Cudahy City Council
February 1, 2022

AMENDED AGENDA

A REGULAR MEETING

OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, February 1, 2022 – 6:30 P.M.

Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.

Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Elizabeth Alcantar, Mayor
Jose R. Gonzalez, Vice Mayor
Jack M. Guerrero, Council Member
Blanca Lozoya, Council Member
Daisy Lomelí, Council Member
Amended 01/28/2022
Added Item 16C

REMOTE TELECONFERENCE AND

ELECTRONICALLY
This meeting will be conducted telephonically
and electronically pursuant to Government
Code § 54953
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 860 5378 9452
https://us02web.zoom.us/j/86053789452

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
February 1, 2022, at 6:30 P.M.

1. CALL TO ORDER

2. ROLL CALL
Council / Agency Member Guerrero
Council / Agency Member Lozoya
Council / Agency Member Lomelí
Vice Mayor / Vice Chair Gonzalez
Mayor / Chair Alcantar

3. PLEDGE OF ALLEGIANCE

4. LAND ACKNOWLEDGEMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

5. PRESENTATIONS

6. CLOSED SESSION PUBLIC COMMENTS - NONE

7. CLOSED SESSION - NONE

8. CLOSED SESSION ANNOUNCEMENT - NONE
Pursuant to Municipal Code Section 2.04.020, regular city council meetings are set to begin at 6:30 p.m., since there are no closed session items scheduled, the council will continue with the proceedings of this meeting without any break for closed session.

9. PUBLIC COMMENTS
(Each member of the public may provide a public comment telephonically or electronically by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if he or she wishes to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.) (Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
February 1, 2022, at 6:30 P.M.

10. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)

11. CITY MANAGER REPORT (information only)

12. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE

MEETINGS

13. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.

14. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council / Agency Member so requests, in which event the item will be removed from the Consent Calendar and considered separately.) A. Consideration to Review and Approve the Draft Minutes of January 18, 2022, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 7) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for January 18, 2022.

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
February 1, 2022, at 6:30 P.M.

15. PUBLIC HEARING
A. First Amendment to Development Agreement No. DA 20-01 re: construction of a Mixed-Use Senior Housing Development for the property located at 4610 Santa Ana Street (APN 6224-019-901) (page 21)
Presented by the Interim Community Development Director Recommendation: Staff recommends that the City Council of the City of Cudahy (the “City”):

Adopt on First Reading: Ordinance No. 717 - First Amendment to Development Agreement No. 20-01 (“Agreement”) entitled “First Amendment to Amended and Restated Development Agreement” for the Senior Mixed Use Development Project.

16. BUSINESS SESSION
A. Adoption of Resolution No. 22-05 Supporting a Legislation to Modernize the California Retail Food Code to Create Opportunities for Sidewalk Food Vendors (page 59) Presented by the City Clerk
Recommendation: The City Council is requested to adopt Resolution No. 22-05 Supporting a Legislation to Modernize the California Retail Food Code to Create Opportunities for Sidewalk Food Vendors.

B. Consideration to Approve a Professional Services Agreement to Kimley-Horn and Associates, Inc., to provide Planning and Engineering Services for Preparation of Local Road Safety Plan (LRSP) in the City of Cudahy, California (page 65)
Presented by the Public Works Director/City Engineer
Recommendation: The City Council is requested to:

1. Approve a Professional Services Agreement with Kimley-Horn and Associates, Inc., to provide Planning and Engineering Services for Preparation of Local Road Safety Plan (LRSP) in the City of Cudahy, for a not-to-exceed amount of $44,424.98
C. Midyear Budget Review of City of Cudahy’s Fiscal Year 2021-2022 (page 85) Presented by the Acting Finance Director
Recommendation: The City Council is requested to receive and file the Fiscal Year (FY) 2021- 2022 Mid-Year Budget review and related reports.

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
February 1, 2022, at 6:30 P.M.

17. COUNCIL DISCUSSION

18. ADJOURNMENT
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Bedwell Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’s Office.

Dated this 28th day of February 2022
Richard Iglesias, CMC
City Clerk

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“Serving the People” "Sirviendo A La Comunidad"
Staff Report
02/01/2022 Page 1 of 2

STAFF REPORT
Date: February 1, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Review and Approve the Draft Minutes of January 18, 2022, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission

RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for January 18, 2022.

BACKGROUND / ANALYSIS
On December 12, 2016, the City Council of the City of Cudahy adopted Resolution No. 16-38, approving the use of summary action minutes, meant to allow the City Clerk's Office to write the minutes in brief, assuring a record of Council's actions, due to having a recording of the full Council Meeting on the City’s website.

Historically
The Municipal Clerk is one of the oldest professions in government, dating back to 1272 A.D., originating in England. The record keeper then was called Remembrancer, an English official whose job was to remind the Lord Treasurer and Barons of Court, of business pending.

Years later, in the 1600s, when early colonists came to America, the office of the Clerk was one of the first offices to be established. Over the years, the City Clerk’s office has become the core for local government, and the liaison to the residents of the Community. The Municipal Clerk (City Clerk) is the record keeper of a City’s recorded history.

Item Number
14A

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
02/01/2022 Page 2 of 2
William Bennett Munro, a Canadian historian, and political scientist, who taught at Harvard University and the California Institute of Technology, stated in one of his first textbooks written: “No other office in municipal service has so many contacts. It serves the Mayor, the City Council, the City Manager (when there is one), and all administrative departments, without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience.

The public does not realize how many loose ends of city administration this office pulls together.”
Moving forward to the present time, the City Clerk’s office today is generally responsible for keeping a record of City Council meetings; agreements; recordings of official documents; legal advertisements; municipal elections; commissions and committees current files; claims against the city; and other legal or official documents.

City Clerks are required to keep record of the proceedings (minutes) of Council meetings (Government Code Sections 36814 and 40801). Minutes are the official record of a meeting which provides a history of the Council’s decisions and actions.

CONCLUSION
City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of January 18, 2022.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. Draft Minutes January 18, 2022
B. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.

City Council/Successor Agency Minutes of 1/18/22 Page 1 of 9

MINUTES
CUDAHY CITY COUNCIL REGUAR MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
January 18, 2022 6:30 P.M.

1. CALL TO ORDER
Mayor / Chair Alcantar called the meeting to order at 6:36 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Jack M. Guerrero
Council / Agency Member Blanca Lozoya (came in at 7:28 p.m.) Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Jose R. Gonzalez
Mayor / Chair Elizabeth Alcantar
ABSENT: NONE
ALSO PRESENT: City Manager, Alfonso Noyola, City Attorney, Victor Ponto, Deputy City Attorney Michael Campion, City Clerk, Richard Iglesias, Junior Deputy City Clerk, Estefania Zamora, Interim Finance Director, Charles Ortiz, and Administrative Services Director, Brenda Rodriguez.

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Lomelí.

4. LAND ACKNOWLEDGEMENT
The Land Acknowledgment was led by Council Member Lomelí.

We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

5. PRESENTATIONS
A. Presentation by Kimberly Morales Johnson on the history of the land we inhabit today, once known as Tovangaar, the home of the Gabrieleño-Tongva people.

Attachment A Page 9 of 93
City Council/Successor Agency Minutes of 1/18/22 Page 2 of 9 B. Proclamation presented to Kimberly Morales Johnson the Tribal Secretary of the Gabrieleño-Tongva San Gabriel Band of Mission Indians.

C. City Manager Annual Update.

6. CLOSED SESSION PUBLIC COMMENTS
Jack Guerrero announced he would not be participating in the closed session matter of Cudahy Alliance for Justice due to his colleague Councilmember Lozoya not being able to attend the closed session; mentioned item will have a lack of quorum and will be required to postpone to the next regular meeting or special meeting, also stated he will be withdraw from item 7A due to alleged violation of sunshine laws and brown act, with the City Manager selection process done through closed session, and lastly provided an example of improper classification.

Star Laca shared that on January 13th, at approximately 3:14p.m. the judge of superior court ruled in favor of Cudahy Alliance for Justice which agreed the project regarding KIPP is discretionary project and is subject to CEQA. Also commented on the term “byright” since it has been heard a variety of times stated it is a synonym for ministerial and asked Council to ensure the land is clean properly and safe.

Ayde Bravo commented on the ruling of KIPP where the judge agreed that California Environmental Quality Act protocols must be followed for KIPP So Cal construction and stated KIPP was designated a ministerial project but should have been subject to CEQA and ensure proper clean-up, also mentioned to Council this should be their priority, take it seriously and work together to resolve this issue.

Tevina Quintana commented on the ruling, KIPP needs to follow CEQA and asked Council to make sure they follow protocol, clean the land and make sure they are held accountable.

Susie commented on the ruling and wants to ensure they have Council’s support to ensure KIPP follows CEQA protocols and involve DTSC for the soil clean-up, also mentioned her disappointment with Council Member Guerrero not participating in the closed session item.

Ilse Escobar commented on the ruling of Cudahy Alliance for Justice v. City of Cudahy and KIPP, stated the judge agreed that the designation of ministerial project was incorrect and mentioned the importance of a ministerial project, also commented on how a traditional public school would have had to follow all protocols and stated Council can contact Department of Toxic Substance Control immediately to start the voluntary cleanup.

Bertha Martinez commented on the ruling of January 13th, invited Council to work with the community to ensure that proper clean-up is done, mentioned that demolition has already began and noticed there are no precaution being taken, also commented that all CEQA protocols are to be followed and to make sure the site is safe for everyone.

City Council/Successor Agency Minutes of 1/18/22 Page 3 of 9 Victor Frias commented on the ruling of Cudahy Alliance for Justice v. City of Cudahy reminded Council the judge ruled in favor of Cudahy Alliance for Justice and means that Council has the responsibility to ensure KIPP properly cleans up the soil and encourages Council to have KIPP partner with DTSC to have government oversight.

7. CLOSED SESSION – MOVE TO END OF MEETING
Motion: Council Member Guerrero motion to move Closed Session items 7A and 7B to the end of the meeting, seconded by Council Member Lozoya Motion passed 5-0 by the following roll call vote:

AYES: Guerrero, Lozoya, Lomelí, Alcantar, and Gonzalez
NOES: None
ABSENT: None
ABSTAIN: None

8. CLOSED SESSION ANNOUNCEMENT – MOVED TO END OF MEETING

9. PUBLIC COMMENTS
Osvaldo Pena introduced himself stated he is the new Gas Company Public Affairs manager and hopes to meet with the Council individually to know their priority and partnership opportunities.

Susie commented on an agenda item from the last City Council meeting related to CDBG funding and stated the allocation for Code Enforcement is too high compared to Home Rehab and Council should reconsider, mentioned the City Manager report, and hopes the changes being made benefits the community also mentioned to ensure any construction done in the city is also done is the proper way and KIPP to follow proper protocols.

Emailed Comments
Nancy Cornejo: I am asking you to follow the judgment made in favor of Cudahy Alliance for Justice and do your part to hold KIPP Pueblo UNIDO accountable to follow the recommendations made by CEQA regarding the toxic land purchase on Otis.

Abby Jaramillo: I am a teacher at Teresa Hughes Elementary School. First of all, I want to thank the members of Cudahy Alliance for Justice for their hard work and commitment in making sure that our community is safe! Second, Cudahy city council members, as you are all aware, a Los Angeles Superior Court judge found that the city was WRONG to exempt KIPP SoCal from CEQA! Please make sure to review the project under CEQA and look for potential environmental impacts BEFORE construction. Lastly, Cudahy City Council PLEASE DO BETTER!
Sarahi Medina Ortiz: I am a resident of the City of Cudahy and today I am here to remind you that a judgment was made in favor of Cudahy Alliance for Justice. With that said, I hope that as Council Members you will now do your part to ensure that KIPP follows the proper clean up on the land purchased on Otis. That is the least you can do for the children and Cudahy residents.

City Council/Successor Agency Minutes of 1/18/22 Page 4 of 9 Susana Luna: Soy miembro de la comunidad y madre de familia. Les estoy escribiendo para pedirles que por favor apoyen a los miembros de CAJ para que aseguren que se haga la limpieza necesaria y adecuada de acuerdo a los reglamentos en el terreno que fue comprado en la calle Otis por la corporación llamada KIPP. Nuestra ciudad ya ha sufrido demasiadas injusticias ambientales no dejen que esta sea otra. La solución está en sus manos y nosotros los elegimos a ustedes para representarnos como miembros de esta comunidad. Por Favor no nos decepcionen
A individual: I work in Cudahy and demand that Kipp cleans up the soil in the Otis location.

I drove by the area in December and noticed that they had already broken ground. They should be fined because the last thing the most polluted area in the US needs is more toxic fumes in the air. Cudahy already has extreme pollution issues due to the many factories in the area and the 710 freeway and we don't need more. Kipp should be fined or reprimanded for breaking ground before the ruling.

10. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Guerrero reminded everyone of the 2022 California Ballot Initiative called the Education Freedom Act, which will create an education saving rollover account for each child for parents can pursue education for their children at the best schools of their choice. He also mentioned his support for education reform in the city and school options for Cudahy children, including the KIPP project based on results. He commented on strict environmental safety measures which were never at risk, general plan, regardless of CEQA or ministerial status KIPP must comply with environmental laws and regulations. Lastly, mentioned that the city sold a property in need of serious environmental remediation, yet heard no member from Cudahy Alliance raised any concerns.

Council Member Lozoya agreed with public comment speaker Susie de Santiago stated the city does need more funds for homeowners to repair their homes.

Council Member Lomelí thanked all the speakers, the plan is always to work with the community and work together to continue the collaboration, asked staff to schedule an Education Ad-Hoc committee meeting to follow up on some requests. Also mentioned to ensure a proper clean-up, thanked all educators, also mentioned COVID testing sites popping up more and if the community wants to verify the legitimacy of the testing site to connect with Council and staff.

Vice Mayor Gonzalez thanked all the resident who attended, reiterated and stated we should not be building anything on any toxic land, reminded staff, leadership and city manager that as we review projects or proposals coming to our city we doing our due diligence so it does not happened, also mentioned USPS released test kits that are federally funded and the community can order 4 kits, one order per home and are shipped directly home, thanked everyone for their hard work.

Mayor Alcantar agreed with Council Member Lomeli on scheduling an Education Ad-Hoc committee meeting, requested to add two agenda items first is a resolution in support of legislation to modernize the California retail food code to create opportunities for street

City Council/Successor Agency Minutes of 1/18/22 Page 5 of 9 food vendors and second item is an ordinance to update commission structures and rules.

Also mentioned air quality environment, mentioned winds rendering plant issue in the city of Vernon harsh smell, if you smell something report it to AQMD and explained the process when calling AQMD.

11. CITY MANAGER REPORT (information only)

12. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER

COMMITTEE MEETINGS

13. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Vice Mayor Gonzalez motioned to waive full reading of resolutions and ordinances, seconded by Council Member Lomelí. Motion passed 4-0 by the following roll call vote:

AYES: Lozoya, Lomelí, Alcantar, and Gonzalez
NOES: None
ABSENT: None
ABSTAIN: Guerrero

14. CONSENT CALENDAR
Council Member Guerrero requested to pull Consent Calendar items 14A and 14B together and items 14D, 14E, and 14F, for separate consideration.

C. Approval to Adopt Revised Resolution Approving Application(s) from the Local Assistance Specified Grant Funds to Utilize Towards Community Facilities, Parks, or Recreational Facilities Construction, Acquisition, or Improvements from the State of California
Recommendation: The City Council is requested to approve a revised Resolution to file application(s) from the Local Assistance Specified Grant funds to go towards Park improvements.

G. Consideration to Adopt Resolution No. SA 22-01 for Approval of the Administrative Budget for Fiscal Period of July 1, 2022 to June 30, 2023 Recommendation: The Successor Agency is requested to adopt a proposed Resolution No. SA 22-01 approving the Administrative Budget for the Recognized Obligation Payment Schedule (ROPS) for the fiscal period of July 1, 2022 to June 30, 2023 (ROPS 22-23).

