FORWARDING:

WILLIE HOPKINS JR.

CITY MANAGER
RESOLUTION NO. ________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER

WITH THE BLUE DIAMOND COMPANY FOR THE PURCHASE OF ASPHALT

MATERIAL FOR CITYWIDE ROAD REPAIR IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000)
WHEREAS, the Public Works Street Maintenance Department (Department) is responsible for repairing road surfaces that have deteriorated over time and have created potholes; and
WHEREAS, thus there is a need to maintain an adequate supply of asphalt to be used in the repair of potholes and roadways; and
WHEREAS, the Department solicited quotes from three (3) reputable asphalt materials companies and the responses received are as follows; and Vendor Price/per unit
Blue Diamond Company $104.82/100 ton
All American Asphalt $120.83/100 ton
R.J. Noble Company $110.50/100 ton
WHEREAS, staff has determined that the Blue Diamond Company is the lowest, most responsive and responsible bidder; and
WHEREAS, the Department has utilized the Blue Diamond Company to purchase asphalt in the past, and the vendor has provided a quality product at a reasonable cost; and
WHEREAS, pursuant to Resolution No. 25,001, adopted by the City Council on April 23, 2019, the City Manager is authorized to expend up to $25,000.00 to any one single vendor in a fiscal year; and
WHEREAS, the City has reached the threshold for the Blue Diamond Company, for Fiscal Year 2023-2024 and City Council’s approval is required for this item; and WHEREAS, the Public Works Street Maintenance Department has funds available in the Fiscal Year 2023-2024 Budget for this expenditure in the following account:

Account Description Amount
1004-720-000-4233 Maintenance/Repair Materials-Road $25,000.00

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 with the Blue Diamond Company for the purchase of asphalt material for citywide road repair in an amount not to exceed Twenty-Five Thousand Dollars ($25,000.00) from Account No. 1004-720-000-4233 (Maintenance/Repair Materials -Road).

Section 2. That funds for this expenditure are allocated in the Department’s Fiscal Year 2023-2024 Budget in Account No. 1004-720-000-4233 (Maintenance/Repair Materials -Road).

Section 3. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller, City Attorney and Public Works Street Maintenance Department.

Section 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

Resolution No. __________

ADOPTED this ________ day of _________________, 2024.

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, Vernell McDaniel, 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 this ________ day of ___________________, 2024.

That said Resolution was adopted by the following vote, to wit:

AYES: COUNCILMEMBERSNOES: COUNCILMEMBERSABSTAIN: COUNCILMEMBERSABSENT: COUNCILMEMBERS- ___________ ___

CITY CLERK OF THE CITY OF COMPTON

March 19, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: MUNICIPAL WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER FOR THE

STATE WATER RESOURCES CONTROL BOARD (SWRCB) FOR THE

PAYMENT OF WATER SYSTEM ANNUAL FEES IN THE TOTOAL

AMOUNT OF ONE HUNDRED THOUSAND FOUR HUNDRED AND
TWENTY-THREE DOLLARS AND THIRTY-NINE CENTS ($100,423.39) FOR FISCAL YEARS 22-23 ($48,332.98) AND 23-24 ($52,090.41).

SUMMARY
Adoption of this resolution will authorize the City Manager to issue a purchase order for the State Water Resources Control Board (SWRCB) for payment of the water system annual fees in the amount of One Hundred Thousand Four Hundred and Twenty-Three Dollars and Thirty-Nine Cents ($100,423.39) for Fiscal Years 22-23 ($48,332.98) and 23- 24 ($52,090.41).

BACKGROUND
The State Water Resources Control Board (State Water Board) and nine Regional Water Quality Control Boards (Regional Control Boards) collectively known as the California Water Boards (Water Boards), are dedicated to a single vision: abundant clean water for human uses and environmental protection to sustain California’s future. Under the federal Clean Water Act (CWA) and the state’s pioneering Porter-Cologne Water Quality Control Act, the State and Regional Water Boards have regulatory responsibility for protecting the water quality of nearly 1.6 million acres of lakes, 1.3 million bays and estuaries, 211,000 miles of rivers and streams, and about 1,100 miles of exquisite California coastline.

The State Water Resources Control Board’s mission is to preserve, enhance and restore the quality of California’s water resources and drinking water for the protection of the environment, public health, proper water resource allocation and efficiencies for the benefit of present and future generations.

To uphold this mission, the State Water Resources Control Board (SWRCB) has established a series of regulations addressing drinking water issues, and has imposed an annual fee to public water systems. The fees ensure that the SWRCB has adequate funding to implement the California Drinking Water Program.

8. Staff Report – SWRCB Water System Annual Fees
March 19, 2024, Page 2
The SWRCB is promulgating the regulations pursuant to its authority under the Safe Drinking Water Act, which applies to all entities who supply water for human consumption, and meet the law’s definition of a “public water system”.

STATEMENT OF THE ISSUE
A public water system is defined as a system that provides water for human consumption to 15 or more connections or regularly serves 25 or more people daily for at least 60 days out of a year.

The Compton Municipal Water Department is a public water system and is legally distinct as a Community Water System that has over 13,000 connections and provides safe drinking water to its customers.

The Compton Municipal Water Department, as a public water system, is obligated to pay the annual water system fees to the State Water Resources Control Board, as prescribed in the Drinking Water Fee Regulations (Section 64300).

FISCAL IMPACT
Funds in the amount of One Hundred Thousand Four Hundred Twenty-Three Dollars and Thirty-Nine cents ($100,423.39) are available in the Compton Municipal Water Department’s Fiscal Year 2023-2024 budget in Account No. 5000-90-0000-4262 (for Fiscal Years 22-23 $48,332.98 and 23-24 $52,090.41).

RECOMMENDATION
Staff recommends that Council adopt this resolution.

JOSE GARFIAS, INTERIM GENERAL MANAGER

GENERAL MANAGER

MUNICIPAL WATER DEPARTMENT
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS

CITY MANGER
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER FOR THE

STATE WATER RESOURCES CONTROL BOARD (SWRCB) FOR THE

PAYMENT OF WATER SYSTEM ANNUAL FEES IN THE AMOUNT OF ONE

HUNDRED THOUSAND FOUR HUNDRED AND TWENTY-THREE
DOLLARS AND THIRTY-NINE CENTS ($100,423.39) (FOR FISCAL YEARS 22-23 $48,332.98 AND 23-24 $52,090.41).

WHEREAS, the State Water Resources Control Board (State Water Board) and nine Regional Water Quality Control Boards (Regional Control Boards) collectively known as the California Water Boards (Water Boards), are dedicated to a single vision: abundant clean water for human uses and environmental protection to sustain California’s future; and WHEREAS, the State Water Resources Control Board’s (SWRCB) mission is to preserve, enhance and restore the quality of California’s water resources and drinking water for the protection of the environment, public health, proper water resource allocation and efficiencies for the benefit of present and future generations; and WHEREAS to uphold this mission, the State Water Resources Control Board (SWRCB) has established a series of regulations addressing drinking water issues, and has imposed an annual fee to public water systems; and
WHEREAS, a public water system is defined as a system that provides water for human consumption to 15 or more connections or regularly serves 25 or more people daily for at least 60 days out of a year; and
WHEREAS, the Compton Municipal Water Department is a public water system and is legally distinct as a Community Water System that has over 13,000 connections and provides safe drinking water to its customers; and
WHEREAS, the Compton Municipal Water Department, as a public water system, is obligated to pay the annual water system fee to the State Water Resources Control Board, as prescribed in the Drinking Water Fee Regulations, Section 64300; and WHEREAS, the funds for this expenditure are available in the Municipal Water Department’s 2023-2024 Fiscal Year budget in Account No. 5000-90-0000-4262. (Note: A requisition (#85R04979) has been prepared and encumbers $95,687.90 of these funds from Account 5000-90-0000-4262).