H. Approval of the Recognized Obligation Payment Schedule for the Fiscal Period of July 1, 2022 to June 30 2023 (ROPS 22-23)

City Council/Successor Agency Minutes of 1/18/22 Page 6 of 9 Recommendation: The Successor Agency is requested to approve the Recognized Obligation Payment Schedule (ROPS) for the fiscal period of July 1, 2022 to June 30, 2023 (ROPS 22-23), for submission to the City of Cudahy Oversight Board.

Motion: Mayor/Chair Alcantar motioned to approve Consent Calendar items 14C, 14G, and 14H, seconded by Council Member/Agency Member Lomelí. Motion passed 4-0 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: None
ABSTAIN: Guerrero
A. Approval of the Local Agency Investment Fund (LAIF) for the Month of December 2021
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of December 2021 in the amount of $11,186,967.11.

B. Approval of the City Demands and Payroll Including Cash and Investment Report for the Month of December 2021
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $856,083.46 including Cash and Investment Report by Fund for the month of December 2021.

Motion: Mayor Alcantar motioned to approve the Local Agency Investment Fund (LAIF) Report for the month of December 2021 in the amount of $11,186,967.11 and approve the Demands and Payroll in the amount of $856,083.46 including Cash and Investment Report by Fund for the month of December 2021, seconded by Council Member Lomelí.

Motion passed 4-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: Guerrero
ABSENT: None
ABSTAIN: None
D. Consideration to Review and Approve the Draft Minutes of December 21, 2021, and January 4, 2022 for the Regular Meetings of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for December 21, 2021, and January 4, 2022.

Motion: Council Member Lomelí motioned to approve the City Council / Successor Agency Draft Minutes for December 21, 2021, and January 4, 2022, seconded by Council Member Lozoya. Motion passed 4-1 by the following roll call vote:

City Council/Successor Agency Minutes of 1/18/22 Page 7 of 9 AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: Guerrero
ABSENT: None
ABSTAIN: None
E. Adoption of Proposed Resolution No. 22-02 Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and Re-Authorizing Remote Teleconference Meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the Period from January 18, 2022 through February 17, 2022 Pursuant to Brown Act Provisions Recommendation: The City Council is requested to approve proposed Resolution No. 22-02 proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the period from January 18, 2022 through February 17, 2022 pursuant to Ralph M. Brown Act provisions.

Motion: Council Member Lomelí motioned to approve proposed Resolution No. 22-02 proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the period from January 18, 2022 through February 17, 2022 pursuant to Ralph M. Brown Act provisions, seconded by Council Member Lozoya. Motion passed 5-0 by the following roll call vote:

AYES: Guerrero, Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: None
ABSTAIN: None
F. Adoption of Proposed Resolution No. 22-03 Demanding the Los Angeles County Sheriff’s Department Host Quarterly Town Hall Meetings with the Residents of the City of Cudahy to Inform and Educate Residents About Policing Procedures Used By the Sheriff’s Department and Discuss Available Support to the Residents of the City Recommendation: The City Council is requested to approve proposed Resolution No. 22-03 demanding the Los Angeles County Sheriff’s Department host quarterly Town Hall Meetings with residents of the City of Cudahy to inform and educate residents about policing procedures used by the Sheriff’s Department and discuss available support to the residents of the City.

Motion: Council Member Guerrero motioned to approve proposed Resolution No. 22-03 demanding the Los Angeles County Sheriff’s Department host quarterly Town Hall Meetings with residents of the City of Cudahy to inform and educate residents about policing procedures used by the Sheriff’s Department and discuss available support to the residents of the City, seconded by Vice Mayor Gonzalez. Motion passed 5-0 by the following roll call vote:

City Council/Successor Agency Minutes of 1/18/22 Page 8 of 9 AYES: Guerrero, Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: None
ABSTAIN: None

15. PUBLIC HEARING – NONE

16. BUSINESS SESSION
A. Adoption of Proposed Resolution No. 22-04 Opposing Initiative 19-0029A1 Presented by the City Attorney’s Office
Recommendation: The City Council is requested to approve proposed Resolution No. 22-04 Opposing Initiative 19-0029A1.

Vice Mayor Gonzalez motioned to approve proposed Resolution No. 22-04 Opposing Initiative 19-0029A1, seconded by Council Member Lomelí. Motion passed 3-1 by the following roll call vote:

AYES: Lomelí, Gonzalez, and Alcantar
NOES: Guerrero
ABSENT: None
ABSTAIN: Lozoya

17. COUNCIL DISCUSSION
A. Council Member Guerrero
i. Latest development regarding the Isaias Cervantes Incident

7. CLOSED SESSION
Vice Mayor Gonzalez announced he will not be participating in closed session item 7B.

Council Member Guerrero announced he will not be participating in closed session item 7A.

At 8:44 p.m., Victor Ponto, City Attorney recessed to closed session.

A. Closed Session Pursuant to Government Code Section 54956.9(e)(1) – Conference with Legal Counsel to Discuss Matter Involving Potential Litigation – One Matter
B. Closed Session Pursuant to Government Code section 54956.9(d)(1) – Conference with Legal Counsel to Discuss Existing Litigation – Cudahy Alliance for Justice v. City of Cudahy, Los Angeles County Superior Court Case No. 20STCP03621

City Council/Successor Agency Minutes of 1/18/22 Page 9 of 9 At 10:04 p.m. Mayor Alcantar reconvened to open session.

8. CLOSED SESSION ANNOUNCEMENT
City Attorney Victor Ponto announced Council was given and direction was received on items 7A and 7B no further reportable action.

18. ADJOURNMENT
Council Member Lozoya motioned to adjourn the City Council / Agency meeting at 10:05 p.m., seconded by Council Member Lomelí. Motion passed 3-0-2 by the following roll call vote:

AYES: Lozoya, Lomelí, and Alcantar
NOES: None
ABSENT: Guerrero and Gonzalez
ABSTAIN: None

Elizabeth Alcantar
Mayor
ATTEST:

Richard Iglesias
City Clerk

Attachment
B

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
02/01/2022 Page 1 of 5

STAFF REPORT
Date: February 1, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Salvador Lopez Jr., Interim Community Development Manager Brian Byun, Of Counsel, BBK Law
Subject: First Amendment to Development Agreement No. DA 20-01 re:
construction of a Mixed-Use Senior Housing Development for the property located at 4610 Santa Ana Street (APN 6224-019-901) RECOMMENDATION:

Staff recommends that the City Council of the City of Cudahy (the “City”):

Adopt on First Reading: Ordinance No. 717 - First Amendment to Development Agreement No. 20-01 (“Agreement”) entitled “First Amendment to Amended and Restated Development Agreement” for the Senior Mixed Use Development Project.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUDAHY,

CALIFORNIA, APPROVING THE FIRST AMENDMENT OF AMENDED

AND RESTATED DEVELOPMENT AGREEMENT FOR CERTAIN REAL
PROPERTY LOCATED AT 4610 SANTA ANA STREET (ASSESSOR
PARCEL NUMBER 6224-019-014) PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65864 ET SEQ. (DEVELOPER: PRIMA

DEVELOPMENT, A CALIFORNIA NONPROFIT PUBLIC BENEFIT

CORPORATION)
January 31, 2022, PLANNING COMMISSION SPECIAL MEETING:

The Planning Commission at their January 31, 2022 Special Meeting, will consider adopting Resolution No. PC 22-04:

1. Approving a modification to Development Review Permit No. 41-539; and

2. Recommending the City Council approval of the First Amendment to Development Agreement No. DA 20-01; and

3. Finding that the foregoing actions are exempt from CEQA review.

BACKGROUND/PROJECT DESCRIPTION:

Item Number
15A

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The Project, as initially proposed by Prima Development (“Applicant” or “Developer”), included the construction of a new six-story senior mixed-use development located on a 58,340 square foot (1.33 acre) lot. The zoning of the Property is Entertainment (E). The Project, as initially proposed, comprised one hundred sixty-three one-bedroom units ranging in size from 485 to 509 square feet, fourteen 717-square-foot two-bedroom apartments (all intended for affordable senior housing), a 945-square-foot two-bedroom manager’s apartment, and approximately 23,000 square feet of ground-floor commercial uses, including a walk-in medical clinic and an adult health day-care center.

On September 28, 2020, the Planning Commission approved or recommended for City Council approval several entitlements related to the project. Besides the DRP and Agreement, the Commission also approved Conditional Use Permit 38-376 to permit a 222% density bonus and associated concessions (“CUP”); Zoning Code Amendment No. 90-12 to allow medical offices and adult day health care facilities as conditional uses of the Project (“ZCA”); and an Addendum to the General Plan EIR (SCH 2017071071) for the Project (“EIR Addendum” and collectively with the DRP, DA, CUP, and ZCA, the “Entitlements”). For a complete description of the Project and the Entitlements, please refer to the Planning Commission agenda report dated September 28, 2020, which is incorporated by reference herein.

On August 16, 2021, the Planning Commission approved Modification of the DRP and recommended for City Council approval Modification of the Agreement to account for, among other changes to the Project, a slight increase in the lot size, a decrease in overall density of the Project, and a decrease in the overall area of the Project. On October 13, 2021, the City Council adopted Resolution No. 20-32 approving, Ordinance No. 711, which approved and adopted the Agreement, which superseded the original development agreement between the City and Developer.

The Applicant now seeks modification of the DRP, pursuant to the comparison table attached hereto as Attachment 1, which is incorporated herein by reference, and specifically the changes in the “Proposed Amendments to Development Agreement” column, which include but are not limited to a reduction in the size of the Project, a decrease in overall units of the Project, and an increase in the number of permanent supportive housing units in the Project. A summary of each change is detailed in the far-right “Change Summary” column.

The Applicant also seeks modification of the Agreement, pursuant to the First Amendment attached hereto as Attachment 2, which is incorporated herein by reference.

ANALYSIS & DISCUSSION:

MODIFICATION OF DEVELOPMENT REVIEW PERMIT
(Considered by the Planning Commission at the January 31, 2022, Planning Commission Meeting)
The development review process is established to improve the general standards and orderly development through review of design, layout and other features of proposed developments and their environs prior to submission of plans for construction. Here, the DRP was initially approved by the Planning Commission in September 2020 and by the City Council in October 2020. It was modified and approved by the Planning Commission in August 16, 2021.

At the time of Planning Commission approval, the proposed Project met General Plan and Zoning standards for use (mixed-use), building height, density, floor area ratio, and front and side setbacks. Although the common and private open space areas did not meet or exceed

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zoning standards, the City waived these shortcomings as concessions granted under the density bonus conditional use permit (CUP 38-376) (“CUP”), which was also approved in fall 2020. The proposed modifications do not disturb the status quo established by the DRP and CUP, as approved by the Planning Commission and City Council last fall.

Table 1 below compares the Project’s characteristics with development standards.

Table 1
Development Standards: Required vs. Proposed Project
General
Plan Zoning Density Height Setbacks(Commercial)
Setbacks
(Residential)
Min Floor
Area
(1-2 BR)
Parking
Private
Open
Space
per unit
Common
Open
Space
Required Ent. Ent.
1,089 SF
40 du/acre
maximum
4+4
with DA
Front: 0 ft
Side: 0 ft.

Rear: 0ft.

Front: 0 ft
Side: 10 ft.

Rear: 10 ft.
700 SF 1 BR
900 SF 2 BR
Residential

0.5 space/unit
87 spaces
Commercial/
Medical
94 spaces
181 total
200
SF/Unit
=
34,800 SF
280 SF/Unit
=
48,720 SF
Approved in
__/2021 Ent. Ent.
177
affordable
dwelling
units
6 stories
Front: 0 ft.

Side: 5’-8” &
58’-0”
Rear: 68’-3”.

Front: 0 ft.

Side: 5’-8” &
29’-0”
Rear: 38’-9”
485-509 SF 1
BR
717 SF 2 BR
Residential

0.5 space/unit
93 spaces
Commercial/
Medical
67 spaces
160 total
16,086 SF 11,552 SF
Consistent? YES YES NO YES YES YES NO YES NO NO
Required Ent. Ent.
1,089 SF
40 du/acre
maximum
4+4
with DA
Front: 0 ft
Side: 0 ft.

Rear: 0ft.

Front: 0 ft
Side: 10 ft.

Rear: 10 ft.
700 SF 1 BR
900 SF 2 BR
Residential

0.5 space/unit
71 spaces
Commercial/
Medical
66 spaces
137 total
200
SF/Unit
=
28,000 SF
280 SF/Unit
=
39,200 SF
Proposed Ent. Ent.
140
affordable
dwelling
units
5 stories
Front: 0 ft.

Side: 5’-8” &
58’-0”
Rear: 68’-3”
Front: 0 ft.

Side: 5’-8” &
29’-0”
Rear: 38’-9”
485-509 SF 1
BR
717 SF 2 BR
Residential

0.5 space/unit
72 spaces
Commercial/
Medical
66 spaces
138 total
13,000 SF 11,552 SF
Consistent? YES YES NO YES YES YES NO YES NO NO
Table 1 shows that, as with the fall 2021 modified DRP, the proposed modified development complies strictly with all applicable development standards for development of new mixed-use developments in the Entertainment Zone with the exception of requested concessions associated with the Project’s density bonus, which were approved in the CUP.

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The table below compares floor area detailed information for the proposed units – as between what was approved by the Planning Commission in September 2020, September 21, 2021, and what is being proposed today:

September 2020 Number of units Number of Bedrooms Habitable Area 155 One-bedroom units 81,685 sq. ft.
24 Two-bedroom units 17,136 sq. ft.

Manager’s Unit Two-bedroom unit 945 sq. ft.

September 21, 2021 163 One-bedroom units 79,055 – 82,967 sq. ft. 14 Two-bedroom units 10,038 sq. ft.

Manager’s Unit Two-bedroom unit 945 sq. ft.

PROPOSED 129 One-bedroom units 62,565 – 65,661 sq ft.
11 Two-bedroom units 7,887 sq ft.
2 Manager’s Units Two-bedroom units 1,890 sq ft.

The development also includes private open spaces for each unit, although not at the required 200 SF per unit. This was one of the density bonus concessions granted by the City. A series of common open spaces are provided throughout which total also fell short of requirements, but was another concession granted by the City associated with the density bonus. Applicant does not propose to reduce the common open space from 11,552 SF, which was approved in fall 2021. The reduction was necessitated by accessibility requirements from the Los Angeles County Fire Department. Correspondingly, in fall 2021, Applicant increased private open space from 9,550 SF to 16,086 SF, but now, seeks to reduce that amount to 13,000 SF.

With the proposed reduction of overall units, the minimum number of on-site residential parking spaces is also reduced – by 19 parking spaces, to 72 spaces. Applicant proposes to eliminate extra residential guest parking and have an overall residential parking space count of 72. With respect to commercial parking spaces, Applicant proposes to (i) reduce the size of the Pace Center and (ii) re-categorize the “non profit” spaces to be “general office” (at more than three times the floor area), resulting in an overall increase of spaces from 64 to 66. The table below identifies the number of spaces required by the Zoning Code and proposed by this modification.

Type of unit # of spaces required # of spaces provided
1-2 Bedrooms 71 spaces
(0.5 spaces/unit)
72 spaces
Commercial/Office Commercial – 66 66 spaces
A total of 138 parking spaces is proposed to be provided. Additionally, bicycle parking spaces for both residential and commercial will also continue to be provided in accordance with the CalGreen Building Code.

MODIFICATION AND CLARIFICATION OF DEVELOPMENT AGREEMENT (Considered Recommending Approval by the Planning Commission at their January 31, 2022, Meeting)
Applicant requests changes to various provisions of the Agreement, the form of Density Bonus Agreement (attached as Exhibit B-1 to the Agreement), and the form of Regulatory Agreement (attached as Exhibit B-2 to the Agreement) that reflect, support, and conform to the above proposed changes to the Project -- namely:

1. Reduction of overall units from 177 to 140;

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2. Increase in number of permanent supportive housing units from 50 to up to 68;

3. Lowering of age eligibility from 62 to 55 for permanent supportive housing units; and

4. Clarification that Applicant will enter into Community Workforce Agreements to cover specific trades providing construction labor services in connection with the Project.