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 issue a purchase order for One Hundred Thousand Four Hundred and Twenty-Three Dollars and Thirty-Nine Cents ($100,423.39) to the State Water Resources Control Board for water system annual fees for Fiscal Years 22-23 ($48,332.98) and 23-24 ($52,090.41) from Account No.5000-90-0000- 4262.

Section 2. That funds in the amount of One Hundred Thousand Four Hundred Twenty-Three Dollars and Thirty-Nine cents ($100,423.39) are available in the Municipal Water Department’s Fiscal Year 2023-2024 budget in Account No.5000-90-0000-4262.

RESOLUTION NO. ________________

Section 3. That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Municipal Water Department.

Section 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

ADOPTED this _____________ day of ______________, 2024. ________________________________

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, Vernell McDaniel, 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 ____________________, 2024.

That said Resolution was adopted by the following vote, to wit:

AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERSABSENT: COUNCIL MEMBERS- ____________________________________

CITY CLERK OF THE CITY OF COMPTON

March 19, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF

COMPTON AND CITY VENTURES HOMEBUILDING, LLC, A

DELAWARE LIMITED LIABILITY COMPANY, TO ENABLE THE
DEVELOPMENT OF A 60-UNIT MARKET-RATE HOUSING

DEVELOPMENT PROJECT ON THAT CERTAIN LAND LOCATED AT
930 WEST COMPTON BOULEVARD, COMPTON, CALIFORNIA

SUMMARY
Staff requests adoption of an Ordinance to approve a development agreement between the City of Compton and City Ventures Homebuilding, LLC related to 930 W Compton Boulevard. The already approved housing project consists of a gated 60-unit housing project composed of single-family attached condominiums, with ten (10) of the condominiums restricted for sale to moderate income households at affordable sales prices, and open space and other improvements (the “Project”).

The last remaining item for this project is to adopt a development agreement between the City and the Applicant pertaining to the Property in accordance with the development agreement terms set forth in the already approved Purchase and Sale Agreement, and includes a payment of $400,000 to the City as part of this agreement.

BACKGROUND:

To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act (Government Code Sections 65864 through 65869.5), which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interests in such property. A development agreement is a voluntary contract between a local jurisdiction and a person who owns or controls property within the jurisdiction and must comply with the requirements set forth in the Development Agreement Act.

The City of Compton (the “City”) owns an approximately 2.45-acre site located at 930 W.

Compton Boulevard in the City of Compton (bounded by West Compton Boulevard to the north, West 151 street to the south, South Kemp Avenue to the east, and South Dwight Avenue to the west) (the “Property”). The City and the Applicant, City Ventures

9. Staff Report – 930 W Compton Development Agreement
March 19, 2024, page 2 of 3
Homebuilding, LLC, have entered into a Purchase and Sale Agreement dated as of April 15, 2019, as amended by the First Amendment to Purchase and Sale Agreement dated as of December 23, 2020 (as amended, the “PSA”). Pursuant to the PSA, the City agrees to convey the Property to the Applicant pursuant to, and in accordance with, the terms and conditions (including but not limited to, construction requirements, affordable housing requirements, and transfer restrictions) set forth in the PSA. One of the conditions to the close of escrow is that there be an executed and effective development agreement between the City and the Applicant pertaining to the Property in accordance with the development agreement terms set forth in the PSA.

On October 19, 2022, the Planning Commission held a special meeting to consider this item. There was limited discussion on the matter, with questions centering around the sale price of the property. A motion was made to adopt the resolution, but the item was a tie of 2-2-0 (with one commissioner absent). No motion was made to deny the project.

Therefore, there is no recommending resolution from the Planning Commission.

STATEMENT OF THE ISSUE:

The Development Agreement proposed between the City and the Applicant would vest the Applicant’s rights to develop in accord with any approvals of the Project that have been or may be granted for a specific period of time, along with other terms. The following are some of the significant elements of the Development Agreement:
 The term of the Development Agreement is for seven years with the potential for extension for one (1) year or more provided that the total extension period does not exceed three (3) years (Section 5 of the Development Agreement; Government Code Section 65865.2).  The City shall conduct annual reviews to determine whether the Applicant is acting in good faith compliance with the terms of the Development Agreement and may order a special periodic review at any time (Section 24 of the Development Agreement; Government Code Section 65865.1).  The permitted uses of the Property, the density and intensity of use, the maximum height and size of the proposed buildings, parking requirements, setbacks, development standards, provisions for reservation or dedication of land for public purposes, and location of public improvements, and the design, improvement, construction and other guidelines, standards and specifications applicable to the development of the Property (Devevlopment Agreement Section 2; Government Code Section 65865.2).
 The Applicant shall pay to the City a Development Agreement Fee of $400,000 at or prior to the close of escrow pursuant to the PSA (Development Agreement Section 10).

Staff Report – 930 W Compton Development Agreement
March 19, 2024, page 3 of 3
Environmental Review:

The Project, including the Development Agreement, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines.

Mitigated Negative Declaration No. 951 (“MND”) was prepared and made available for agency and public review and comment for a 20-day period beginning on November 16, 2021 and ending on December 5, 2021. The MND considers the potential environmental impacts that could occur as a result of the Project. Based on the analysis contained in the MND and other evidence in the record, the City Council, exercising its independent judgment, previously found that the Project will not have a significant environmental impact with the adoption of the identified mitigation measures, and adopted the MND and adopted the Mitigation Monitoring and Reporting Program which is attached to this Resolution. Mitigated Negative Declaration No. 951 (MND) and Mitigation Monitoring and Reporting Program were prepared in connection with the Project, made available for public review and comment for a 20-day period commencing on November 16, 2021 and ending on December 6, 2021, and approved by the City Council on June 28, 2022.

NOTICING
Notice of the public hearing was published and maiiled in accordance with Government Code Sections 65867, 65090 and 65091. Public hearing notices were sent to both owners and occupants within a 500-foot radius on October 20, 2022. Notice was also published in the Compton Bulletin on October 12, 2022. As of October 25, 2022, no other correspondence either for or against the project have been received.

FISCAL IMPACT:

The fiscal impact of this agreement will be $400,000 in revenue to be allocated to the Equipment Rental Fund reserved for future use.

RECOMMENDATION:

Staff supports the proposed Development Agreement and would recommend that the City Council adopt the associated Ordinance to approve the proposed Development Agreement.

CECIL C. FLOURNOY, DIRECTOR

COMMUNITY DEVELOPMENT DEPARTMENT

APPROVED FOR FORWARDING
WILLIE A. HOPKINS JR.,

CITY MANAGER
ORDINANCE NO. ___________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF

COMPTON AND CITY VENTURES HOMEBUILDING, LLC, A

DELAWARE LIMITED LIABILITY COMPANY, TO ENABLE THE
DEVELOPMENT OF A 60-UNIT HOUSING PROJECT ON THAT
CERTAIN LAND LOCATED AT 930 WEST COMPTON BOULEVARD,

COMPTON, CALIFORNIA

THE CITY COUNCIL OF THE CITY OF COMPTON HEREBY ORDAINS AS FOLLOWS:

Section 1. City Ventures Homebuilding, LLC, a Delaware limited liability company (“Developer”), proposes to enter into a development agreement with the City of Compton (herein, the “Development Agreement”), which is attached to this Ordinance as Exhibit “A,” in connection with the development of a 60-unit housing project consisting of single-family attached townhomes, with ten of the townhomes restricted for sale to moderate income households at affordable sale prices, on that certain land located at 930 West Compton Boulevard, Compton, California, and described in the legal description on file in the City Clerk’s office and incorporated herein by reference (the “Project”).

Section 2. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development.

Section 3. The Project, including this Ordinance and the Development Agreement, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). Mitigated Negative Declaration No. 951 (“MND”) was prepared and made available for agency and public review and comment for a 20-day period beginning on November 16, 2021 and ending on December 5, 2021. The MND considers the potential environmental impacts that could occur as a result of the Project. Based on the analysis contained in the MND and other evidence in the record, the City Council, exercising its independent judgment, previously found that the Project will not have a significant environmental impact with the adoption of the identified mitigation measures, and adopted the MND and adopted the Mitigation Monitoring and Reporting Program which is on file in the Community Development Department. The City Council hereby finds and determines that the Development Agreement is within the scope of the MND and there are no changes to the Project or its circumstances, or other new information that require further environmental analysis pursuant to the California Environmental Quality Act. The City Council hereby finds and determines, in light of the whole record, and in its independent judgment, that there is no substantial evidence that further environmental analysis is necessary for the Project, and the City Council hereby finds the MND as adopted by the City Council sufficient for taking action on the Development Agreement. The documents and copies of all relevant material, including the proposed Development Agreement and the MND, are on file in the Community Development Department, and can be reviewed by any interested person at 205 South Willowbrook Avenue, California 90220.

ORDINANCE NO. ________________

Section 4. On October 12, 2022, the Planning Commission was supposed to hold a public hearing to consider the Development Agreement. Notice of the time, place and purpose of the public hearing was duly provided in accordance with California Government Code Sections 65867, 65090, and 65091, and the City’s ordinances. There was no quorum at that meeting, so the item was continued to a special meeting held on October 19, 2022. At the conclusion of the public hearing, the Planning Commission deadlocked in a tie and did not make a formal recommendation to the City Council.

Section 5. On December 6, 2022, the City Council conducted a duly noticed public hearing to consider the Development Agreement. Notice of the time, place and purpose of the public hearing were duly provided in accordance with California Government Code Sections 65867, 65090 and 65091, and the City’s ordinances.

Section 6. The City Council finds that the provisions of the Development Agreement are consistent with the City of Compton General Plan and comply with its objectives and policies. The Development Agreement is consistent with and implements the objectives of the General Plan policies.

Section 7. The City Council hereby approves the Development Agreement, found on file with the City Clerk, and authorizes the City Manager to execute the Development Agreement on behalf of the City.

Section 8. No later than ten (10) days after the effective date of this Ordinance, the City Clerk shall record with the County Recorder a copy of the Development Agreement and the notice shall describe the land to which such contract applies.

Section 9. The City Clerk is hereby directed to cause a summary of this Ordinance to be published in a newspaper of general circulation published and circulated in the City in accordance with Section 36933 of the Government Code; and shall certify to the adoption of this Ordinance.

Section 10. This Ordinance shall go into effect and be in full force on the thirtyfirst (31st) day after its passage.

Section 11. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause same to be published as required by law.

ADOPTED this ________ day of _______________ 2024.
_______________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________

CITY CLERK OF THECITY OF COMPTON

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF COMPTON
ORDINANCE NO. ______________

I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Ordinance 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 ___________________, 2024.

That said Ordinance was adopted by the following vote to wit:

AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERSABSENT: COUNCIL MEMBERS- ___________________________________

CITY CLERK OF THE CITY OF COMPTON
-1-
C1658-0001\2363188v4.doc
RECORDING REQUESTED BY:

CITY OF COMPTON
WHEN RECORDED MAIL TO:

The City of Compton
205 South Willowbrook Avenue
Compton, California,90220
Attn: City Clerk
Assessor’s Parcel Map No.: 6161-001-902

DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this “Agreement”) is made by and between the CITY OF COMPTON, a California municipal corporation (“City”), and CITY VENTURES HOMEBUILDING, LLC, a Delaware limited liability company (“Developer”). City and Developer are individually referred to herein as a “Party” and collectively referred to as the “Parties”.

RECITALS
This Agreement is made and entered into with regard to the following facts, each of which is acknowledged as true and correct by the Parties to this Agreement.

A. This Agreement authorizes the development of that certain land located at 930 West Compton Boulevard, Compton, California, as described on Exhibit “A” attached hereto and incorporated herein by reference (the “Property”), as further defined in this Agreement.

B. The Property that is the subject of this Agreement is approximately 2.457 acres in size, is referred to as Assessor’s Parcel No. 6161-001-902, and is further described in Exhibit “A”. Developer has acquired legal or equitable interest in the Property for the development of the Property as provided in this Agreement.

C. Developer has applied to City for approval of this mutually binding Development Agreement, pursuant to the provisions of the Development Agreement Act (as hereafter defined), and other applicable laws.

D. In anticipation of the development of the Project (as hereafter defined), Developer has received the following approvals on June 28, 2022: GENERAL PLAN AMENDMENT CASE NO. 21-001, CONDITIONAL USE PERMIT CASE NO. 21-008, CHANGE OF ZONE CASE NO. 21-003, TENTATIVE TRACT MAP NO. 82807 and MITIGATED NEGATIVE DECLARATION NO. 950.

E. The City Council has specifically considered the advantages and impacts of this Project upon the welfare of City and believes that the Project will benefit City. -2-
C1658-0001\2363188v4.doc
F. This Agreement eliminates uncertainty in planning and provides for the orderly development of the Project in a manner consistent with City’s Zoning Regulations (as hereafter defined), the Applicable Rules (as hereafter defined) and the General Plan (as hereafter defined).

G. To provide such certainty, City desires, by this Agreement, to provide Developer with assurance that Developer can proceed with development of the Project with the uses, density and other land use characteristics specified in the Project Approvals (as hereafter defined).

Neither Developer nor City would enter into this Agreement, or agree to provide the public benefits and improvements described herein, without the agreement that the Project can be developed, during the term of this Agreement, with the uses, density and other land use characteristics specified in the Project Approvals.

H. City has determined that, as a result of the development of the Project in accordance with the Project Approvals (as hereafter defined) and this Agreement, substantial benefits will accrue to the public, including but not limited to the Developer’s obligations set forth in Section 10 of this Agreement.

I. On October 19, 2022 pursuant to the requirements of the Development Agreement Act, the Planning Commission of the City of Compton (“Planning Commission”) conducted a hearing on Developer’s application for this Agreement. The Planning Commission did not make a recommendation after a motion to recommend adoption failed to pass by a vote of 2-2-0 (1 absent).

J. On November 1, 2022, pursuant to the requirements of the Development Agreement Act, the City Council of the City of Compton (the “City Council”) conducted a hearing on Developer’s application for this Agreement.

K. The City Council has found and determined that this Agreement is consistent with the City’s General Plan and all other plans, policies, rules and regulations applicable to the Project.

L. On November 1, 2022, the City Council adopted Ordinance No. [####] approving this Agreement, and such ordinance became effective on [Month] [Date], 2022.

M. By resolution No. [####] adopted by the City Council on June 28, 2022, the City Council approved a Mitigated Negative Declaration No. 951 (MND) and Mitigation Monitoring and Reporting Program in connection with the Project, which were made available for public review and comment for a 20-day period commencing on November 16, 2021 and ending on December 6, 2021.