5. Modification to allow for Minor Modifications and Operating Memoranda, rather than City Council approval, for any changes within certain parameters.

ENVIRONMENTAL REVIEW:

The recommended actions are not subject to review under the California Environmental Quality Act (“CEQA”), because the proposed modifications are covered by the previously approved EIR Addendum. The proposed modifications fall within the scope of the previously approved EIR Addendum and are consistent with the analysis already set forth in the Addendum. No new information of substantial importance showing any new significant environmental impacts (such as changes in the nature of the acquisition, changes in the circumstances under which the acquisition is undertaken, or new information) has become available. Thus, no further CEQA review is required. (Pub. Resources Code § 21166; 14 Cal. Code Regs. § 15162.) ATTACHMENTS:

A. Comparison Entitlement to Schematic Design
B. Draft First Amendment to Amended and Restated Development Agreement C. Proposed Development Plans
D. Ordinance No. 717

CUDAHY SENIOR COMPARISON ENTITLEMENT TO SCHEMATIC DESIGN 4610 SANTA ANA
01/25/2022
Change Summary
Zone Ent - Entertainment Ent - Entertainment
Lot Area 1.33 Acres 1.34 Acres (per new survey)
58,340 sf 58,357 sf Increase Lot Size
Density 155 1B Units (527 sf) 86.59% 129 1B Units (485-509 sf) = 92.14% Increase 1BR 24 2B Units (714 sf) 13.41% 11 2B Units (717 sf) = 7.86% Decrease 2BR 179 Units 100.00% 140 Units 100.00% Decrease overall count 134.59 DU / Acre 104.48 DU / Acre
231% Density Increase allowed per Resolution 180% Density Increase Decrease Density PSH Units 50 units 68 units Increase in PSH Units
Construction Trades Project Labor Agreement (PLA) for entire building Community Workforce Agreement (CWA) with Change from PLA to CWA major construction trades for all the residential units FAR (Commercial Only) Allowed Proposed Allowed Proposed 2:1 0.512 :1 2:1 0.383 :1 Decrease FAR
29,883 sf of Commercial 22,350 sf of Commercial
Height Allowed Proposed Allowed Proposed
(per Mixed Use CMU Zone 6 stories 6 Stories 6 stories 5 Stories Decrease story

20.28.040 & 20.56.060) (70'-2" to top of parapet) (63'-0" to top of parapet) Decreased height Setbacks (Commercial) Required Provided Required Provided Front 0 ft 5 ft 0 ft 0 ft Decrease front
Side 0 ft 5 ft 0 ft 5'-8" & 58'-0" Increase side
Rear 0 ft 60 ft 0 ft 68'-3" Increase rear
Setbacks (Residential) Required Provided Required Provided Front 0 ft 5 ft 0 ft 0 ft Decrease front
Side 0 -10 ft 5 ft & 10 ft 0 -10 ft 5'-8" & 29'-0" Increase side Rear 0 -10 ft 10 ft 0 -10 ft 38'-9" Increase rear
Common Open Space Required Provided Required Provided
Courtyard at Podium 11,000 Courtyard at Podium 4,720
Courtyard at Grade 5,517 Couryard at Grade 2,812
Community Room 1,300 Community Room 2,070
280 sf/DU x 179 Units = Roof Deck 2,500 280 sf / DU x 140 Units = Roof Deck 1,950 50,120 sf Total 20,317 39,200 Total 11,552 Decrease Common Open Space 20% Allowable reduction per 20.52.363 10,024 sf 20% Allowable reduction per 20.52.363 7,840 sf

39.5% Additional reduction requested 19,779 sf 50.7% additional reduction requested 19,860 sf Increase requested reduction Private Open Space Required Provided Required Provided
155 1B at 50 sf 7,750 129 1B at 60 sf 7,740
24 2B at 75 sf 1,800 11 2B at 65 sf 715
200 sf/DU x 179 Units = 200 sf/DU x 140 Units = 10 Oversized patios 4,545 35,800 sf Total 9,550 28,000 Total 13,000 Increase Private Open Space 20% Allowable reduction per 20.52.363 7,160 sf 20% Allowable reduction per 20.52.363 5,600 sf

53.3% Additional reduction requested 19,090 sf 33.8% additional reduction requested 9,450 sf Decrease requested reduction Parking Required Provided Required Provided
Residential Residential
177 Units x 0.5/DU 89 138 Units x 0.5/DU 69
2 Mgr Units x 1/DU 2 2 Mgr Units x 1/DU 2
91 spaces Residential = 91 Total 71 Spaces Residential = 72 Decrease residential parking Residential Guest = 27
Commercial Commercial
Pace Center 13,000 sf 2 spaces /1,000 sf = 26 Pace Center 11,751 sf 2 Spaces / 1,000 sf = 24 Clinic 7,000 sf 5 Spaces / 1,000 sf = 35 Clinic 6,995 sf 5 Spaces / 1,000 sf = 35 Reduce commerical area Non Profit 1,200 sf 2.5 Spaces / 1,000 sf = 3 General Office 3,604 sf 2 Spaces / 1,000 sf = 7 Recategorize office space 64 spaces Commercial = 64 66 spaces Commercial = 66 Increase commercial parking 155 spaces 182 spaces 137 spaces 138 Spaces Decrease overall parking count Bike Parking Required Provided Required Provided
Residential Residential Corrected calculation to
Long Term Long Term be per Cal Green
1-25 (1 per DU) 25
26-100 (1 per 1.5 DU) 50 1 Space / 2 DU per CalGreen*
101-179 (1 per 2 DU) 40
Total 115 Res. Long Term = 115 140 Units /2 = 70 Res. Long Term = 70 Decrease Res. Long Term Short Term Short Term
1-25 (1 per10 DU) 3
26-100 (1 per 15 DU) 5 None required per CalGreen*
101-179 (1 per 20 DU) 4
Total 12 Res. Short Term = 12 0 Res. Short Term = 0 Delete Res. Short Term Commercial (21,200 sf) Commercial
Long Term
5% of vehicle parking per CalGreen*
Long Term (1/5,000 sf) 4 Comm. Long Term = 4 67 Spaces x 0.05 = 4 Comm. Long Term = 4 None Short Term
5% of vehicle parking per CalGreen*
Short Term (1/10,000 sf) 2 Comm. Short Term = 2 67 Spaces x 0.05 4 Comm. Short Term = 4 Increase Comm. Short Term Affordable Housing Additional density increase from 40 DU/Acre to 134.6 DU/Acre Additional density increase from 40 DU/Acre to 104.5 DU/Acre Density decrease Incentives Requested Common open space reduction from 20% to 59.5% Increase common open space reduction from 20% to 50.7% Increase reduction Private open space reduction from 20% to 73.3% Increase private open space reduction from 20% to 33.8% Increase reduction Reducing parking per Affordable Density Bonus Law Reduce parking per Affordable Density Bonus Law Reduce parking Gross Area Summary
Residential Area 98,821 sf 77,713 sf
Balconies 11,600 sf 12,977 sf
Corridors / Stairs 29,500 sf 19,933 sf
Leasing / Amenity /Common 3,100 sf 7,335 sf
Commercial 21,200 sf 22,695 sf
Utilities 2,250 sf 6,674 sf
Parking 18,888 sf 0 sf
Subterranean Parking 50,900 sf 44,006 sf
Grand Total 236,259 sf 191,333 sf Decrease overall area *
Current Development Agreement Proposed Amendments to Development Agreement Attachment A Page 26 of 93
55733.00004\34765951.2

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Cudahy
c/o City Clerk
5220 Santa Ana Street
Cudahy, CA 90201
______________________________________________________________________________ (Space Above Line for Recorder’s Use)
Exempt from Recording Fee pursuant to
Gov’t C. § 27388.1(a)(2)(D)

FIRST AMENDMENT

TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT (“First Amendment”) to the Amended and Restated Development Agreement (“Agreement”) dated __________, 2021, is hereby entered into this ____ day of _______, 2022 (the “Effective Date”) by and between CITY OF CUDAHY, a California municipal corporation (“City”) acting in its capacity , and PRIMA DEVELOPMENT, a California nonprofit public benefit corporation (“Developer”) (each a “Party” and collectively, the “Parties”).

RECITALS
This First Amendment is made and entered into with respect to the following facts:

WHEREAS, capitalized terms used but not defined in these Recitals shall have the meaning set forth in the Agreement; and
WHEREAS, the Agreement sets forth the terms and conditions pursuant to which the Developer will develop a mixed-use affordable senior citizen housing project (the “Project”) on that certain vacant 1.34-acre (58,370 square feet) parcel located at 4610 Santa Ana Street, Cudahy, CA 90201 (APN No. 6224-019-014), also known as “Site 3” (the “Property”), as more particularly described on Exhibit A to the Agreement; and WHEREAS, on or about October 19, 2021, the City sold and transferred the Property to Developer pursuant to that certain the Parties entered into that certain Mixed-Use Senior Citizen Affordable Housing Purchase And Sale Agreement and Joint Escrow Instructions (“Purchase Agreement”); and
WHEREAS, on October 13, 2020, the City Council adopted Resolution No. 20-32 approving, among other things, Ordinance No. 711, which approved and adopted the original Development Agreement between the City and Developer (“Original Development Agreement”); and
WHEREAS, on October 5, 2021, the City Council approved Ordinance No. 715, which approved and adopted the Agreement, which supersedes the Original Development Agreement between the City and Developer; and
Attachment B Page 27 of 93
55733.00004\34765951.2
WHEREAS, Developer seeks, among other changes to the Agreement, to reduce the size of the Project by eliminating one floor and reducing the total number of units from 177 to 140, but increasing the potential number of permanent supportive housing (“PSH”) units from 50 to up to 68; and
WHEREAS, the Agreement allows for Minor Modifications (pursuant to Section 1.22) and Operating Memoranda (pursuant to Section 13.5) to memorialize certain changes that increase a building’s footprint, gross interior building area, density, intensity of use, etc. without the need for City Council approval; however, due to the proposed 21% reduction of units in the Project, neither of those procedures is technically appropriate, and an amendment must be processed pursuant to Section 13.2 of the Agreement.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

1. Section 1.22 of the Agreement is hereby amended to read in its entirety as follows:

Minor Modification. “Minor Modification” means any minor modification or series of such minor modifications of the Project, where Developer seeks and obtains no more than a five percent (5%) change of either building’s footprint or an aggregate change of no more than ten percent (10%) of the total gross interior building area of the Project, as set forth in the architect’s site plan considered and approved by the City as part of the Existing Development Approvals, provided such Minor Modification is otherwise consistent with the other applicable elements of the Development Approvals and the existing Land Use Regulations and further provided that such Minor Modification shall not result in any rental dwelling unit being smaller than 500 square feet in size and the total number of rental dwelling units in the Project shall not be changed by more than ten (10) rental dwelling units.

The aforementioned percentage change in total gross interior building area shall be based upon a modified larger building footprint, as authorized in this Section 1.22, if applicable. In the case of a Minor Modification which changes the buildable square footage of the Project, the Project’s Development Fees shall be adjusted in an amount based upon the changed square footage. A Minor Modification is not an amendment to this Development Agreement and is not subject to the procedures set forth in Section 13.2.

2. Section 1.32 of the Agreement is hereby amended to read in its entirety as follows:

Senior Citizen. “Senior Citizen” as used in this Agreement means a person sixtytwo (62) years of age or older, as provided by Civil Code Section 51.3(b); provided, however, that for purposes of permanent supportive housing units in the Project, “Senior Citizen” shall mean a person fifty-five (55) years of age or older.

3. Section 3.2(a) of the Agreement is hereby amended to read in its entirety as follows:
(a) not to exceed one hundred forty (140) units, inclusive of a density bonus, apartment building for Senior Citizen households funded with LIHTC allocated to

55733.00004\34765951.2
the Senior Citizen Housing Project by TCAC;

4. Section 3.3 of the Agreement is hereby amended to read in its entirety as follows:
(a) not to exceed one hundred twenty-nine (129) one-bedroom units and nine (9) two-bedroom units;

5. Section 3.4 of the Agreement is hereby amended to read in its entirety as follows:

Based upon Developer’s tax credit application it is anticipated that the Project will serve Very Low Income Households. Up to Sixty-Eight (68) of the total number of dwelling units in the Senior Citizen Housing Project will be reserved for permanent supportive housing for eligible Senior Citizen households whose annual income at the time of initial occupancy in the Senior Citizen Housing project does not exceed Very Low Income, adjusted for family size. Up to two (2) of the total number of dwelling units in the Senior Citizen Housing Project will be unrestricted and reserved for on-site manager and staff. Up to two (2) additional units of the total number of dwelling units in the Senior Citizen Housing Project may be unrestricted and made available for Senior Citizen households whose annual income at the time of initial occupancy in the Senior Citizen Housing Project exceeds Very Low Income adjusted for family size and meeting applicable occupancy standards (Market Rate Units). The balance of such dwelling units in the Senior Citizen Housing Project shall be reserved for occupancy by Senior Citizen households who do not receive permanent supportive services and whose annual income at the time of initial occupancy in the Senior Citizen Housing Project does not exceed Very Low Income (e.g., up to fifty percent (50%) of Los Angeles County Area Median Income (“AMI”)) adjusted for family size and meeting applicable occupancy standards, as well as designated unit(s) for on-site property management staff and Market Rate Units. Notwithstanding the foregoing, the City’s Regulatory Agreement recorded against the Property shall only apply to forty-nine percent (49%) of the units.

6. Section 3.5 of the Agreement is hereby amended to read in its entirety as follows:

The general age restriction of the Senior Citizen Housing Project applies to persons who are sixty-two (62) years of age or older, and the specific age restriction for permanent supportive housing units within the Project shall apply to persons who are fifty-five (55) years of age or older. Such age restrictions for occupancy in the Senior Citizen Housing Project shall be recorded in a restrictive covenant against the Senior Citizen Housing Project as provided in Section 3.10.5 upon the acquisition of the Property by the Developer from the City and such Senior Citizen occupancy restrictive covenant shall continue in perpetuity.

7. Section 7.2.1 of the Agreement is hereby amended to read in its entirety as follows:

Developer shall enter into Community Workforce Agreements (CWA) to cover specific trades as deemed appropriate by the City Manager, the Developer, and persons who provide construction labor services in connection with the

55733.00004\34765951.2
construction of the Senior Citizen Housing Project Property.

8. Section 13.5 of the Agreement is hereby amended to read in its entirety as follows:

Operating Memoranda. The provisions of this Development Agreement require a close degree of cooperation and flexibility between the City and Developer. The Development of the Property may demonstrate that clarifications or modifications to this Development Agreement or the Existing Land Use Regulations are appropriate with respect to the details of performance of the City and Developer.

To the extent allowable by law, Developer shall retain a certain degree of flexibility as provided herein with respect to all matters, items and provisions covered in general under this Development Agreement. When and if the Developer finds it necessary or appropriate to make changes, adjustments or clarifications to matters, items or provisions in this Development Agreement, including to the public benefits referenced in Section 7, the Parties shall effectuate such changes, adjustments or clarifications through operating memoranda (“Operating Memoranda”) approved by the Parties in writing which reference this Section 13.5. Operating Memoranda are not intended to constitute either a substantial change or an amendment to this Development Agreement, but are ministerial clarifications or changes and adjustments that would result in a modified Project within the parameters of the previously Council-approved Project; and accordingly, public notices and hearings shall not be required in the case of the mutual approval of an Operating Memorandum. Operating Memoranda may be used and thus deemed nonsubstantive and/or procedural if, for example in the case of an adjustment or clarification as relates to a Development Approval such change: (i) does not change the density or intensity of use of the Property, unless such changes are consistent with the Existing Land Use Regulations; (ii) does not change the permitted uses of the Property, unless such uses are consistent with the Existing Land Use Regulations; (iii) does not change the maximum size of buildings on the Property beyond changes which constitute Minor Modifications or are consistent with the Existing Land Use Regulations; (iv) does not change the amount of land to be dedicated for public purposes; or (v) does not change improvement and construction standards and specifications for the Project. The City Manager in consultation with the City Attorney shall determine whether a requested change or clarification may be effectuated pursuant to this Section or whether the requested change or clarification is of such character to constitute either a substantive change or an amendment to this Development Agreement which requires compliance with the provisions of Section 13.2 of this Development Agreement.

9. Section 1.2 of the Senior Citizen Occupancy Covenant and Housing Density Bonus Agreement, attached to the Agreement as Exhibit B-1 (the “Density Bonus Agreement”), is hereby amended to read in its entirety as follows:

The purpose of this Agreement is to evidence the City’s acceptance of the offer of Developer to provide up to one hundred forty (140) Dwelling Units on the Senior Citizen Housing Project Property (subject to Minor Modifications) for use and occupancy by Eligible Senior Citizen Households as part of the Project during the

55733.00004\34765951.2
Term hereof. In the absence of the recordation of this Agreement, the Cudahy Municipal Code permits the development and occupancy of a maximum of fiftyfour (54) dwelling units on the lands on which the Project shall be developed, including the Senior Citizen Housing Project Property. Pursuant to the Density Bonus Law and the covenant of Developer to undertake and operate the Senior Housing Project in accordance with the Development Agreement, the total number of Dwelling Units as shall be constructed on the Property by Developer may exceed the fifty-four (54) dwelling unit base up to the maximum number of Dwelling Units authorized by the Development Agreement (e.g., up to 140 dwelling units subject to Minor Modification).

10. Section 1.3.9 of the Density Bonus Agreement is hereby amended to read in its entirety as follows:

Senior Citizen. Senior Citizen means and refers to any person who is at least sixtytwo (62) years of age at the time of such person’s initial occupancy of a Dwelling Unit as part of a Senior Citizen Household; provided, however, that for purposes of permanent supportive housing units in the Project, “Senior Citizen” shall mean a person fifty-five (55) years of age or older.

11. Recital D of the Senior Citizen Housing Project Regulatory Agreement and Declaration of Restrictive Covenants, attached to the Agreement as Exhibit B-2 (the “Regulatory Agreement”), is hereby amended to read in its entirety as follows:

In the Development Project Application, Developer offers to undertake the development and operation of the Project subject to the City’s approval of the Development Agreement, and Developer’s plan of improvement of the Project and Developer’s outside financing commitment will result in all of the residential dwelling units in the Senior Citizen Housing Project element of the Project being reserved for occupancy by very low income senior citizen households as authorized by California Government Code Section 65915 et seq. Notwithstanding the foregoing, this City Regulatory Agreement shall only restrict up to 68 of the 140 units as affordable to very low income households.

12. Recital E of the Regulatory Agreement is hereby amended to read in its entirety as follows:

Pursuant to the application of the Density Bonus Law to the Property and the Senior Citizen Housing Project, and subject to the satisfaction of the covenants of the Developer as provided in the Development Agreement and this Agreement, the Developer may construct up to one hundred forty (140) rental dwelling units on the Senior Citizen Housing Project Property (subject to “Minor Modifications” as this term is described in the Development Agreement).

13. Section 2.1(a) (Occupancy Requirements) of the Regulatory Agreement is hereby amended to read in its entirety as follows:

55733.00004\34765951.2
(a) The Developer covenants that each Dwelling Unit shall be occupied or available for occupancy by an Eligible Senior Household at an Affordable Rent on a continuous basis throughout the Term, in accordance with the following tenant income level mix: Not less than sixty-eight (68) units shall be occupied or available for occupancy by Eligible Senior Households that are 50% Households.

14. The provisions of this First Amendment shall be deemed a part of the Agreement (including the Density Bonus Agreement and the Regulatory Agreement), and except as otherwise provided under this First Amendment, the Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Agreement, the provisions of this First Amendment shall control, but only insofar as such provisions conflict with the Agreement and no further.
[Signatures on following page]

55733.00004\34765951.2
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.

CITY:

CITY OF CUDAHY, a California municipal
corporation
By:

Alfonso Noyola,
City Manager
DEVELOPER:

PRIMA DEVELOPMENT, a California
nonprofit public benefit corporation,
By:

Fernando Vasquez
President
APPROVED AS TO FORM:

City Attorney
By:

Victor Ponto

July 30, 2021
Attachment C Page 34 of 93

PROJECT DIRECTORY

EXECUTIVE ARCHITECT
AC MARTIN, INC.
444 S. FLOWER ST., SUITE 1220
LOS ANGELES, CA 90071
PHONE: (213) 614-6050
CONTACT: HUGO SUAREZ
EMAIL: [email protected]
CONTACT: ALLISON SUMNER
EMAIL: [email protected]

MECHANICAL ENGINEER
OWNER

NATIONAL COMMUNITY RENAISSANCE (NCRC)
9124 HAVEN AVENUE
RANCHO CUCAMONGA, CA, 91730
PHONE: (909) 204-3448
CONTACT: KEVIN CHIN
EMAIL: [email protected]
CONTACT: TIM KOHUT
EMAIL: [email protected]
CONTACT: CHRIS KILLIAN
EMAIL: [email protected]

GEOTECHICAL ENGINEER

ELECTRICAL ENGINEER

CIVIL ENGINEER

STRUCTURAL ENGINEER

ACCESSIBILITY CONSULTANT LEED CONSULTANT

LANDSCAPE ARCHITECT

PLUMBING ENGINEER
DK ENGINEER, CORP.
6420 WILSHIRE BLVD, SUITE 1000
LOS ANGELES, CA, 90048
PHONE: (310) 926-0248
CONTACT: DAN KRIEF
EMAIL: [email protected]
CONTACT: MATT PLOURDE
EMAIL: [email protected]

METRICS MECHANICAL ENGINEERING
510 STATE STREET, SUITE 285
SANTA BARBARA, CA, 93101
PHONE: (805) 770-7820
CONTACT: TYLER REYNOLDS
EMAIL: [email protected]

GREY ELECTRICAL CONSULTING & ENGINEERING CORP
2529 PROFESSIONAL PKWY., SUITE A
SANTA MARIA, CA, 93456
PHONE: (805) 361-0525
CONTACT: HEATHER GRAY
EMAIL: [email protected]

MING YANG YEH & ASSOCIATES
131 WEST GREEN STREET
PASADENA, CA, 91105
PHONE: (626) 499-9886
CONTACT: MING YEH
EMAIL: [email protected]

CITY FABRICK
425 EAST 4TH ST., UNIT E
LONG BEACH, CA 90802
PHONE: (562) 901-2128
CONTACT: BRIAN ULASZEWSKI
EMAIL: [email protected]
CONTACT: MINA ROADES
EMAIL: [email protected]

ACOUSTICAL ENGINEER

METRICS MECHANICAL ENGINEERING
510 STATE STREET, SUITE 285
SANTA BARBARA, CA, 93101
PHONE: (805) 770-7820
CONTACT: TYLER REYNOLDS
EMAIL: [email protected]
RAIMI + ASSOCIATES
706 SOUTH HILL STREET, 11TH FLOOR
LOS ANGELES, CA 90014
PHONE: (213) 599.7670
CONTACT: WALKER WELLS
EMAIL: [email protected]

CONVERSE CONSULTANTS
717 S. MYRTLE AVENUE
MONROVIA, CA 91016
PHONE: (626) 930-1275
CONTACT: SIVA K. SIVATHASAN
EMAIL: [email protected]

VENEKLASEN ASSOCIATES
1711 SIXTEENTH ST
SANTA BARBARA, CA, 90404
PHONE: (310) 450-1733
CONTACT: PABLO CANTERO
EMAIL: [email protected]

PRIMA DEVELOPMENT
(PRIMA)
12401 WOODRUFF AVE., SUITE 10
DOWNEY, CA 90241
PHONE: (562) 725-3050
CONTACT: FERNANDO VASQUEZ
EMAIL: [email protected]

SCW ARCHITECTS
CONTACT: SOYOUNG WARD
EMAIL: [email protected]

ENVIRONMENTAL/ REMEDIATION CONSULTANT

CONVERSE CONSULTANTS
717 S. MYRTLE AVENUE
MONROVIA, CA 91016
PHONE: (626) 930-1275
CONTACT: SIVA K. SIVATHASAN
EMAIL: [email protected]

GENERAL CONTRACTOR

NATIONAL COMMUNITY RENAISSANCE (NCRC)
9124 HAVEN AVENUE
RANCHO CUCAMONGA, CA, 91730
PHONE: (909) 204-3448
CONTACT: KEVIN CHIN
EMAIL: [email protected]
CONTACT: CHRIS KILLIAN
EMAIL: [email protected]

VICINITY MAP
TOTAL BIKE PARKING REQUIRED/ PROVIDED 98 SPACES
67 REAR YARDS 0 - 10 FT 38'-9" FT
SIDE YARDS 0 - 10 FT 5'-8" FT AND 29'-0" FT
FRONT YARDS 0 FT 0 FT

SETBACK REQUIRED (FT) SETBACK PROVIDED (FT)

RESIDENTIAL
REAR YARDS 0 FT 68'-3" FT
SIDE YARDS 0 FT 5'-8" FT AND 58'-0" FT
FRONT YARDS 0 FT 0 FT

SETBACK REQUIRED (FT) SETBACK PROVIDED (FT)

COMMERCIAL

ENTERTAINMENT ZONING SETBACK REQUIREMENTS

SETBACKS
07/30/21
*HEIGHT MEASURED FROM AVERAGE GRADE TO HIGHEST ROOF POINT OF THE BUILDING 4 + 2 5 STORIES
HEIGHT LIMIT PER ZONING MAX HEIGHT PROPOSED*
CMU ZONE = 4 + 2 PER 20.28.040 AND 20.56.060

COMMERCIAL MIXED-USE ZONE - BUILDING HEIGHT

BUILDING HEIGHT

PARKING MATRIX
*INSTALLED ACCESSIBLE EVCS DO NOT COUNT TOWARDS TOTAL REQUIRED ADA PARKING

EVCS PUBLIC USE VAN ACCESSIBLE STALLS -
*INSTALLED - 144 INCHES WIDE PER 11B-812.7
(CALGREEN 4.106.4.2.1 & CBC 11B-228.3.2.1)
1 - 4 1 EVCS INSTALLED 1 VAN EVCS*

NON-RESIDENTIAL VAN STALLS
(PER CBC 11B-208.2.4) 1:6 (MIN 1) 3 TOTAL ACCESSIBLE 1 VAN

NON-RESIDENTIAL ACCESSIBLE STALLS
(PER CBC 11B-208.2) 51 - 75 66 3

PARKING RATIO TOTAL STALLS REQUIRED / PROVIDED

ACCESSIBLE PARKING - NON-RESIDENTIAL

EVCS COMMON USE VAN ACCESSIBLE STALLS -
*INSTALLED - 144 INCHES WIDE PER 11B-812.7
(CALGREEN 4.106.4.2.1 & CBC 11B-228.3.2.1)
1 - 4 1 EVCS INSTALLED 1 VAN EVCS*

VAN ACCESSIBLE STALLS
(PER CBC 11B-208.2.4) 1:6 (MIN 1) 3 TOTAL ACCESSIBLE 1 VAN

ADA ACCESSIBLE STALLS
(PER CBC TABLE 11B-208.2) 51-75 72
(< 1 PER DU) 3

PARKING RATIO TOTAL STALLS REQUIRED / PROVIDED

ACCESSIBLE PARKING - RESIDENTIAL
TOTAL STALLS PROVIDED 7 FEV
1 CLEAN AIR
1 EVCS
TOTAL STALLS REQUIRED 9
INSTALLED EVCS SPACES NOT REQUIRED 0
FUTURE EV (FEV) SPACES (TABLE 5.106.5.3.3)
COUNTED AS PART OF CLEAN AIR REQ.
51-75 66 7
CLEAN AIR/CARPOOL (TABLE 5.106.5.2) 51-75 66 9

PARKING RATIO TOTAL NON-RESIDENTIAL PARKING STALLS REQUIRED CAL GREEN NON-RESIDENTIAL PARKING REQUIREMENTS (CHAPTER 5) TOTAL STALLS PROVIDED 7 FEV
1 EVCS
TOTAL STALLS REQUIRED 8
INSTALLED EVCS SPACES NOT REQUIRED 0
FUTURE EV (FEV) SPACES (SECTION 4.106.4.2) 0.10 72 8

PARKING RATIO TOTAL RESIDENTIAL PARKING STALLS REQUIRED CAL GREEN RESIDENTIAL PARKING REQUIREMENTS (CHAPTER 4)
TOTAL STALLS PROVIDED 66
TOTAL STALLS REQUIRED 66
OFFICE 2.00 3,604 7
CLINIC 5.00 6,995 35
OFFICE (PACE CENTER) 2.00 11,751 24

USE PARKING RATIO
(PER 1,000 S.F.) SQ. FT. STALLS REQUIRED

NON-RESIDENTIAL STALLS REQUIRED
TOTAL STALLS PROVIDED 72
TOTAL STALLS REQUIRED 71
2 BED MANAGER UNITS 1.00 2 2
2 BED 0.50 9 4.5
1 BED 0.50 129 64.5

UNIT TYPE PARKING RATIO
(PER DU) NO. OF UNITS STALLS REQUIRED

RESIDENTIAL PARKING STALLS REQUIRED
BIKE PARKING (PER 2019 CALGREEN)

RESIDENTIAL (VOLUNTARY)
LONG TERM: 1 SPACE PER 2 UNITS
140 UNITS/ 2 = 70 SPACES

COMMERCIAL (MANDATORY)
LONG TERM: 5% OF PARKING SPACES
67 SPACES X 0.05 = 4 SPACES
SHORT TERM: 5% OF PARKING SPACES
67 SPACES X 0.05 = 4 SPACES
TOTAL BIKE PARKING REQUIRED/ PROVIDED 78 SPACES

BICYCLE PARKING

1. ADDITIONAL DENSITY INCREASE FROM 40 DU/ ACRE TO 104.5 DU/ ACRE

2. ADDITIONAL COMMON OPEN SPACE REDUCTION BEYOND ALLOWABLE 20% OF 50.7%

3. ADDITIONAL PRIVATE OPEN SPACE REDUCTION BEYOND ALLOWABLE 20% TO 33.8%

4. REDUCED PARKING PER AFFORDABLE DENSITY BONUS LAW
AFFORDABLE HOUSING INCENTIVES TOTAL UNITS PROVIDED 140
TOTAL UNITS ALLOWED 179

DENSITY BONUS FOR AFFORABLE UNITS
231% INCREASE ALLOWED PER
RESOLUTION 20-31
TOTAL PROPOSED DENSITY 104.5 DU/ ACRE
LOT AREA PER UNIT PER CMU ZONE 40 DU/ ACRE
COMMERCIAL MIXED-USE ZONE - DENSITY PER TABLE 20.28-2

DENSITY
PROPOSED FAR (COMMERCIAL ONLY) 0.383 : 1 (22,350 SF)
ALLOWABLE FAR (COMMERCIAL ONLY) 2 : 1
ENTERTAINMENT ZONE - FAR PER TABLE 20.20-2
FAR
COMMON
COMMUNITY ROOM 2,070 SF
COURTYARD 4,720 SF
PLAZA 2,812 SF
ROOF DECK 1,950 SF
COMMON 11,552 SF

PRIVATE
BALCONY 13,000 SF
PRIVATE 13,000 SF
280 SF/DU PER COMMERCIAL MIXED-USE (TABLE 20.28-2) X 140 DU = 39,200 SF 20% ALLOWABLE REDUCTION PER 20.52.330 - 7,840 SF

50.7% REDUCTION REQUESTED PER AFFORDABLE HOUSING INCENTIVE - 19,860 SF REQUIRED: 11,500 SF
200 SF/DU PER COMMERCIAL MIXED-USE (TABLE 20.28-2) X 140 DU = 28,000 SF 20% ALLOWABLE REDUCTION PER 20.52.330 - 5,600 SF