AGREEMENT
NOW THEREFORE, pursuant to the authority contained in the Development Agreement Act, as applied to City, and in consideration of the mutual promises and covenants herein contained and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereto agree as follows:
-3-
C1658-0001\2363188v4.doc

1. Definitions. For all purposes of this Agreement, except as otherwise expressly provided herein, or unless the context of this Agreement otherwise requires, the following words and phrases shall be defined as is set forth below:
(a) “Applicable Rules” means the rules, regulations, ordinances, resolutions, codes, guidelines, and officially adopted procedures and official policies of City governing the use and development of real property, including, but not limited to, City’s Zoning Regulations and building regulations, adopted as of the Effective Date (as hereafter defined). Among other matters, the Applicable Rules set forth and govern the permitted uses of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, parking requirements, setbacks, and development standards, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction guidelines, standards and specifications applicable to the development of the Property. (b) “Building Permit” means a permit issued by City pursuant to Chapter 14 of the Compton Municipal Code to authorize construction of a building or other structure. “Building Permit” shall not include a demolition permit or excavation and shoring permit, but shall include a foundation permit.
(c) “Business Days” means any day other than a Saturday, Sunday or California or federal holiday on which banks in the City are customarily closed. (d) “CEQA” means the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), as it now exists or may hereafter be amended. (e) “Certificate of Occupancy” means any of the following with respect to any portion of the Project (as hereafter defined): (i) a permanent Certificate of Occupancy, (ii) a temporary Certificate of Occupancy or (iii) a Certificate of Completion, if requested by Developer and issued by City, as to an improvement in which the base, core and shell have been completed, but the improvement is not ready for occupancy due to Developer’s electing to defer the completion of tenant improvements, or the interior portions of individual condominium units (e.g., kitchens, baths or finishes which are intended to be customized at a later date). (f) “Conditions of Approval” shall mean the conditions of approval imposed by City upon the Project Approvals.
(g) “Developer Fees” shall mean those fees established, adopted, or imposed by City pursuant to Sections 66000 through 66008, of the Government Code of the State of California or the California Subdivision Map Act to offset the impact of development on City’s capital facilities. Such fees may include impact fees, linkage fees, exactions, assessments, fair share charges, or other similar impact fees imposed by City on or in connection with new development. Developer Fees do not mean or include Processing Fees. (h) “Development Agreement” or “Agreement” means this Agreement. (i) “Development Agreement Act” means Article 2.5 of Chapter 4 of Division I of Title 7 (Sections 65864 through 65869.5) of the California Government Code (as the same may be amended and/or re-codified from time to time). -4-
C1658-0001\2363188v4.doc
(j) “Development Agreement Fee” shall mean a public benefit fee to be paid by Developer as set forth in Section 10(d) of this Agreement. (k) “Discretionary Action(s)” or “Discretionary Approval(s)” means an action which requires the exercise of judgment, deliberation or discretion on the part of City, including any board, agency, commission or department and any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from a Ministerial Permit (as defined herein) or Ministerial Approval (as hereafter defined). (l) “Effective Date” shall mean the date the City’s Ordinance adopting this Agreement has taken effect and the date this Agreement is recorded in the official records of the Los Angeles County Recorder, whichever date occurs first. (m) “General Plan” means the General Plan of City, as it exists as of the Effective Date.
(n) “Ministerial Permit(s),” or “Ministerial Approval(s)” means a permit or approval, including, but not limited to, building permits, grading permits, zone clearances, and certificates of occupancy, which requires City, including any board, agency, commission or department or any officer or employee thereof, to determine whether there has been compliance with applicable rules, statutes, ordinances, Conditions of Approval, and/or regulations, as distinguished from an activity which is included in the definition of Discretionary Action or Discretionary Approval.
(o) “Mortgage” means any mortgage, deed of trust, encumbrance, sale leaseback or other security interest encumbering all or any portion of the Property, given by Developer for the purpose of securing funds to be used for financing the acquisition of the Property or any portion thereof, the construction of improvements thereon and/or any other expenditures reasonably necessary and appropriate to develop the Project (as hereafter defined). (p) “Mortgagee” means the holder of the beneficial interest under any Mortgage.
(q) “Processing Fees” means all processing fees and charges required by City that are applied uniformly to all construction or development related activity including, but not limited to, fees for land use applications, Building Permit applications, Building Permits, grading permits, hauling permits, encroachment permits, demolition permits, subdivision or parcel maps, lot line adjustments, street vacations, inspections, certificates of occupancy and plan check.

Processing Fees shall not mean or include Developer Fees. In addition, any and all fees payable under the current Applicable Rules shall be deemed to be included within the term “Processing Fees” and not to be included within the term “Developer Fees,” whether the same are payable upon issuance of a Building Permit, upon connection of a utility or upon issuance of a Certificate of Occupancy.
(r) “Project” means a 60-unit housing project consisting of single-family attached townhomes with ten of the townhomes restricted for sale to moderate income households at affordable sales prices, as modified by the Project Approvals. (s) “Project Approvals” shall include, collectively, GENERAL PLAN AMENDMENT CASE NO. 21-001, CONDITIONAL USE PERMIT CASE NO. 21-008, -5-
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CHANGE OF ZONE CASE NO. 21-003, TENTATIVE TRACT MAP NO. 82807 and MITIGATED NEGATIVE DECLARATION NO. 950, approved by the City Council on June 28, 2022, and shall include any Subsequent Project Approvals (as hereafter defined). “Property” means the real property described in Exhibit “A”.
(t) “Reserved Powers” means the power and authority of City to enact regulations and/or take Discretionary Action if the same is expressly found by City to be necessary to protect residents of City, those employed in the City, or visitors to City, from a condition that is dangerous to public health or safety or if the same is required to comply with California or federal laws (whether enacted previous or subsequent to the Effective Date of this Agreement). Reserved Powers also include the power and authority of City to enact regulations that apply generally to residential and mixed use projects within the City, provided that such regulations do not impact the density, height, or square footage of the Project permitted by the Project Approvals, or change the number of affordable housing units required in the Project or the affordability level requirements for those units.
(u) “Subsequent Land Use Regulations” means any change in or addition to the Applicable Rules adopted after the Effective Date of this Agreement, including, without limitation, any change in any applicable general or specific plan, zoning, subdivision, or building regulation, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever by the Mayor, City Council, Planning Commission or any other board, agency, commission or department of City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project. (v) “Subsequent Project Approvals” shall mean further Discretionary Actions or Discretionary Approvals, Ministerial Permits and Ministerial Approvals required to carry out the Project as approved on June 28, 2022 including, without limitation, any subdivision, design review, or amendments to the Project Approvals. Following adoption or approval, a Subsequent Project Approval shall become a Project Approval. (w) “Zoning Regulations” shall mean the official zoning regulations of City adopted as of the Effective Date of this Agreement.

2. Recitals of Premises, Purpose and Intent.
(a) State Enabling Statute. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interests in such property. Section 65864 of the Development Agreement Act expressly provides as follows:
“The Legislature finds and declares that:
(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and a commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.
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(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to Conditions of Approval will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development.” Notwithstanding the foregoing, to ensure that City remains responsive and accountable to its residents while pursuing the benefits of development agreements contemplated by the Legislature, City accepts restraints on its police powers contained in development agreements only to the extent and for the duration required to achieve the mutual objectives of the Parties.
(b) The Project. Developer intends to develop the Property as described in the Project Approvals and the final plans submitted to City, subject to the Applicable Rules, the Project Approvals, and the Conditions of Approval. The Parties hereby agree that, for the term of this Agreement, the permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, parking requirements, setbacks, and development standards, provisions for reservation or dedication of land for public purposes and location of public improvements, and the design, improvement, construction and other guidelines, standards and specifications applicable to the development of the Property shall be those set forth in the Project Approvals, the Applicable Rules and this Agreement, including the Conditions of Approval.

3. Property Subject to Agreement. This Agreement shall apply to all of the Property.

4. Application of Agreement. This Agreement shall apply to the development and use of the Property. Such development shall be in accordance with the Project Approvals, as the same may lawfully be amended from time to time other than by initiative, and this Agreement.

5. Term of Agreement. The initial term of this Agreement shall commence on the Effective Date, and shall continue for seven (7) years. In addition to the above, at any time, the term may be extended by Developer for one year or more provided that the total extension period does not exceed three years. An extension by Developer pursuant to the prior sentence shall be effective upon written request of Developer provided to City at least ten (10) days before the expiration of the term (including any previous extension) and a concurrent payment to City of the following amounts: for the first year of extension, Developer shall pay twenty-five thousand dollars ($25,000), for the second year of extension, Developer shall pay fifty thousand dollars ($50,000), and for the third year of extension, Developer shall pay seventy-five thousand dollars ($75,000).