33.8% REDUCTION REQUESTED PER AFFORDABLE HOUSING INCENTIVE - 9,450 SF REQUIRED: 12,950 SF

COMMON OPEN SPACE REQUIRED

PRIVATE OPEN SPACE REQUIRED

COMMON AND PRIVATE OPEN

SPACE PROVIDED
*5% IS USED FOR ACCESSIBLE PARKING ANALYSIS PER 2020 CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE REGULATION SECTION 10325 (f)(7)(K), "IN ALL OTHER RESPECTS, APPLICABLE BUILDING CODE WILL APPLY" CA STATE TAX CREDITS (SENIOR) 50% (70 UNITS) 10% (14 UNITS) X 2019 CALIFORNIA BUILDING CODE *5% (7 UNITS) 2% (3 UNITS) X

SOURCE OF FUNDING, CODES AND

STANDARDS

PERCENT OF MOBILITY

UNITS REQUIRED

PERCENT OF

COMMUNICATION UNITS

REQUIRED

UNIVERSAL
DESIGN
TOTAL 140 (100%) 14 (10%) 14 (10%)
2-BEDROOM 11 (7.9%) CBC (2%) = 0.22
TCAC (10%) = 1.1
2 1-BEDROOM 129 (92.1%) CBC (2%) = 2.6
TCAC (10%) = 12.9
12 SEE

UNIT MATRIX

REQUIRED PROVIDED UNIT LOCATION
UNIT TYPE NO. OF UNIT TYPE

PROVIDED

COMMUNICATION FEATURES UNITS

COMMUNICATION FEATURES UNIT
TOTAL 140 (100%) 70 (50%) 70 (50%)
2-BEDROOM 11 (7.9%) CBC (5%) = 0.6
TCAC (50%) = 5.5
6 1-BEDROOM 129 (92.1%) CBC (5%) = 6.5
TCAC (50%) = 64.5
64 SEE

UNIT MATRIX

REQUIRED PROVIDED UNIT LOCATION
UNIT TYPE NO. OF UNIT TYPE

PROVIDED

MOBILITY FEATURES UNITS
MOBILITY FEATURES UNIT (90% OF UNITS MEET CBC 11B REQUIREMENTS)

UNIT SUMMARY

UNIT MIX - NET AREA
TYPE NAME COUNT AREA %
ONE BEDROOM A1 39 18,666 SF 27.94%
ONE BEDROOM (MOBILITY) A1-AM 7 3,351 SF 7.02%
ONE BEDROOM (COMMUNICATION) A1-C 12 5,745 SF 4.84%
ONE BEDROOM (MOBILITY) A1-M 59 28,339 SF 58.54%
ONE BEDROOM A2 7 3,563 SF 0.77%
ONE BEDROOM (COMMUNICATION) A2-AC 1 505 SF 0.01%
ONE BEDROOM A3 3 1,518 SF 0.15%
ONE BEDROOM (COMMUNICATION) A3-AC 1 504 SF 0.01%
TWO BEDROOM B1 3 2,137 SF 0.13%
TWO BEDROOM (MNGR) B1 - MGR 2 1,419 SF 0.07%
TWO BEDROOM (MOBILITY) B1-AM 1 711 SF 0.09%
TWO BEDROOM (MOBILITY) B1-M 5 3,567 SF 0.43%
TOTAL 140 70,025 SF 100.00%

PROJECT DESCRIPTION

PROJECT ADDRESS

LEGAL DESCRIPTION

PROJECT DESCRIPTION

LOT AREA

ZONING INFORMATION
CODES

FUNDING SOURCE
• 2019 CALIFORNIA MECHANICAL CODE (CMC)
• 2019 CALIFORNIA PLUMBING CODE (CPC)
• 2019 CALIFORNIA ELECTRICAL CODE (CEC)
• 2019 CALIFORNIA BUILDING (CBC) AND FIRE CODES
• 2019 CALIFORNIA TITLE 24 ENERGY REQUIREMENTS (T24)
• 2019 CALIFORNIA GREEN BUILDING
• FHA ACCESSIBLE GUIDELINES USING THE SAFE HARBOR AS PERMITTED PER THE 1998 FHA DESIGN MANUAL WITH ANSI A117.1 - 1986 PER REQUIREMENTS 1 & 2 AND 2010 ADA WITH THE MAY 23, 2014 DEEMING

DOCUMENT OF THE NON-EQUIVALENCY PER UFAS
4 STORIES OF TYPE V-A 100% AFFORDABLE SENIOR APARTMENTS (140 UNITS TOTAL) OVER 1 LEVEL OF TYPE I-A COMMERCIAL (COMMUNITY SERVICE FACILITY) AND 1 LEVEL OF TYPE I-A UNDERGROUND PARKING
SPRINKLER SYSTEM PROPOSED: NFPA-13
4610 SANTA ANA STREET, CUDAHY, CA 90201
APN:
6224-019-901
APPROXIMATELY 1.34 ACRE PER SURVEY

ENT - ENTERTAINMENT
CTCAC

CALIFORNIA MULTI-FAMILY HOUSING (MHP)

HIGH INFILL INFRASTRUCTURE GRANT (HIGH IIG)
OCCUPANCY S-2 PARKING GARAGE
R-2 RESIDENTIAL
A-3 ASSEMBLY

B BUSINESS

GROSS FLOOR AREA
COMMERCIAL T.I. 22,695 SF
COMMON 2,813 SF
ELEVATOR 544 SF
PARKING GARAGE 44,006 SF
STAIR 1,223 SF
UTILITY 4,032 SF
TYPE I-A (INCLUDING UNDERGROUND PARKING) 75,313 SF
BALCONY 12,977 SF
COMMON 481 SF
COMMUNITY ROOM 2,074 SF
CORRIDOR 16,030 SF
ELEVATOR 677 SF
PODIUM COURTYARD 5,945 SF
RESIDENTIAL UNITS 77,713 SF
ROOF DECK 1,967 SF
STAIR 2,680 SF
UTILITY 1,421 SF
TYPE V-A 121,965 SF
TOTAL: 197,278 SF

SANTA ANA ST
5' WIDE PLANTER

BIKE PARKING
ELEC
MECH
TRASH
2-STORY

MULTIFAMILY
5%

SLOPE DN
5%

SLOPE DN

COMMERCIAL

COMMERCIAL
1 1
COMM.

PARKING
OPEN

COURTYARD
5,517 sf

LOADING
FLOOR
ABOVE

COMMERCIAL
20,000 sf

NON PROFIT
SPACE
1217 sf
COMM. ELEV.

RESI.

ELEV.

T
13 17
2 6
7 R
c c
c c c c c c c c c c c c c c c c c

LINE OF
BLDG

ABOVE GATE
2 2
DBL. HEIGHT

LEASING
164 sf

SECURITY

LEASING
500 sf
OFFICE
RR
LOBBY
350 sf

MEETING
287'-8"294'-8"
194'-0"
198'-0"
295'-0"
287'-8"
198'-0"
188'-11"
5'-0"
3'-5" 5'-8"
2'-0"
2'-0" 2'-0"
5'-0"
RR

RESIDENTIAL SHORT TERM
BIKE PARKING - 12

COMMERCIAL SHORT TERM
BIKE PARKING - 2

COMMERCIAL LONG TERM
BIKE PARKING - 4
TOTAL - 18 STALLS

SANTA ANA ST

ATLANTIC AVE
2 STORY

MULTIFAMILY

COMMERCIAL

COMMERCIAL COMMERCIAL

COMMERCIAL

COMMERCIAL
Address: 4610 Santa Ana Street, Cudahy, CA 90201
Property Owner: Cudahy Successor Agency
Zone: Ent - Entertainment
Lot area: 58,340 sf (1.33 ac)
Proposed Use:

Mixed Use: 100% affordable senior apartments over ground level Commercial (Community Serving Commercial Space)
Allowable per 20.20.020
Project Density:

Residential per Mixed Use Standards for CMU Zone - 40 du/ac Total proposed density: 130.8 du/ac
Affordable Density Incentive: 328 % Density Increase
FAR:

Allowable FAR (commercial only) = 2:1
Proposed FAR: 29,883 sf/58340 sf = 0.51
Height: Maximum allowable for Mixed Use
CMU Zone = 4 + 2 per 20.28.040 & 20.56.060
Proposed = 6 stories
Setbacks: Commercial:

Required Provided
Front: 0 ft 5 ft
Side: 0 ft 5 ft
Rear: 0 ft 60 ft
Residential:

Required Proposed
Front 0 ft 5 ft
Side 0-10 ft 10 ft
Rear 0-10 ft 10 ft
Common
Open Space:

Required: 280 sf/du x
Provided: Courtyard @ Podium: 11,000 sf
Courtyard @ Grade: 5,517 sf
Community Room: 1,300 sf
Roof Deck: 2,500 sf
Total Provided: 20,317 sf
20% allowable reduction per 20.52.363 9,744 sf
38 % Additional reduction requested: 18,659 sf
c to 13
% to 4
to 72.9
Bonus
7 15
13 10 14
1 2 4 6
8 12
3 5
9 11
3 5
1 2
4 6

SANTA ANA ST
5' WIDE PLANTER

BIKE PARKING
ELEC
MECH
TRASH
2-STORY

MULTIFAMILY
5%

SLOPE DN
5%

SLOPE DN

COMMERCIAL

COMMERCIAL
1 1
COMM.

PARKING
OPEN

COURTYARD
5,517 sf

LOADING
FLOOR
ABOVE

COMMERCIAL
20,000 sf

NON PROFIT
SPACE
1217 sf
COMM. ELEV.

RESI.

ELEV.

T
13 17
2 6
7 R
c c
c c c c c c c c c c c c c c c c c

LINE OF
BLDG

ABOVE GATE
2 2
DBL. HEIGHT

LEASING
164 sf

SECURITY

LEASING
500 sf
OFFICE
RR
LOBBY
350 sf

MEETING
287'-8"294'-8"
194'-0"
198'-0"
295'-0"
287'-8"
198'-0"
188'-11"
5'-0"
3'-5" 5'-8"
2'-0"
2'-0" 2'-0"
5'-0"
RR

RESIDENTIAL SHORT TERM
BIKE PARKING - 12

COMMERCIAL SHORT TERM
BIKE PARKING - 2

COMMERCIAL LONG TERM
BIKE PARKING - 4
TOTAL - 18 STALLS

SANTA ANA ST
2 STORY

MULTIFAMILY

COMMERCIAL

COMMERCIAL

COMMERCIAL
Address: 4610 Santa Ana Street, Cudahy, CA 90201
Property Owner: Cudahy Successor Agency
Zone: Ent - Entertainment
Lot area: 58,340 sf (1.33 ac)
Proposed Use:

Mixed Use: 100% affordable senior apartments over ground level Commercial (Community Serving Commercial Space)
Allowable per 20.20.020
Project Density:

Residential per Mixed Use Standards for CMU Zone - 40 du/ac Total proposed density: 130.8 du/ac
Affordable Density Incentive: 328 % Density Increase
FAR:

Allowable FAR (commercial only) = 2:1
Proposed FAR: 29,883 sf/58340 sf = 0.51
Height: Maximum allowable for Mixed Use
CMU Zone = 4 + 2 per 20.28.040 & 20.56.060
Proposed = 6 stories
Setbacks: Commercial:

Required Provided
Front: 0 ft 5 ft
Side: 0 ft 5 ft
Rear: 0 ft 60 ft
Residential:

Required Proposed
Front 0 ft 5 ft
Side 0-10 ft 10 ft
Rear 0-10 ft 10 ft
Common
Open Space:

Required: 280 sf/du x
Provided: Courtyard @ Podium: 11,000 sf
Courtyard @ Grade: 5,517 sf
Community Room: 1,300 sf
Roof Deck: 2,500 sf
Total Provided: 20,317 sf
20% allowable reduction per 20.52.363 9,744 sf
38 % Additional reduction requested: 18,659 sf
12 13 15
10 14
7 8 9
11 CONTEXT PHOTOS & 07/30/21 5
4 4

i
SANTA ANA ST.

SANTA ANA ST.
07/30/21
FH
PD
PD
PD PD
PD
PD

PD PD PD PD PD PD PD
PD
PD
PD
PD PD
PD
PD PD
PD
PD
PD
PD PD
PD
48"
36"
6'
4'-6"
6'
24" 24"
24" 24"
3'
24" 24"
62'-9"
8'
6'-6"

FIRE TRUCK

TURNAROUND
FIRE DEPT. ACCESS AND PRIVATE DRIVEWAY & FIRE LANE
FIRE DEPT. ACCESS AND PRIVATE DRIVEWAY & FIRE LANE

KITCHEN EXHAUST
ABOVE

LOADING

COMMERCIAL PARKING
(26 SPACES)
1-STORY

INDUSTRIAL

WATER TANK
1-STORY INDUSTRIAL

PASSENGER DROP-OFF

DWP VAULT BELOW

SHORT TERM BIKE PARKING
2-STORY MULTI-FAMILY
28'-0"
38'-0"
28'-0"
28'-0"
10'-0" 35'-0"
10'-0" 27'-0"
STAIR 1
STAIR 2
STAIR 3

COMMERCIAL
(SHELL AND

CORE ONLY

UNDER THIS

PERMIT)

MAINTENANCE

COMMERCIAL
TRASH
ROOM

RESIDENTIAL
TRASH
ROOM

LEASING
LOBBY

SECURITY
MAIL

MANAGER'S
OFFICE

COMMERCIAL
(SHELL AND

CORE ONLY

UNDER THIS

PERMIT)

RESIDENTIAL
BIKE

PARKING
ELEV. 1
ELEV. 2
ELEV. 3

COMMERCIAL
BIKE

PARKING
(LONG
TERM)
6'-9 3/4" 66'-9 1/2" 33'-4 1/2" 29'-2 1/4"
39'-2" 9'-9" 2'-11 3/4"
41'-1 1/2" 70'-3 1/2" 43'-8" 14'-0" 28'-11"
38'-10 3/4" 29'-6" 7'-1" 10'-8" 16'-1" 7'-8" 9'-8 1/2" 55'-3 1/2" 5 3/4" DN

ENTRY PLAZA

CLEAN FEV FEV FEV FEV EVCS EV
AIR
E110
2 1
2 UP
UP

SANTA ANA ST.
2'
48"
36"
48"
36"
48"
36"
2'
2' 2'
2' 2'
8'
4'
5'
4' 4'
5'
5'-6"
10'
7'-6"
39'
10'-9"
4'

OPEN TO
BELOW
A1-M
220
A1
222
A1-M
224
A1-C
218
A1-M
216
A1
214
A1-M
212
A1
210
A1-M
208
A1
206
A1-M
204
B1-M
202
A1-C
201
A1-M
203
A1
205
A1-M
207
A1-M
227
A1-C
229
A1-M
231
B1-M
233
A1
238
A1-M
236
A1
234
B1 - Mngr
230
A2-C
223
A2
225
A1-M
228
A1
226
A1-C
218
A1-M
219

COMMUNITY
ROOM
240
CASE

MANAGEMENT
242
45'-1 3/4" 24'-0" 5'-0" 88'-10" 66'-6" 9'-4" 54'-6" 1'-6 3/4" 5'-9"6 1/2" 9'-5" 44'-5" 31'-6 1/2" 66'-6" 39'-10" 45'-2" 4'-0 1/2" 19'-5" 6'-0 1/2" 23'-9" 12'-3 1/2" 39'-0 1/2" 40'-3" 99'-8" 1'-6"
3'-5 3/4"
36'-0 1/4" 54'-0" 36'-2" 29'-4" 16'-1" 13'-11" 5'-8" 6'-9 3/4" 41'-5"
25'-7 1/2"
44'-9"
ELEC. RM.
243

JANITOR
247

LAUNDRY ROOM
250

TRASH ROOM
248

UTILITY
249
STAIR 1
STAIR 2
STAIR 3
ELEV. 2
ELEV. 3

ENTRY PLAZA
BELOW

COURTYARD
07/30/21

OPEN TO
BELOW
29'-4"

A1-M
303
A1-M
307
A1-M
304
A1-M
308
A1-M
312
A1-M
316
A1-M
320
A1-M
324
A1
318
A1-M
328
A1-M
327
A1-M
313
A1-M
309
A1-M
335
A1-M
331
A1-M
336
B1-M
330
A1
301
A1
305
A1
306
A1
310
A1
314
A1
318
A1
319
A2
323
A2
325
A1
326
A3
317 A1
315
A1
311
A1
334
B1
333
STAIR 1
STAIR 2
STAIR 3
ELEV. 2
ELEV. 3

UTILITY
343

JANITOR
347

LAUNDRY ROOM
350

TRASH ROOM
348

UTILITY
349
A1-C
322
A1-C
329
A1-C
338
B1-C
302
A1-M
332

OPEN TO ENTRY PLAZA BELOW

OPEN TO COURTYARD
BELOW
45'-1 3/4" 24'-0" 5'-0" 88'-10" 66'-6" 9'-4" 54'-6" 1'-6 3/4" 5'-9" 6 1/2"9'-5" 44'-5" 31'-6 1/2" 66'-6" 39'-10" 45'-2" 4'-0 1/2" 19'-5" 6'-0 1/2" 23'-9" 12'-3 1/2" 39'-0 1/2" 40'-3" 99'-8" 1'-6"
3'-5 3/4"
6'-9 3/4" 19'-7 1/2" 16'-0 1/2" 24'-0" 41'-6" 54'-0" 36'-0 1/4" 44'-9"
25'-7 1/2"
41'-5"
07/30/21
SANTA ANA ST.