6. Timing of Development. The Parties acknowledge that Developer cannot at this time predict when or if the Property will be developed. Such decisions depend upon numerous factors that are not within the control of Developer. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, (the “Pardee Case”) that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the Parties’ intent to cure that deficiency by acknowledging and providing that Developer shall have the right to develop the Property consistent with the Project Approvals and the Conditions of Approval in such order and at such rate and at such times as Developer deems appropriate within the exercise of its sole and subjective business judgment during the term of -7-
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this Agreement. This provision shall be broadly construed to provide Developer the greatest amount of time and flexibility (in light of the Pardee Case and/or any other similar or distinguishing cases) as necessary or appropriate to permit Developer to complete the development of the Project irrespective of later adopted rules, regulations or initiatives which would otherwise restrict Developer’s time to complete the Project.

7. Permitted Uses; Density; Building Heights and Sizes; Required Dedications. City and Developer hereby agree that the permitted uses of the Property, the density and intensity of such uses, the maximum heights and sizes of the buildings and improvements to be constructed on the Property, and the reservation and dedication of land for public purposes, if any, required in connection with the development of the Property shall be as set forth in and consistent with the Project Approvals, as they may be lawfully amended from time to time other than by initiative. Developer shall not cause or permit any use of the Property that is not permitted by the Project Approvals, and shall not cause or permit the construction of any building or improvement that exceeds the maximum density, building heights and/or building sizes set forth in or otherwise required by the Project Approvals, as they may be lawfully amended from time to time other than by initiative.

8. Developer’s Rights. Developer shall have and is hereby vested with the rights, during the term of this Agreement, to develop the Project as set forth in the Project Approvals, as they may be lawfully amended from time to time other than by initiative, all of which are hereby incorporated in this Agreement by reference. Developer agrees that any proposals for subdivision of the Project site shall be through tentative subdivision maps and not by vesting tentative subdivision maps.

9. Changes in Applicable Rules.
(a) Non-Application of Changes in Applicable Rules. The adoption of any Subsequent Land Use Regulations after the Effective Date of this Agreement, or any change in, or addition to, the Applicable Rules (other than changes in Processing Fees and taxes), including, without limitation, any changes in the General Plan or the Zoning Regulations (including any regulation relating to the timing, sequencing, or phasing of the Project or construction of all or any part of the Project), and any changes in Developer Fees (which expression “changes in Developer Fees” includes under this Agreement new or additional Development Fees), adopted after the Effective Date of this Agreement, including, without limitation, any such change by means of ordinance, initiative, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by any board, agency, commission or department of City, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project shall not be applied to the Project during the term of this Agreement unless such changes represent an exercise of City’s Reserved Powers.

Notwithstanding the foregoing, if Developer has not obtained its first Building Permit and commenced construction of the Project within five (5) years of the Effective Date, the Project shall be subject to all changes in Developer Fees adopted by City between the Effective Date and the commencement of the construction of the Project. Said five (5) year period for the commencement of construction shall be extended during the period of any “Permitted Delay” under Section 30 below which occurs after the issuance of the first Building Permit. (b) Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, development of the Project shall be subject to changes occurring -8-
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from time to time in the provisions of City’s building, mechanical, plumbing, electrical regulations and similar regulations which are based on the recommendations of a multi-state professional organization and become applicable throughout City, including, but not limited to, the California Building Code, and other similar or related uniform codes. (c) Changes Mandated by Federal or California Laws or Regulations.

Changes in, or additions to, the Applicable Rules adopted or made operative on or after the Effective Date shall apply to the Project if such changes or additions are specifically mandated to be applied to developments such as the Project, irrespective of vested rights, by applicable California or federal laws or regulations as provided in California Government Code Section 65869.5 or any successor provision or provisions. Where City or Developer believes that such a change or addition exists, that Party shall provide the other Party hereto with a copy of such California or federal law or regulation and a statement of the nature of its conflict with the provisions of the Applicable Rules and/or of this Agreement. The City’s determination as to the applicability of the change or addition to California or federal laws to the Project shall be final and conclusive. However, nothing in this Agreement shall deprive Developer of the rights possessed by any other property owner, absent vested rights, to challenge the appropriateness of the application to the Project of the change or addition. In the event such changes in the law prevent or preclude compliance with one or more of the provisions of the Agreement, such provisions of the Agreement shall be modified or suspended or performance thereof delayed, as may be necessary to comply with such changes in the law. (d) Changes in Processing Fees and Taxes Under Applicable Rules. The Project shall be subject to any increase in taxes and Processing Fees imposed by City, provided that such a change is applied on a Citywide basis.
(e) California Health and Safety Regulations. Nothing in the Development Agreement shall prevent the application of health and safety regulations that become applicable to the City as a whole.
(f) Utility Undergrounding. Notwithstanding anything in this Agreement to the contrary, in no event shall Developer be required to underground the above-ground utility lines along Compton Boulevard.

10. Developer’s Obligations.
(a) Conditions of Approval. Developer shall comply with the Conditions of Approval.
(b) Fees Associated with Construction. Developer agrees to pay all fees associated with the construction of the Project, including land use approvals, development fees, taxes and Processing Fees, including City plan check fees, building inspection fees, and permit fees at the rate and amount associated with such fees in effect at the time application is made for such approvals or permits. Developer will be exempt from any changes to Development Fees; during the term of this Agreement, as it may be extended. (c) Development Agreement Fee. Developer shall pay to City a Development Agreement Fee of $400,000 at or prior to the close of escrow pursuant to the Purchase and Sale Agreement between the City and Developer.
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11. Building Permit Issuance. City shall be under no obligation to issue a Building Permit for the Project until: (i) all the fees due before issuance of a Building Permit have been fully paid or otherwise fulfilled; and (ii) any lender whose lien is prior and superior to the lien created by this Agreement or any conveyance or covenant required by this Agreement shall have agreed to subordinate its lien to the lien, conveyances and covenants created and required by this Agreement.

12. Default. Failure by City or Developer to perform any term or provision of this Agreement for a period of thirty (30) days from the receipt of written notice thereof from the other shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specify in detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. If the nature of the alleged default is such that it cannot reasonably be cured within such thirty (30)-day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Notwithstanding the above, failure to make a Development Agreement Fee payment shall not constitute a default by Developer if City has presented the Payment Security provided pursuant to Section 10 and been paid the amount of the applicable portion of the Development Agreement Fee by the issuer of the Payment Security.

Subject to the foregoing, after notice and expiration of the thirty (30)-day period without cure, the notifying party, at its option, shall have all rights and remedies provided by law and/or may give notice of intent to terminate this Agreement pursuant to Government Code Section 65868 (as the same section may be amended and/or re-codified from time to time).

Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the City Council within thirty (30) calendar days in the manner set forth in Government Code Sections 65867 and 65868 (as the same sections may be amended and/or re-codified from time to time). Following consideration of the evidence presented in said review before the City Council and a determination that a default exists, the Party alleging the default by the other Party may give written notice of termination of this Agreement to the other Party. Upon any such termination, the respective rights, duties and obligations of the Parties hereto shall without further action cease as of the date of such termination (except as to duties and obligations that arose prior to the date of such termination). In no event shall monetary damages be available against City for any alleged default or breach by City. In no event shall consequential damages be available against Developer or any seller of any portion of the Property for any alleged default or breach of this Agreement.

13. Termination and Expiration. Upon the expiration of the term or termination of this Agreement, this Agreement shall terminate and be of no further force or effect; provided, however, such termination shall not affect Developer’s obligations under Section 10, nor the obligation to pay any claim of any Party hereto arising out of the provisions of this Agreement prior to the effective date of such termination. The obligations under Section 10 and the obligation to pay any claim arising before the effective date of termination shall continue after termination in perpetuity or until completed.