SANTA ANA ST.

A1-M
403
A1-M
407
A1-M
404
A1-M
408
A1-M
412
A1-M
416
A1-M
420
A1-M
424
A1-M
421
A1-M
428
A1-M
427
A1-M
413
A1-M
409
A1-M
435
A1-M
431
A1-M
436
B1-C
430
A1-C
401
A1
405
A1
406
A1
410
A1
414
A1-M
421
A1
419
A2
423
A2
425
A1-C
426
A3-C
417 A1
415
A1
411
A1
434
B1-M
433
STAIR 1
STAIR 2
STAIR 3
ELEV. 2
ELEV. 3

UTILITY
443

JANITOR
447

ELECTRICAL
ROOM
450

TRASH ROOM
448

UTILITY
449
A1
422
A1
429
A1
438
B1-M
402
A1-M
432
39'-10" 66'-6" 31'-6 1/2" 44'-5" 9'-5"
6 1/2"
5'-9"
45'-2" 65'-7" 44'-9" 120'-8" 13'-6" 1'-6" 3'-5 3/4"

OPEN TO ENTRY PLAZA BELOW

OPEN TO COURTYARD
BELOW
07/30/21
SANTA ANA ST.

SANTA ANA ST.

07/30/21
SANTA ANA ST. SANTA ANA ST.

SANTA ANA ST.
8'
4'-6"
4'
18'
48"
36"
5'
4'
48"
3'-6"
A1-M
607
A1-M
604
A1-M
608
A1-M
612
A1-M
616
A1-M
620
A1-M
624
A1
618
A1-M
628
A1-M
627
A1-M
613
A1-M
609
A1-M
635
A1-M
631
A1-M
636
B1 - Mngr
630
A1
605
A1
606
A1-C
610
A1
614
A1
618
A1
619
A2
623
A2
625
A1
626
A3
617
A1
615
A1
611
A1
634
B1-M
633
STAIR 1
STAIR 2
STAIR 3
ELEV. 2
ELEV. 3

ELEVATOR

CONTROL ROOM
643

JANITOR
647

LAUNDRY ROOM
650

TRASH ROOM
648

UTILITY
649
A1-C
622
A1
629
A1-C
638
A1-M
632
45'-1 3/4" 117'-8 1/2" 98'-3 1/2" 32'-2" 1'-6 3/4"

OPEN TO ENTRY PLAZA BELOW

OPEN TO COURTYARD
BELOW
18'
4'-6"
8'
48"48"48"
48"
36"

STORAGE
2'-9"
2'-9"
5'
2'-6"
48"
36"
3' 3' 3'
4'
1'
4'
3'-6" 3'-6"
2'-6"
2'-9"

ELECTRIC WATER

HEATING SYSTEM

ELECTRIC WATER

HEATING SYSTEM

ELECTRIC WATER

HEATING SYSTEM
EQUIP.

PAD

ELEVATOR

PENTHOUSE

SOLAR PANEL AREA
(TYPICAL)

SOLAR PANEL AREA
(TYPICAL)
EQUIP.

PAD
45'-1 3/4" 24'-0" 5'-0" 88'-10" 66'-6" 9'-4" 22'-4" 20'-1 1/2" 13'-7 1/4" 5'-9"6 1/2" 9'-5" 44'-5" 31'-6 1/2" 66'-6" 39'-10" 45'-2" 4'-0 1/2" 48'-10" 12'-8" 44'-9 1/2" 120'-8" 13'-6" 1'-6"
3'-5 3/4"
33'-10 3/4" 2'-1 1/2" 24'-0" 2'-1 1/2" 67'-3" 2'-1 1/2" 59'-8" 6'-9 3/4" 25'-8"
30'-0" 41'-6"

OPEN TO ENTRY PLAZA BELOW

OPEN TO COURTYARD
BELOW
07/30/21
SANTA ANA ST.

SANTA ANA ST.

07/30/21

ELECTRICAL
ROOM

EXHAUST FAN
ROOM

ELECTRICAL
ROOM

BATTERY

STORAGE

DRY WELL TANK

ELEVATOR

MACHINE ROOM

DAS EQUIPMENT
ROOM

DOMESTIC

WATER PUMP
ROOM

MPOE ROOM

COMMERCIAL PARKING
(41 SPACES)

RESIDENTIAL PARKING
(72 SPACES)
STAIR 1

TRANSFORMER
VAULT
EV

FEV FEV EVCS
UP

FEV FEV FEV FEV FEV
9'-0" 5'-0" 12'-0" 9'-0"
5'-0" 12'-0"
6'-0" 12'-0" 9'-0" 8'-0" 8'-0" 8'-0" 24'-0" 19'-0"
19'-0" 24'-0" 19'-0" 4" 19'-0" 24'-0" 19'-0" 2'-0" 19'-0" 24'-0" 19'-0"

07/30/21
LEVEL 1
(+123.02') 0'-0"

PARAPET
(+184.73') 61'-8 1/2"
LEVEL P1
(+111.42') -11'-7 1/4"
LEVEL 2
(+138.02') 15'-0"
LEVEL 3
(+148.35') 25'-4"
LEVEL 4
(+158.69') 35'-8"
LEVEL 5
(+169.02') 46'-0"

ROOF (TOP OF PLATE)
(+178.31') 55'-3 1/2"

HIGHEST ROOF SURFACE
(+180.77') 57'-9"

COMMERCIAL
(SHELL AND

CORE ONLY

UNDER THIS

PERMIT)

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL COMMUNITY

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

PARKING
3'-11 1/2" 11'-9" 10'-4" 10'-4" 10'-4" 15'-0" 11'-7 13/64"

COURTYARD
57'-9"
61'-8 1/2"
2 STORY MULTI FAMILY
LEVEL 1
(+123.02') 0'-0"

PARAPET
(+184.73') 61'-8 1/2"
LEVEL P1
(+111.42') -11'-7 1/4"
LEVEL 2
(+138.02') 15'-0"
LEVEL 3
(+148.35') 25'-4"
LEVEL 4
(+158.69') 35'-8"
LEVEL 5
(+169.02') 46'-0"

ROOF (TOP OF PLATE)
(+178.31') 55'-3 1/2"
T.O.STAIRS
(+189.69') 66'-8"

HIGHEST ROOF SURFACE
(+180.77') 57'-9"

COMMERCIAL
(SHELL AND

CORE ONLY

UNDER THIS

PERMIT)

COMMERCIAL
(SHELL AND

CORE ONLY

UNDER THIS

PERMIT)

RESIDENTIAL

BIKE PARKING

TRANSFORMER
VAULT

EXHAUST FAN
ROOM

DRY WELL TANK

DOMESTIC

WATER PUMP

ROOM CORRIDOR

PARKING

SKY DECK
66'-8"
3'-11 1/2"
4'-11 1/2" 11'-9" 10'-4" 10'-4" 10'-4" 15'-0" 11'-7 13/64"

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL RESIDENTIAL

RESIDENTIAL

RESIDENTIAL RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

CORRIDOR

ENTRY PLAZA
8'-11" 57'-9"
61'-8 1/2"
2 STORY MULTI FAMILY
1 STORY COMMERCIAL

07/30/21
LEVEL 1
(+123.02') 0'-0"

PARAPET
(+184.73') 61'-8 1/2"
LEVEL P1
(+111.42') -11'-7 1/4"
LEVEL 2
(+138.02') 15'-0"
LEVEL 3
(+148.35') 25'-4"
LEVEL 4
(+158.69') 35'-8"
LEVEL 5
(+169.02') 46'-0"

ROOF (TOP OF PLATE)
(+178.31') 55'-3 1/2"
T.O.STAIRS
(+189.69') 66'-8"

HIGHEST ROOF SURFACE
(+180.77') 57'-9"

COMMERCIAL
(SHELL AND

CORE ONLY

UNDER THIS

PERMIT)

CORRIDOR

RESIDENTIAL
ELEV. 1 SECURITY MAIL BIKE PARKING

COMMERCIAL

BIKE PARKING
(LONG TERM) STAIR 2
STAIR 2
STAIR 2
STAIR 2
STAIR 2
ELEV. 1 MPOE ROOM
RAMP

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL

FIRE LANE

PARKING PARKING

RESIDENTIAL

RESIDENTIAL

RESIDENTIAL
SANTA ANA ST.
4'-11 1/2"
3'-11 1/2"
11'-9" 10'-4" 10'-4" 10'-4" 15'-0" 11'-7 13/64"
66'-8"
55'-3 1/2"

SKY DECK
COMM
ELEV
LOBBY
61'-8 1/2"

07/30/21
LEVEL 1
(+123.02') 0'-0"

PARAPET
(+184.73') 61'-8 1/2"
LEVEL 2
(+138.02') 15'-0"
LEVEL 3
(+148.35') 25'-4"
LEVEL 4
(+158.69') 35'-8"
LEVEL 5
(+169.02') 46'-0"

ROOF (TOP OF PLATE)
(+178.31') 55'-3 1/2"
T.O.STAIRS
(+189.69') 66'-8"

HIGHEST ROOF SURFACE
(+180.77') 57'-9"
A2
A4
A5 A6
F E
E
E A3
G A1 A3
A3 A1 F
A5
15'-0" 10'-4" 10'-4" 10'-4" 11'-9"
57'-9"
61'-8 1/2"
66'-8"
LEVEL 1
(+123.02') 0'-0"

PARAPET
(+184.73') 61'-8 1/2"
LEVEL 2
(+138.02') 15'-0"
LEVEL 3
(+148.35') 25'-4"
LEVEL 4
(+158.69') 35'-8"
LEVEL 5
(+169.02') 46'-0"

ROOF (TOP OF PLATE)
(+178.31') 55'-3 1/2"
T.O.STAIRS
(+189.69') 66'-8"

HIGHEST ROOF SURFACE
(+180.77') 57'-9"
A2? A3
A1
A3
A2 E A2 A2 E C F
A1 A1 GA1 A3
A3
?
A3 A4
66'-8"
11'-9" 10'-4" 10'-4" 10'-4" 15'-0"
LEVEL 1
(+123.02') 0'-0"

PARAPET
(+184.73') 61'-8 1/2"
LEVEL 2
(+138.02') 15'-0"
LEVEL 3
(+148.35') 25'-4"
LEVEL 4
(+158.69') 35'-8"
LEVEL 5
(+169.02') 46'-0"

ROOF (TOP OF PLATE)
(+178.31') 55'-3 1/2"
T.O.STAIRS
(+189.69') 66'-8"

HIGHEST ROOF SURFACE
(+180.77') 57'-9"

E F C E
A5
A1
A3 A3
A1
E A1 A3
61'-8 1/2"
11'-9" 10'-4" 10'-4" 10'-4" 15'-0"
LEVEL 1
(+123.02') 0'-0"

PARAPET
(+184.73') 61'-8 1/2"
LEVEL 2
(+138.02') 15'-0"
LEVEL 3
(+148.35') 25'-4"
LEVEL 4
(+158.69') 35'-8"
LEVEL 5
(+169.02') 46'-0"

ROOF (TOP OF PLATE)
(+178.31') 55'-3 1/2"
T.O.STAIRS
(+189.69') 66'-8"

HIGHEST ROOF SURFACE
(+180.77') 57'-9"
A1
G H D H F D B A6 D
C A3 E A4 A1 A2 ? A3 E A3 A4
E
G A3
F
11'-9" 10'-4" 10'-4" 10'-4" 15'-0"
66'-8"

MATERIAL SCHEDULE
◊ MARK BUILDING COMPONENT COLOR
A1 CEMENT PLASTER WHITE
A1a CEMENT PLASTER - SMOOTH FEATURED ART WALL
A2 CEMENT PLASTER TAUPE
A3 CEMENT PLASTER GRAY
A4 CEMENT PLASTER RED
A5 CEMENT PLASTER PINK
A6 CEMENT PLASTER YELLOW

B METAL SIDING

C VINYL WINDOW BRONZE

D ALLUMINUM STOREFRONT BRONZE

E AWNING

F METAL TRELLIS
G

H DECORATIVE TILE
RFT1 VINYL COMPOSITION TILE, SIZE: 12" X 12",
COLOR: TBD

07/30/21

MATERIAL SCHEDULE
◊ MARK BUILDING COMPONENT COLOR
A1 CEMENT PLASTER WHITE
A1a CEMENT PLASTER - SMOOTH FEATURED ART WALL
A2 CEMENT PLASTER TAUPE
A3 CEMENT PLASTER GRAY
A4 CEMENT PLASTER RED
A5 CEMENT PLASTER PINK
A6 CEMENT PLASTER YELLOW

B METAL SIDING

C VINYL WINDOW BRONZE

D ALLUMINUM STOREFRONT BRONZE

E AWNING

F METAL TRELLIS
G

H DECORATIVE TILE
RFT1 VINYL COMPOSITION TILE, SIZE: 12" X 12",
COLOR: TBD
LEVEL 1
(+123.02') 0'-0"

PARAPET
(+184.73') 61'-8 1/2"
LEVEL 2
(+138.02') 15'-0"
LEVEL 3
(+148.35') 25'-4"
LEVEL 4
(+158.69') 35'-8"
LEVEL 5
(+169.02') 46'-0"

ROOF (TOP OF PLATE)
(+178.31') 55'-3 1/2"
T.O.STAIRS
(+189.69') 66'-8"
61'-8 1/2"
15'-0" 10'-4" 10'-4" 10'-4" 9'-3 1/2" 6'-5" 4'-11 1/2"
A4 E D A1 A2 A1 E
B
D
? A1
A2 E A1
66'-8"
LEVEL 1
(+123.02') 0'-0"

PARAPET
(+184.73') 61'-8 1/2"
LEVEL 2
(+138.02') 15'-0"
LEVEL 3
(+148.35') 25'-4"
LEVEL 4
(+158.69') 35'-8"
LEVEL 5
(+169.02') 46'-0"

ROOF (TOP OF PLATE)
(+178.31') 55'-3 1/2"
T.O.STAIRS
(+189.69') 66'-8"
A1a
F E A2
A3 A1 C A3 A1
E A1 A3 A4 F E
D
61'-8 1/2"
4'-11 1/2" 6'-5" 9'-3 1/2" 10'-4" 10'-4" 10'-4" 15'-0"
66'-8"
LEVEL 1
(+123.02') 0'-0"

PARAPET
(+184.73') 61'-8 1/2"
LEVEL 2
(+138.02') 15'-0"
LEVEL 3
(+148.35') 25'-4"
LEVEL 4
(+158.69') 35'-8"
LEVEL 5
(+169.02') 46'-0"

ROOF (TOP OF PLATE)
(+178.31') 55'-3 1/2"
T.O.STAIRS
(+189.69') 66'-8"
A2 A2 C A1 E
A1 A3 A1
61'-8 1/2"
4'-11 1/2" 6'-5" 9'-3 1/2" 10'-4" 10'-4" 10'-4" 15'-0"
66'-8"
LEVEL 1
(+123.02') 0'-0"

PARAPET
(+184.73') 61'-8 1/2"
LEVEL 2
(+138.02') 15'-0"
LEVEL 3
(+148.35') 25'-4"
LEVEL 4
(+158.69') 35'-8"
LEVEL 5
(+169.02') 46'-0"

ROOF (TOP OF PLATE)
(+178.31') 55'-3 1/2"
T.O.STAIRS
(+189.69') 66'-8"
66'-8"
6'-5" 9'-3 1/2" 10'-4" 10'-4" 10'-4" 15'-0"
A1 A2 E A1 A2
A1 A3
A1 A3
A1
A2 C
A1
61'-8 1/2"

2'-5 3/8"

BEDROOM
136 SF
BATH

KITCHEN

5.17 SCALE: 1/4" = 1'-0"
UNIT A1 (U 85SF
1 5 1/2"
7 1/2"
5'-2"
3 1/2" 4 1/2"
5'-2" 3 1/2" 10'-8" 1'-0"
23'-1"
22'-0"
3 1/2" 10'-7 3/4" 1'-0 1/2" 9'-8 3/4" 3 1/2"
SCALE: 1/4" = 1'-0"
UNIT A1 485SF
1 SCALE: 1/4" = 1'-0"
UNIT A2 515SF 3
BATH

KITCHEN
LIVING

BEDROOM
139 SF
23'-9"
30'-2"
BATH

KITCHEN

BEDROOM
129 SF
LIVING
22'-5"
31'-7 1/2"
SCALE: 1/4" = 1'-0"
UNIT A3 513SF 1

BEDROOM
131 SF

BEDROOM
129 SF
LIVING

KITCHEN
BATH

5.17 32'-3"
24'-0"
SCALE: 1/4" = 1'-0"
UNIT B1 717 SF
2 3 3
4 07/30/21

55733.00004\34773924.1
ORDINANCE NO. 717

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, APPROVING THE FIRST AMENDMENT

TO DEVELOPMENT AGREEMENT FOR CERTAIN REAL
PROPERTY LOCATED AT 4610 SANTA ANA STREET
(ASSESSOR PARCEL NUMBER 6224-019-014) PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65864 ET SEQ.
(DEVELOPER: PRIMA DEVELOPMENT, A CALIFORNIA

NONPROFIT PUBLIC BENEFIT CORPORATION)
WHEREAS, the City of Cudahy (“City”) is authorized, pursuant to California Government Code §§ 65864 through 65869.5 and Part 9 of Title 20, Chapter 20.84 of the Cudahy Municipal Code to enter into binding development agreements and amendments thereto with persons having legal or equitable interests in real property for the development of such property in order to, among other things: encourage and provide for the development of public facilities in order to support development projects; provide certainty in the approval of development projects in order to avoid the waste of resources and the escalation in project costs and encourage investment in and commitment to comprehensive land use planning which will make maximum efficient utilization of resources at the least economic cost to the public; provide assurance to the applicants of development projects: (i) that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to the conditions of approval of such projects and provisions of such development agreements, and (ii) encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and
WHEREAS, the City of Cudahy as successor to the former Cudahy Community Development Commission (the “Successor Agency”) owned a vacant

1.34-acre (58,357 square feet) parcel located at 4610 Santa Ana Street, Cudahy, CA 90201 (APN No. 6224-019-014) (the “Property”); and
WHEREAS, the Consolidated Oversight Board for Los Angeles County authorized the transfer of title of the Property from the Successor Agency to the City by quitclaim deed pursuant to Oversight Board Resolution No. OB-2020-04 dated November 9; and,
WHEREAS, the City Council authorized the acceptance of such transfer of Site 3 at its meeting of November 17, 2020, pursuant to the terms of the quitclaim deed; and,
WHEREAS, the State Department of Finance (the “DOF”) determined, by letter dated December 17, 2020, that the disposition of land contemplated in Oversight Board Resolution No. OB-2020-04 requires no action on the part of the Attachment D Page 49 of 93
55733.00004\34773924.1
DOF given the land transfer’s consistency with the Successor Agency’s approved Long-Range Property Management Plan (“LRPMP”); and
WHEREAS, City desires that upon the disposition of the Property by the City to the Developer that the Property shall be developed in a manner consistent with the Entertainment Subdistrict of the Atlantic District use designation of the City’s General Plan, and the Entertainment zoning classification of the City Zoning Code; and
WHEREAS, Developer and the City have entered into an Exclusive Negotiation Agreement, dated as of November 18, 2020, pursuant to which the Developer has proposed to acquire the Property from the City on terms mutually acceptable to the City and the Developer; and
WHEREAS, on or about October 19, 2021, City and Developer entered into a Mixed-Use Senior Citizen Affordable Housing Purchase And Sale Agreement And Joint Escrow Instructions (“Purchase Agreement”) for transfer of the Property from City to Developer. Pursuant to the Purchase Agreement Developer holds an equitable interest in the Property; and WHEREAS, separately, the Developer has submitted a development project application to the City dated September 16, 2020, for the construction and improvement on the Property of mixed-use development or “Project” which includes (i) the new construction of a Low-Income Housing Tax Credit (“LIHTC”) project for very low income and homeless seniors (inclusive of a density bonus) over ground level, which is a permitted use pursuant to CMC section 20.20.020 (the “Senior Citizen Housing Project”); and (ii) an onsite healthcare clinic and other wellness-related uses, as well as space for a community-based organization and a common area on-site vehicle parking facility for both the Senior Housing Project and the Healthcare Office Project, which is also a permitted use pursuant to CMC section 20.20.020 (“Healthcare Office Project”) and Developer expects it to qualify as a basis-eligible community service facility under Internal Revenue Code of 1986, as amended, Section 42(d)(4)(c); and WHEREAS, pursuant to the provisions of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the state guidelines for CEQA (Cal. Code Regs., tit. 14, § 15000 et seq.) (“CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documentation for the Project. In 2018, the City prepared an update to its General Plan and Zoning Code (CMC Title 20) and prepared and certified the associated “Cudahy General Plan Update Environmental Impact Report” (State Clearinghouse No. 2017071071) (hereinafter, the “EIR”). The EIR was certified by the Cudahy City Council (the “City Council”) on March 20, 2018 and focused on the impacts from changes to land use associated with buildout of the land use plan set forth in the update to the General Plan and impacts from the resulting population and employment growth in the City; and

55733.00004\34773924.1
WHEREAS, the City Council’s 2018 approval of the EIR included approval of that certain EIR exhibit document entitled, “CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Program Environmental Impact Report for the City of Cudahy General Plan Update” (the “EIR Findings”). The EIR Findings provide requisite CEQA findings for the EIR and identify specific reasons why the update to the General Plan and Zoning Code are acceptable despite significant impacts that are infeasible to mitigate; and
WHEREAS, in connection with the approval of the Original Development Agreement, an addendum to the EIR (the “Addendum”) was prepared pursuant to CEQA Guidelines Section 15164 in order to determine whether any significant environmental impacts which were not identified in the EIR would result from the Project or whether previously identified significant impacts would be substantially more severe in connection with the Original Development Agreement; and WHEREAS, the City Council previously approved Resolution No. 20-32 approving and adopting a Development Agreement and the Addendum as the appropriate environmental document for the Project, pursuant to the findings set forth therein; and approved Ordinance No. 711 approving and adopting the Development Agreement (“Original Development Agreement”); and WHEREAS, on September 21, 2021, the City Council held a duly noticed public hearing and approved Ordinance No. 715, which adopted an Amended and Restated Development Agreement that superseded the Original Development Agreement; and
WHEREAS, on February 1, 2022, the City Council held a duly noticed public hearing to consider approval of a First Amendment to Amended and Restated Development Agreement (the “First Amendment to DA”); WHEREAS, City desires to accomplish the goals and objectives set forth in City’s General Plan, and finds that the Project, as modified, will accomplish their goals and objectives. The City has determined that the Project is consistent with the General Plan, the Entertainment Zone and the Existing Land Use Regulations, as defined below; and
WHEREAS, as consideration for the benefits gained by Developer from the vested rights acquired pursuant to the Development Agreement Statute, the City is requiring that Developer construct and install certain public improvements and provide other public benefits in connection with the Project; and WHEREAS, in order to avoid any misunderstandings or disputes which may arise from time to time between Developer and City concerning the proposed Project and to assure each party of the intention of the other as to the processing of any land use entitlements which now or hereafter may be required

55733.00004\34773924.1
for the Project, the Parties believe it is desirable to set forth their intentions and understandings in this First Amendment to DA. In order for both City and Developer to achieve their respective objectives, it is imperative that each be as certain as possible that Developer will develop and that City will permit Developer to develop the Project, as modified, and public improvements and other public benefits as approved by City within the time periods provided in this Development Agreement, except as otherwise indicated herein; and WHEREAS, in preparing and adopting the General Plan and in granting the Existing Development Approvals, the City considered the health, safety and general welfare of the residents of City and prepared in this regard an extensive environmental impact report and other studies. Without limiting the generality of the foregoing, in preparing and adopting the General Plan and in granting the Existing Development Approvals, the City Council carefully considered and determined the projected needs (taking into consideration the planned development of the Project and all other areas within the City) for water service, sewer service, storm drains, electrical facilities, traffic/circulation infrastructure, police and fire services, paramedic and similar improvements, facilities and services and the appropriateness of the density and intensity of the development comprising the Project and the needs of City and surrounding areas for other infrastructure.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY
DOES ORDAIN AS FOLLOWS:

Section 1. Pursuant to Resolution No. 18-07, the City Council adopted Environmental Findings of Fact, a Statement of Overriding Considerations, a Mitigation Monitoring and Reporting Program, and certified the EIR prepared for the 2018 General Plan Update. In addition, pursuant to Resolution No. 20-32, the City Council adopted the Addendum for the Project.

Section 2. The Planning Commission, at its January 31, 2022 Meeting, adopted Resolution No. PC 22-04, recommending the City Council approve the First Amendment to Amended and Restated Development Agreement (DA No. 20-01) for the Senior Mixed-Use Housing Project.

Section 2. Pursuant to California Government Code Section 65865, the City Council hereby approves the first amendment to the development agreement attached hereto as Exhibit "A", entitled "First Amendment to Amended and Restated Development Agreement” between the City of Cudahy and Prima Development.

Section 3. Pursuant to California Government Code Section 65867.5(b), and based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the First Amendment to Amended and Restated Development Agreement is consistent with the General Plan because the First Amendment to Amended and

55733.00004\34773924.1
Restated Development Agreement will result in the development of the Property at the intensity and density allowed under the General Plan Section 4. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds the First Amendment to Amended and Restated Development Agreement is in the best interests of the City and good land use practices as it ensures the orderly development of the Property with amenities and infrastructure that will be beneficial to the community.

Section 5. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community because the First Amendment to Amended and Restated Development Agreement will permit land uses that best reflect community needs, including the need for office, commercial and retail spaces, and will allow for the most efficient and logical development of the real property governed by the Amended and Restated Development Agreement in the City.

Section 6. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds that: (i) the economic interests of Cudahy citizens and the public health, safety and welfare will be best served by entering into the First Amendment to Amended and Restated Development Agreement; (ii) this First Amendment to Amended and Restated Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the area in which the Property is located; (iii) the First Amendment to Amended and Restated Development Agreement is in conformity with the public convenience, general welfare and good land use practice; (iv) the First Amendment to Amended and Restated Development Agreement will not be detrimental to the public health, safety and general welfare; and (v) the First Amendment to Amended and Restated Development Agreement will not adversely affect the orderly development or the preservation of property values for the property it governs or any other property.

The City Council further finds that among the public benefits to accrue to the residents of the City as a result of the First Amendment to Amended and Restated Development Agreement are:

1. advertisement in local media concerning employment, contracting and subcontracting opportunities;

2. providing written notice to a reasonable number of local business enterprises soliciting their interest in contracting or subcontracting in sufficient time to allow them to participate effectively;

3. establishing an applicant pool of eligible persons who have responded to such entry level employment outreach efforts of Applicant;

55733.00004\34773924.1

4. attendance at pre-solicitation or pre-bid meetings to inform contractors or subcontractors of contracting and subcontracting opportunities for local business enterprises;

5. following up initial solicitation of interest by contacting local business enterprises by telephone to determine with certainty whether they are interested in participating;

6. selecting portions of the work to be performed by local business enterprises;

7. providing interest local business enterprises and other enterprises with adequate information about the Development and requirements of contracts and subcontracts related to the project;

8. negotiating in good faith with interested local business enterprises to perform work; and

9. making reasonable efforts to assist interested local business enterprises in obtaining necessary sources of supply, lines of credit or insurance in order to participate in such work associated with Development.

Section 7. Pursuant to California Government Code Section 65867.5(b), and based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the First Amendment to Amended and Restated Development Agreement is consistent with the General Plan because the First Amendment to Amended and Restated Development Agreement will result in the development of the Property at the intensity and density allowed under the General Plan.

Section 8. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds that the First Amendment to Amended and Restated Development Agreement is in compliance with the conditions, requirements, restrictions, and terms of the Municipal Code, in that it includes all mandatory provisions required by Government Code § 65865.2 and does not include any provisions that are not authorized by the Development Agreement Act.

Section 9. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. Pursuant to Government Code Section 65868.5, within 10 days following the entering into of the First Amendment to Amended and Restated Development Agreement, as evidenced by the full execution thereof, the Secretary shall record with the Los Angeles County Recorder a copy of the First Amendment to Amended and Restated Development Agreement.

55733.00004\34773924.1
PASSED, APPROVED, AND ADOPTED this 1st day of February, 2022.

Mayor
APPROVED AS TO FORM: ATTEST:
__________________________
City Attorney City Clerk

CERTIFICATION

55733.00004\34773924.1

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, Deputy City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 715 was introduced for a first reading on the 1st day of February, 2022 and approved for a second reading and adopted by said Council at its regular meeting held on the _____ day of _______, 2022 by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Richard Iglesias
Deputy City Clerk

55733.00004\34773924.1
EXHIBIT “A”

FIRST AMENDMENT TO

AMENDED AND RESTATED DEVELOPMENT AGREEMENT

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STAFF REPORT
Date: February 1, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: City Clerk’s Office
Subject: Adoption of Resolution No. 22-05 Supporting a Legislation to Modernize the California Retail Food Code to Create Opportunities for Sidewalk Food Vendors

RECOMMENDATION
The City Council is requested to adopt Resolution No. 22-05 Supporting a Legislation to Modernize the California Retail Food Code to Create Opportunities for Sidewalk Food Vendors.

BACKGROUND
On November 16, 2021, the Los Angeles Board of Supervisors approved to direct the Department of Public Heath to improve sidewalk vendors access to permits, directed the County’s CEO legislative advocates in Sacramento to support legislation to enact changes to the California Retail Food Code that will make it more sensitive to the context of sidewalk food vending while ensuring food safety and directed Public Health to work in collaboration with the Chief Executive Officer to identify resources and funding to necessary to carry out all given directives.

ANALYSIS
Many years, sidewalk vendors have been banned in various juridistication causing serious harm and crime. In 2019, Senate Bill 946 (SB 946) – “The Safe Sidewalk Vending Act”, alloweed sidewalk vending in California and established guidelines to legalize and support sidewalk vendors. Since then, local officials have impletmented regulations that are directly related to protect the health, safety, and welfare of the general public so long as such regulations are consistent with the requirements of SB 946. SB 946 authorizes local jurisdictions to enact regulations pertaining to sidewalk vending activities so long as they adhere to the provisions of California Government Code Sections 51038 and 51039 as enacted by SB 946.

Item Number
16A

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This Resolution supports change in rules to include workable standards for facilities designed to be operated on the sidewalk, create new materials application requirements that are specific to sidewalk vending and permit application process, including coordinating permit prerequisites and establishing one-stop permit centers in neighborhoods with high levels of sidewalk vending.

CONCLUSION
Adoption of this Resolution will support the Board of Superviors legislation to creating opportunities for sidewalk Food Vendors.