14. Transfers of Interests in Property or Agreement. In the event of a proposed transfer of interest in the Property or in this Agreement, or any portion thereof, by Developer, Developer agrees to provide City at least thirty (30) days’ written notice of such proposed transfer and shall provide satisfactory evidence that the transferee will assume in writing through an assignment and assumption agreement all remaining obligations of Developer under this -10-
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Agreement. The assignment and assumption agreement shall be in a form satisfactory to the City Attorney. However, Developer has no obligation to obtain the consent of City to assign this Agreement to a transferee. Notwithstanding the foregoing: (i) the terms, covenants and conditions of this Agreement shall be binding upon any transferee whether or not such an assignment and assumption agreement is signed by the assignee upon acquiring the Property; and (ii) no such transfer shall relieve Developer (transferor) of any obligations under this Agreement.

15. Mortgagee Protection.
(a) In General. The provisions of this Agreement shall not prevent or limit Developer’s right to encumber the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to such portion. City acknowledges that Mortgagees may require certain interpretations and modifications of this Agreement and agrees upon request, from time to time, to meet with Developer and representatives of such Mortgagees to negotiate in good faith any such request for interpretation or modification. City shall not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement and does not, in City’s sole determination, diminish City’s benefits from this Agreement. Any Mortgagee shall be entitled to the rights and privileges set forth in this Section. (b) Notice of Default to Mortgagee. If a Mortgagee has submitted a request in writing to City in the manner specified herein for giving notices, City shall exercise its best efforts to provide to such Mortgagee written notification from City of any failure or default by Developer in the performance of Developer’s obligations under this Agreement, which notification shall be provided to such Mortgagee atsuch time assuch notification is delivered to Developer.
(c) Right of Mortgagee to Cure. Any Mortgagee shall have the right, but not the obligation, to cure any failure or default by Developer during the cure period allowed Developer under this Agreement, plus an additional sixty (60) days in order to cure such failure or default. It is necessary for the Mortgagee to obtain possession of the property such as by seeking the appointment of a receiver or other legal process. Any Mortgagee that undertakes to cure or attempt to cure any such failure or default shall provide written notice to City that it is undertaking efforts of such a nature, provided that no initiation of any such efforts by a Mortgagee shall obligate such Mortgagee to complete or succeed in any such curative efforts.
(d) Liability for Past Defaults or Obligations. Subject to the foregoing, any Mortgagee, including the successful bidder at a foreclosure sale, who comes into possession of the Project or the Property or any part thereof pursuant to foreclosure, eviction or otherwise, shall take such property subject to the terms of this Agreement and in no event shall any such property be released from any obligations associated with its use and development under the provisions of this Agreement. Nothing in this Section shall prevent City from exercising any remedy it may have for a default under this Agreement; provided, however, that in no event shall such Mortgagee personally be liable for any defaults or monetary obligations of Developer arising prior to acquisition of possession of such property by such Mortgagee.
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16. Binding Effect. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land.

17. Indemnification.
(a) Developer agrees to and shall indemnify, hold harmless, and defend, City and its respective officers, officials, members, agents, employees, and representatives (“Indemnitees”), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or in any manner arising from this Agreement; provided that Developer’s indemnification obligations under this paragraph shall not apply to any of the foregoing which arises as a result of an Indemnitee’s willful misconduct or gross negligence. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this Section, regardless of whether or not City prepared, supplied, or approved plans or specifications, or both. In the event of litigation, City agrees, at no cost to City, to cooperate with Developer. This indemnification, hold harmless and defense requirement shall survive the termination or expiration of this Agreement. City reserves the right, in cases subject to this indemnity, to reasonably approve the attorney selected by Developer to defend Developer and City in any such action. (b) In the event of any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or any CEQA determination for the Project, Developer shall defend, at its own expense, the action or proceeding. In addition, Developer shall reimburse City for City’s costs in defending any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or any CEQA determination and Developer shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against City. Developer shall cooperate with City in any such defense as City may reasonably request and may not resolve such challenge without the agreement of City. In the event Developer fails or refuses to reimburse City for its cost to defend any challenge to this Agreement, the Project Approvals or any CEQA determination, City shall have the right to terminate this Agreement, subject to the notice and cure requirements of Section 12 above. In all events, City shall have the right to resolve any challenge in any manner, in its sole discretion; provided, however, Developer’s consent shall be required if the resolution of the challenge shall require a payment by Developer or limit Developer’s rights under this Agreement.

In order to ensure compliance with this Section, within twenty (20) days after notification by City of the filing of any claim, action or proceeding to attack, set aside, void or annul this Agreement, any of the Project Approvals or the CEQA documentation prepared and adopted for the Project, Developer shall deposit with City cash or other security in the amount of one-hundred thousand dollars ($100,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to City of all costs related to any action triggering the -12-
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obligations of this Section. If City is required to draw on that cash or security to indemnify or reimburse itself for such costs, Developer shall restore the deposit to its original amount within fifteen (15) days after notice from City. Additionally, if at any time the City Attorney determines that an additional deposit or additional security up to an additional fifty thousand dollars ($50,000) is necessary to secure the obligations of this Section, Developer shall provide such additional security within fifteen (15) days of notice from the City Attorney. City shall promptly notify Developer of any claim, action or proceeding within the scope of this Section. City shall cooperate fully in the defense of any such claim or action, but shall have the right to resolve any challenge, in any manner, in its sole discretion; provided, however, Developer’s consent shall be required if the resolution of the challenge shall require a payment by Developer or limit Developer’s rights under this Agreement.

18. Relationship of the Parties. The Parties acknowledge and agree that Developer is not acting as an agent, joint venture or partner of City, but each is, in fact, an independent contractual party and not in any way under the control or direction of City except as is expressly provided to the contrary in this Agreement.

19. Recordation. The City Clerk shall record a copy of this Agreement with the Registrar-Recorder of the County of Los Angeles no later than ten (10) days after the effective date of the ordinance approving this Agreement. Developer shall reimburse City for all costs of such recording, if any.

20. No Third-Party Beneficiaries. The only signatories to this Agreement are City and Developer. There are no third-party beneficiaries, and this Agreement is not intended and shall not be construed to benefit or be enforceable by any other person whatsoever other than the successors in interest of the signatories.

21. Advice; Neutral Interpretation. Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. This Agreement has been drafted through a joint effort of the Parties and their counsel and therefore shall not be construed against either of the Parties in its capacity as draftsperson, but in accordance with its fair meaning.

22. Certificate of Compliance. At any time during the term of this Agreement, any Mortgagee or other party may request any Party to this Agreement to confirm that (i) this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications) and that (ii) to the best of such Party’s knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults and (iii) any other information reasonably requested. Each Party hereby agrees to provide a certificate to such lender or other party within ten (10) Business Days of receipt of the written request therefor.

23. Consideration. City and Developer acknowledge and agree that there is good, sufficient and valuable consideration flowing to City and to Developer pursuant to this Agreement as more particularly set forth in the Recitals and Section 2 of this Agreement. The Parties further acknowledge and agree that the exchanged consideration hereunder is fair, just and reasonable.

24. Periodic Reviews.
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(a) Annual Reviews. City shall conduct annual reviews to determine whether Developer is acting in good faith compliance with the provisions of this Agreement and Government Code Section 65865.1. The reasonable cost of each annual review conducted during the term of this Agreement shall be reimbursed to City by Developer. Such reimbursement shall include all direct and indirect expenses reasonably incurred in such annual reviews. (b) Special Reviews. In addition, the City Council of City may order a special periodic review of Developer’s compliance with this Agreement at any time. The cost of such special reviews shall be borne by City, unless such a special review demonstrates that Developer is not acting in good faith compliance with the provisions of this Agreement. In such cases, Developer shall reimburse City for all costs, direct and indirect, incurred in conjunction with such a special review.
(c) Procedure for Review. City’s Director of Community Development (the “Community Development Director”) shall conduct the review contemplated by this Section to ascertain whether Developer has complied in good faith with the terms and conditions of this Agreement during the period for which the review is conducted. The Community Development Director shall give Developer written notice that any such review has been commenced and shall give Developer at least twenty (20) days after Developer’s receipt of such notice to provide to the Community Development Director such information as Developer deems relevant to such review. In addition, upon the written request of the Community Development Director, Developer shall furnish such documents or other information as requested by the Community Development Director.
(d) Result of Review. If following such a review, the Community Development Director finds good faith compliance by Developer with the terms and conditions of this Agreement, the Community Development Director shall issue to Developer an executed certificate of compliance, certifying Developer’s good faith compliance with the terms and conditions of this Agreement through the period of such review. Such certificate shall be in recordable form and shall contain such information as may be necessary to impart constructive record notice of the finding of good faith compliance hereunder. Developer shall have the right to record such certificate of compliance in the Official Records of the County of Los Angeles.

If, following such a review, the Community Development Director finds that Developer has not complied in good faith with the terms and conditions of this Agreement, the Community Development Director shall specify in writing the respects in which Developer has failed to so comply. The Community Development Director shall provide Developer with written notice of such noncompliance as provided in Section 12, and City may follow the default procedures as set forth in Section 12.
(e) Effect on Default. Nothing in this Section shall be interpreted to prevent City from providing Developer with a notice of default hereunder at any time, including any time other than during a periodic review under this Section, or from terminating this Agreement pursuant to the provisions of Section 12 following any event of default by Developer.

25. Future Litigation Expenses.
(a) Payment of Prevailing Party. If City or Developer brings an action or proceeding (including, without limitation, any motion, order to show cause, cross-complaint, -14-
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counterclaim, third-party claim or arbitration proceeding) by reason of default, breach, tortious act, or act or omission, arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit including, but not limited to, reasonable attorneys’ fees and expert witness fees.
(b) Scope of Fees. Attorneys’ fees under this Section shall include attorneys’ fees on any appeal and, in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys’ fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.
(c) Headings. The section headings used in this Agreement are for convenient reference only and shall not be used in construing this Agreement. The words “include,” “including” or other words of like import are intended as words of illustration and not limitation and shall be construed to mean “including, without limitation.”

26. Amendment. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the Parties or their successors in interest, as follows:
(i) City and Developer, by mutual agreement, may terminate or amend the terms of this Agreement; and the amendment or termination shall be accomplished in the manner provided under California law for the enactment of Development Agreement amendments.
(ii) Except as may be otherwise agreed to by the Parties, no amendment of this Agreement shall be required in connection with the issuance of any Subsequent Project Approval. Any Subsequent Project Approval issued after the Effective Date of this Agreement automatically shall be incorporated into this Agreement and vested hereby.

27. Alterations. No alteration, amendment or modification of this Agreement shall be valid unless evidenced by a written instrument executed by the Parties hereto with the same formality as this Agreement, and made in the manner required by the Development Agreement Act.

28. Waiver. The failure of either Party hereto to insist in any one or more instances upon the strict performance of any of the covenants, agreements, terms, provisions or conditions of this Agreement, or to exercise any election or option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition, election or option, but the same shall continue and remain in full force and effect. No waiver by any Party hereto of any covenant, agreement, term, provision or condition of this Agreement shall be deemed to have been made unless expressed in writing and signed by an appropriate official or officer on behalf of such Party.

29. Severability. If any article, section, subsection, term or provision of this Agreement, or the application thereof to any party or circumstance, shall, to any extent, be invalid or unenforceable, the remainder of the article, section, subsection, term or provision of this Agreement, or the application of the same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each remaining article, -15-
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section, subsection, term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law, except that if any provision of Section 10 is held invalid or unenforceable before approval of a tentative subdivision map for the Project, then this entire Agreement shall be void and unenforceable and of no further force and effect.

30. Force Majeure. Performance by any Party of its obligations hereunder (other than for payment of money) shall be excused during any period of “Permitted Delay,” which Permitted Delay shall mean and include delay caused by an event beyond the reasonable control of the Party claiming the delay (and despite the good faith efforts of such Party) that prevents the Party from fulfilling the obligations for which it seeks excuse including without limitation all of the following to the extent that they prevent the Party claiming delay from fulfilling the obligation from which it seeks to be excused: acts of God; civil commotion; riots; strikes; picketing or other labor disputes; shortages of materials or supplies; damage to work in progress by reason of fire, floods, earthquake or other casualties; failure, delay or inability of the other Party to act; terrorism, and litigation brought by a third party attacking the validity of this Agreement, the Project Approvals or the related CEQA determination.

31. Notices. All notices, disclosures, demands, acknowledgments, statements, requests, responses and other communications (each, a “Communication”) to be given under this Agreement shall be in writing, signed by a signatory hereto (or an officer, agent or attorney of such party) giving such Communication, and shall be deemed effective (i) upon receipt if hand delivered or sent by overnight courier service; or (ii) upon delivery or the date of refusal if sent by the United States mail, postage prepaid, certified mail, return receipt requested, in either case addressed as follows:

To Developer: City Ventures Homebuilding, LLC
Attn: Ryan Aeh, Vice President of Land Acquisitions
3121 Michelson Drive, Suite 150
Irvine, California 92612
To City: Willie A. Hopkins Jr., City Manager
City of Compton
205 South Willowbrook Avenue
Compton, California 90220
With a copy to: Eric J. Perrodin, City Attorney
City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Any signatory hereto may from time to time, by notice given to the other signatories hereto pursuant to the terms of this Section, change the address to which communications to such signatory are to be sent or designate one or more additional persons or entities to which communications are to be sent.

32. Applicable Law. This Agreement shall be governed in all respects by the laws of the State of California.
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33. Time is of the Essence. Time is of the essence of this Agreement and every term or performance hereunder.

34. Exhibits. Exhibit A constitutes a part of this Agreement and is incorporated into this Agreement by this reference.

35. Entire Agreement. This Agreement supersedes any prior understanding or written or oral agreements between the Parties hereto respecting the within subject matter and contains the entire understanding between the Parties with respect thereto.

36. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

37. Compliance With Law. Notwithstanding any provision of this Agreement, the Parties agree to comply with all federal, State and local laws and to act in good faith and reasonably in carrying out the terms of this Agreement.

38. Authorization. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the ___ day of __________, 2024.

CITY OF COMPTON,
a California municipal corporation
________________________________________
Emma Sharif,
Mayor of the City of Compton, California
ATTEST:
________________________________________
Vernell McNeil
City Clerk
APPROVED AS TO FORM:
________________________________________
Eric J. Perrodin
City Attorney
APPROVED AS TO CONTENT:

CITY VENTURES HOMEBUILDING,
LLC,
a Delaware limited liability company
By: City Ventures Communities, LLC, a
Delaware limited liability company, its sole
member
Name: _____________________________
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________________________________________
Willie A. Hopkins Jr.

City Manager

ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of that
document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On before me, ________________________________________ Notary Public, personally appeared ________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public
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ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of that
document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On before me, ________________________________________ Notary Public, personally appeared ________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public
Exhibit A-1

EXHIBIT A

LEGAL DESCRIPTION
Real property in the City of Compton, County of Los Angeles, State of California, described as follows:

THE NORTHERLY 223.5 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF LOT “G” OF THE TEMPLE AND GIBSON TRACT, IN THE CITY OF COMPTON,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 PAGE 540 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM THE EASTERLY 70 FEET THEREOF.

ALSO, EXCEPT THEREFROM THAT PORTION OF SAID LAND AS DESCRIBED IN THE DEED TO THE CITY OF COMPTON, RECORDED OCTOBER 1, 1948 IN BOOK 28405 PAGE 79, OFFICIAL RECORDS, AS INSTRUMENT NO. 1844, AS DESCRIBED IN PARCELS 1 AND 2 BELOW:

PARCEL 1:

THAT PORTION OF SAID LOT “G” OF THE TEMPLE AND GIBSON TRACT, IN THE CITY OF

COMPTON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 PAGE 540 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT “G” (SAID NORTHERLY LINE BEARS NORTH 89 DEGREES 58 MINUTES 40 SECONDS EAST), DISTANT THEREON 592.62 FEET EASTERLY FROM THE NORTHWESTERLY CORNER OF SAID LOT “G”; THENCE SOUTH 13 DEGREES 19 MINUTES 40 SECONDS EAST, A DISTANCE OF 223.80 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 40 SECONDS WEST, A DISTANCE OF 30 FEET; THENCE NORTH 13 DEGREES 19 MINUTES 40 SECONDS WEST TO THE NORTHERLY LINE OF SAID LOT “G”; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID LOT “G” TO THE POINT OF BEGINNING TO BE KNOWN AS KEMP STREET.

PARCEL 2:

THE WESTERLY 27 FEET OF THE NORTHERLY 223.50 FEET OF THE NORTHWEST QUARTER OF LOT “G” OF TEMPLE AND GIBSON TRACT, IN THE CITY OF COMPTON,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 PAGE 540 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TO BE KNOWN AS DWIGHT STREET. EXCEPT THEREFROM ALL OIL, GAS, MINERAL AND HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500

FEET FROM THE SURFACE OF SAID LAND, WITHOUT RIGHT OF SURFACE ENTRY, WHICH RIGHT IS RESERVED IN THE DEED FROM ROBERT L. HOROWITZ AND ELEANOR HOROWITZ, HIS WIFE, CLARENCE K. HOROWITZ AND ROSALIE H. HOROWITZ, HIS

WIFE, AND
Exhibit A-2
FREDRICK G. HOROWITZ AND BARBARA J. HOROWITZ; HIS WIFE, RECORDED MARCH 3, 1970 AS INSTRUMENT NO. 215.

APN: 6161-001-902

RESOLUTION NO. _______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE WATER DEPARTMENT’S 2023-2024 FISCAL YEAR
BUDGET TO ACCEPT AND APPROPRIATE ONE HUNDRED TWENTYNINE THOUSAND TWO HUNDRED TWELVE DOLLARS ($129,212.00) FOR CALRECYCLE GRANT – ROUND 3.

WHEREAS, the Compton Municipal Water Department’s (“Department”) water system serves approximately 58,000 people in the City; and WHEREAS, the Municipal Water Department of the City of Compton is responsible for implementing State Mandate SB1383 which requires jurisdictions to conduct comprehensive education and outreach programs on organics recycling; and WHEREAS, under SB1383 regulations, jurisdictions must maintain all necessary records within an Implementation Record and conduct performance-based source separation and organics waste collection audits; and
WHEREAS, the City of Compton Water Department successfully applied for and secured $129,212.00 from the CalRecycle Grant — Round 3 to assist with implementation and compliance with SB1383 regulations; and WHEREAS, on June 15, 2023, the City received the grant funds from CalRecycle and now needs to appropriate the funds in the 2023-2024 Fiscal Year Budget to utilize for development of the City's Implementation Waste Management Plan (IWMP) under SB1383; and
WHEREAS, staff is requesting an amendment to the 2023-2024 Fiscal Year Budget to increase revenue in the amount of $129,212.00 and increase expenditures in the amount of $129,212.00 for professional services to develop the IWMP.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the Water Department's 2023-2024 Fiscal Year Budget is hereby amended to accept and appropriate $129,212.00 from the CalRecycle Grant - Round 3 for the implementation of the City's Waste Management Plan under SB1383.

SECTION 2. That the FY2023-24 Water Department’s Budget appropriations for revenue account 2789-850-WR3-3569 (Other State Grants) shall be increased by $129,212.00.

SECTION 3. That the FY2023-24 Water Department’s Budget appropriations for expenditure account 2789-850-WR3-4262 (Professional Services) shall be increased by $129,212.00.

SECTION 4. That the City Manager, or designee, is authorized to take all administrative actions necessary to implement the provisions of this resolution, including executing any agreements or related documents.

SECTION 5. That a copy of this Resolution shall be provided to the City Clerk, City Attorney, City Manager, City Controller, and Municipal Water Department.

SECTION 6. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

ADOPTED this _________ day of ________________, 2024.

10. Resolution No. ____________

________________________________

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, Vernell McDaniel, 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 by the City Clerk at a regular meeting thereof held on the ______ day of _________________, 2024.

That said Resolution was adopted by the following vote to wit:

AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- ____________________________________

CITY CLERK OF THE CITY OF COMPTON
March 19, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: MUNICIPAL WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE WATER DEPARTMENT’S 2023-2024 FISCAL YEAR
BUDGET TO ACCEPT AND APPROPRIATE ONE HUNDRED TWENTYNINE THOUSAND TWO HUNDRED TWELVE DOLLARS ($129,212.00) FOR CALRECYCLE GRANT – ROUND 3.

SUMMARY
The City Council will consider a resolution to accept and appropriate One Hundred Twenty-Nine Thousand Two Hundred Twelve Dollars ($129,212.00) from the CalRecycle Grant – Round 3. The funds for this expenditure will be sourced from the SB1383 Organic Waste Recycling 3 account 2789-850-WR3-4262 and is based on the City’s population.

The City intends to utilize these funds for the implementation of Compton’s Waste Management Plan (IWMP) in compliance with SB1383, following CalRecycle rules and regulations.

BACKGROUND
The Municipal Water Department is entrusted with the implementation of State Mandate SB1383. These regulations necessitate that jurisdictions conduct comprehensive education and outreach programs on organics recycling for all residents, businesses (including those generating edible food for donation), haulers, solid waste facilities, local food banks, and other food recovery organizations.

Jurisdictions, which encompass cities, counties, or special districts providing solid waste collection services, are required to maintain all necessary records under the SB1383 regulations within an Implementation Record (14 CCR Section 18995.2). Following the SB1383 Model Ordinance, the City of Compton has chosen to execute a performancebased source-separated organic waste collection service, as defined in Title 14 California Code of Regulations Article 17.

To comply with SB1383, jurisdictions must conduct a performance-based source separation and organics waste collection audit, recording the results in a PerformanceBased Model Implementation Record Tool.

STATEMENT OF THE ISSUE
The City of Compton Water Department applied for and successfully secured One Hundred Twenty-Nine Thousand Two Hundred Twelve Dollars ($129,212.00) from CalRecycle Grant – Round 3. The corresponding check was received on June 15, 2023, Staff Report – CalRecycle Grant – Round 3
March 19, 2024

and now the funds need to be appropriated. The city intends to utilize these funds for the development of the City of Compton’s Implementation Waste Management Plan (IWMP) for SB1383.

ALTERNATIVES
Staff does not recommend any alternatives.

FISCAL IMPACT
Staff is requesting an amendment to the Fiscal Year 2023-2024 budget to accept and appropriate as outlined below:

Increase Revenue:

ACCOUNT NO Description Amount
2789-850-WR3-3569 Other State Grant $129,212.00
Increase Expenditure:

ACCOUNT NO Description Amount
2789-850-WR3-4262 Professional Services $129,212.00

RECOMMENDATIONS
Staff recommends that the City Council adopt the attached resolution to accept and appropriate One Hundred Twenty-Nine Thousand Two Hundred Twelve Dollars ($129,212.00) from CalRecycle Grant – Round 3.

JOSE GARFIAS

INTERIM WATER DEPARTMENT GENERAL MANAGER
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS, JR.

CITY MANAGER

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