FINANCIAL IMPACT
NONE

ATTACHMENTS
A. Resolution No. 22-05

RESOLUTION NO. 22-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA IN SUPPORT OF A LEGISLATION TO

MODERNIZE THE CALIFORNIA RETAIL FOOD CODE TO

CREATE OPPORTUNITES FOR SIDEWALK FOOD VENDORS
WHEREAS, sidewalk food vendors have increased; and
WHEREAS, on November 16, 2021, the Los Angeles County Board of Supervisors approved to instruct the Director of Public Heath with strategies the Department of Public Health (“DPH”) can implement to improve sidewalk vendor access to permits including, but not limited to:
• Creating new materials summarizing application requirements that are specific to sidewalk vending, using popular education and accessible language; • In consultation with County Counsel and with the identification of additional revenues by the Chief Executive Officer, assess the legality and cost implication of waiving or reducing permit fees for low-income applicants; • Streamlining the permit application process, including coordinating permit prerequisites and establishing one-stop permit centers in neighborhoods with high levels of sidewalk vending;
• Making food storage requirements feasible for small sidewalk vending operations within the parameters set by State law;
• Evaluate and provide recommendation on how Cottage Food and Microenterprise Home Kitchen programs can be more inclusive of food vendors;
• In consultation with other relevant Departments, develop a plan for identifying and activating underutilized kitchen spaces within the County that meet DPH guidelines and can act as immediate alternatives for vendors; • Exploring options for a pilot program, including an analysis of any necessary changes to State law, to allow several sidewalk vendors to operate in close proximity to an auxiliary sink unit, strategically placed on a County-owned parking lot in an area with a high concentration of vending, without requiring sinks on the primary unit;
• In consultation with other relevant Departments and community-based organizations, recommendations to clarify plan check procedures and fee structure to catalyze the approval of new model cart design blueprints that will enable manufacturing of code-compliant affordable carts at a greater scale, allowing sidewalk vendors to purchase a cart that has already secured plan check approval and proceed directly to final inspection; • Creating a process for ensuring the safety of environmental health inspectors while addressing non-compliance, including options that do not involve the Sheriff’s Department or other law enforcement and do not involve the seizure of vending carts and equipment;
Attachment A Page 61 of 93
Resolution No. 21-28

NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED

BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:

SECTION 1. Based on the above recital and other information provided, the City Council hereby supports legislation to modernize the California food code to create opportunities for sidewalk food vendors.

SECTION 2. This resolution shall take effect upon adoption. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 1st day of February 2022. ______________________________
Elizabeth Alcantar
Mayor
ATTEST:
____________________________
Richard Iglesias
Assistant City Clerk

Resolution No. 21-28

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-05 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 1st day of February 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________________
Richard Iglesias
City Clerk

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STAFF REPORT
Date: February 1, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/ Executive Director
By: Aaron Hernandez-Torres, P. E., Public Works Director/ City Engineer Subject: Consideration to Approve a Professional Services Agreement to Kimley-Horn and Associates, Inc., to provide Planning and Engineering Services for Preparation of Local Road Safety Plan (LRSP) in the City of Cudahy, California

RECOMMENDATION
The City Council is requested to:

1. Approve a Professional Services Agreement with Kimley-Horn and Associates, Inc., to provide Planning and Engineering Services for Preparation of Local Road Safety Plan (LRSP) in the City of Cudahy, for a not-to-exceed amount of $44,424.98

BACKGROUND

1. In 2019, California Department of Transportation (Caltrans) issued an invitation notice to local agencies and counties for the Local Road Safety Plan (LRSP) Grant.

2. On December 22, 2020, the city submitted the LRSP grant application to the State

3. On January 4, 2021, the City was notified of the funding request approval and proceeded with the funding allocation request which was approved in April 2021.

4. In June 2021, the State funding agreement for $40,000 was executed. LRSP grant requires a 10% minimum local match of $4,445.

5. On December 2, 2021, the Engineering Department issued a Requests for Proposals (RFP) to provide Planning & Engineering Services for the Preparation of Local Roadway Safety Plan (LRSP) in the City of Cudahy, California
Item Number
16B

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6. On December 22, 2021, the City received five (5) proposals in response to our RFP invitation.

ANALYSIS
Federal regulations require each State has a Strategic Highway Safety Plan (SHSP). An SHSP is a statewide data-driven traffic safety plan that coordinates the efforts of a wide range of organizations to reduce traffic accident fatalities and serious injuries on all public roads. In coordination with federal, state, local and private sector safety stakeholders, the SHSP establishes goals, objectives, and emphasis (or challenge) areas. The SHSP address the 4Es of traffic safety: Engineering, Enforcement, Education, and Emergency Services.

While the SHSP is used as a statewide approach for improving roadway safety, A Local Road Safety Plan (LRSP) can be a means for providing local and rural road owners with an opportunity to address unique highway safety needs in their jurisdictions while contributing to the success of the SHSP. The process of preparing an LRSP creates a framework to systematically identify and analyze safety problems and recommend safety improvements. Preparing an LRSP facilitates the development of local agency partnerships and collaboration, resulting in a prioritized list of improvements and actions that can demonstrate a defined need and contribute to the statewide plan. The LRSP offers a proactive approach to addressing safety needs and demonstrates agency responsiveness to safety challenges.

An LRSP provides a framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local and rural roads. The process of developing an LRSP can be tailored to local protocols, needs, and issues.

The LRSP will identify and analyze roadway safety concerns resulting in recommendations for potential roadway safety improvements to reduce or eliminate safety issues identified by the plan. Furthermore, the LRSP enables the city to apply for grant funding through the Highway State Safety Improvement Program (HSIP), which has become a grant requirement this year. In the future HSIP Calls-for-Projects, an LRSP (or its equivalent such as Systemic Safety Analysis Report (SSAR) or Vision Zero Action Plan) will be preferred or required for an agency to be eligible to apply for federal HSIP fund. The LRSP will be prepared in conformance with Federal and State standards.

On December 22, 2021, the City issued a Request for Proposals (RFP) to provide planning & engineering services for the preparation of a LRSP with a due date of December 22, 2021. Five (5) firms submitted proposals: KOA Corporation, General Technologies & Solutions, Minagar & Associates, Inc., Kimley- Horn and Associates, Inc., and Willdan Engineering. The proposals were

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evaluated based on an established criteria including compliance with RFP requirements, proposal quality, project understanding, approach, methodology and responsiveness, flexibility, experience of assigned staff including prior experience of working relationship of key team members in past similar projects, and schedule efficiency. Said criteria was included in the RFP.

All firms submitted great proposals. However, Kimley- Horn and Associates, Inc., received the highest ranking with a fee of $44,424.98

CONCLUSION
City Council approval of the Professional Services Agreement with Kimley- Horn and Associates, Inc., would allow the City to have a Local Road Safety Plan (LRSP) in place to systematically identify and analyze safety problems and recommend safety improvements. The LRSP offers a proactive approach to addressing safety needs and demonstrates agency responsiveness to safety challenges. In addition, in the future HSIP Calls-for-Projects, an LRSP (or its equivalent such as Systemic Safety Analysis Report (SSAR) or Vision Zero Action Plan) will be required for an agency to be eligible to apply for federal HSIP funds.

FINANCIAL IMPACT
The total cost for preparation of LRSP will be covered by the State Grant Funds (Agreement No. 07-5369S21) in the amount of $40,000 and the City ‘s required local match of $4,445 from Measure R, which has been budgeted in the current City’s budget.

ATTACHMENTS
A. Professional Services Agreement

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Attachment C
2021

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Consulting Services for XXXXX)
(Parties: City of Cudahy and Consultant)
THIS 2021 PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this XXth day of Month 2021 (hereinafter, the “Effective Date”), by and between the City of Cudahy, a municipal corporation (“CITY”) and Consultant. (hereinafter, “CONSULTANT”). For the purposes of this Agreement CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably.

RECITALS
WHEREAS, CITY requires consulting services for XXXXX …; and WHEREAS, CITY requires as-needed assistance with XXXX …; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, this Agreement was approved by the City Manager pursuant to his authority under Section of the Cudahy Municipal Code.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

I.

ENGAGEMENT TERMS

1.1SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement CONSULTANT agrees to perform the services and tasks set forth in that certain proposal of CONSULTANT (hereinafter “Scope of Services”) which is attached and incorporated hereto as Exhibit “A.” CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope Attachment A Page 68 of 93
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Attachment C
of Services shall hereinafter be referred to generally by the capitalized term “Work.”

1.2TERM: This Agreement shall have a term of one (1) year commencing from the date all of the Parties have executed the Agreement (“Term”).

Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under section 5 of this Agreement.

1.3 COMPENSATION:

A. CONSULTANT shall perform all Work in accordance with the relevant hourly billing rate as set forth in the Scope of Services, which is attached and incorporated hereto as Exhibit “A”.

B. Section 1.3(A) notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated, this Agreement shall not exceed the total budgeted aggregate sum of XXXXX DOLLARS ($XXXXX) (hereinafter, the “Not-to-Exceed Sum”) for the entire one (1) year term of the Agreement, unless such added expenditure is first approved by the CITY acting in consultation with the City Manager. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, the CITY may suspend CONSULTANT’s performance pending the CITY’s approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONSULTANT shall submit to CITY an itemized invoice indicating the services and tasks performed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge, during normal

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Attachment C
business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1CITY’S REPRESENTATIVES: The CITY hereby designates City Manager and the Assistant City Clerk (hereinafter, the “CITY Representatives”) to act as its representative for the performance of this Agreement. The CITY Representative or his designee shall act on behalf of the CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders from any person other than the CITY Representatives or his designee.

2.2CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates XXXXX, Principal and Chairman, to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”). CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONSULTANT.

2.3COORDINATION OF SERVICE; CONFORMANCE WITH
REQUIREMENTS: CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All

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Attachment C
work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representatives or their designees.

2.4STANDARD OF CARE; PERFORMANCE OF EMPLOYEES:

CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY;
C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
E. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
F. All of CONSULTANT’s employees and agents (including but not limited subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of

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Attachment C
CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

2.5ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.

2.6CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work shall be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and shall at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.7REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of

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Attachment C
CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant shall be promptly removed by CONSULTANT and shall not be re-assigned to perform any of the Work.

2.8COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the performance of the Work.

CONSULTANT’s compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.

2.9NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subcontractor, subconsultant, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.

2.10. INDEPENDENT CONTRACTOR STATUS: The Parties
acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT shall procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall

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Attachment C
have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT shall procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and shall be endorsed to include contractual liability.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT shall be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any

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Attachment C
insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that its shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any work or any of the Work. Upon CITY’s written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement.

Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

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4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

4.6 CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

V.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of five (5) calendar days prior written notice of CITY’s intent to terminate this Agreement. Upon such termination for convenience, CONSULTANT shall be compensated only for those services and tasks which have been performed by

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CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2.B and 5.2.C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT shall cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2.B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default

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Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2.B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT shall include, but shall not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vi) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT shall be compensated only for those services

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and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT shall require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT shall not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as

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Attachment C
the respective Parties may provide in writing for this purpose:

Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT shall not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

CONSULTANT: CITY:

City of Cudahy
City Manager’s Office
5220 Santa Ana Street
Cudahy, CA 90201
Attn:

City Manager
Phone: 323-773-5143

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Attachment C

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

6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

6.13 NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.

6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the

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Attachment C
entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONSULTANT prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.

6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterparts shall be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart shall be delivered to CONSULTANT and the remaining two original counterparts shall be retained by CITY.
[SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF CUDAHY
By:

City Manager
Date:

CONSULTANT.

By:

Name:

Title
Date:

ATTEST:

By:

City Clerk
Date:

APPROVED AS TO FORM:

By:

City Attorney
Date:

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STAFF REPORT
Date: February 1, 2022
To: Honorable Mayor / Chair and City Council / Agency Members From: Alfonso Noyola City Manager/Executive Director
By: Charles Ortiz, Acting Finance Director
Subject: Midyear Budget Review of City of Cudahy’s Fiscal Year 2021-2022

RECOMMENDATION
The City Council is requested to receive and file the Fiscal Year (FY) 2021-2022 Mid-Year Budget review and related reports.

BACKGROUND
On June 15, 2021, the City Council passed Resolution No. 21-16 adopting the Fiscal Year 2021- 2022 City Budget.

ANALYSIS
The primary purpose of the FY 2021-2022 Mid-Year Budget review process is to provide the City Council with an opportunity to review and adjust the original revenue projections and budgeted appropriations based on six months of activity. The proposed budget adjustments are a result of changes in revenues projections based on revenues received between July 1, 2021, and December 31, 2021, as well as adjustments in expenditures due to better information that was not previously available at the time the City Budget was adopted.

It is through staff’s significant diligence to ensure responsible spending that allows for operating expenditures not to increase. Although some of our revenue estimates have not done as well as anticipated, namely development agreements, parking permits, swap meet permits, and rentals (fields and facilities).

Other revenues have met budget or are on track to exceed budgeted estimates, these are:

Item Number
16C

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Motor Vehicle In-Lieu; Sales Tax; building permits; and planning services. The City continues to monitor revenues monthly and to strictly control expenditures. Details of revenues and expenditures are provided below in seven sections.

1. FUND BALANCE ANALYSIS
The unaudited General Fund - Fund Balance on June 30, 2021 was $2,449,097. Based upon the current revenues of $4,011,552 and expenditures of $4,884,472 through December 31, 2021, the projected Unaudited Fund Balance on December 31, 2021 was $1,850,318.

Per Resolution No. 16-33 adopted on October 24, 2016, the City commits to maintaining the reserves of General Fund annual operating expenditures at an amount of no less than $900,000. It is estimated that on December 31, 2021, the General Fund - Fund Balance was above the reserve requirement of Resolution 16-33.

It is projected that the ending General Fund - Fund Balance on June 30, 2022 will be $2,830,737 which is $1,930,737 above the $900,000 requirement.

2. FY 2021-2022 GENERAL FUND REVENUES
Staff completed a revenue analysis for the FY 2021-2022 General Fund revenues. Although some revenues are in line with our budget projections, there are other revenue estimates that require adjustments. The table below summarizes the City’s significant General Fund revenues and provides an overview of the recommended changes based on Mid-Year Budget review by City staff.

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Revenue Source
2021-22
Amended
Budget
2021-22
Revised
Projection
Increase
(Decrease)
Percent
Change
Taxes $ 3,137,820 $ 3,600,000 $ 462,180 15%
Franchise Fees 225,000 281,800 56,800 25%
Intergovernmental Revenues 3,210,998 3,350,800 139,802 4% Fines & Forfeitures 86,500 213,904 127,404 147%
Building & Safety 373,000 328,670 (44,330) -12%
Use of Money / Property 132,500 74,959 (57,541) -43%
Charges for Services -
Planning/Engineering
239,000 521,158 282,158 118%
Charges for Services -
Miscellaneous
30,000 24,791 (5,209) -17%
Licenses & Permits 2,219,000 1,607,385 (611,615) -28%
Other 192,500 320,223 127,723 66%
$ 9,846,318 $ 10,323,690 $ 477,372 5%
The total General Fund revenue projection is a net increase of $477,372. The following are the details of the revenue changes depicted on the chart above.

A. Taxes: Sales Tax projections have surpassed budgeted amounts. This actual sales tax collected has been ahead of the same than the originally estimated and accordingly, B. Intergovernmental Revenues: Motor Vehicle In-Lieu fee (VLF) was established in 1935 as a uniform statewide tax, the VLF is a tax on the ownership of a registered vehicle in place of taxing vehicles as personal property. By law, all revenues from the VLF fund city and county services, but the state legislature controls the tax rate and the allocation among local government. In the 2004 budget agreement, the Legislature permanently reduced the VLF tax rate and eliminated State General Fund backfill to cities and counties. Instead, cities and counties now receive additional transfers of property tax revenues as VLF. The budgeted VLF for FY 2021-22 is $3,210,998. Based on the first allocation received in January 2022,
C. Fines & Forfeitures: Court Fines are revenues collected from citations written from both the Los Angeles County Sheriffs and authorized City staff. The timing for the payment of those citations is dependent upon the recipients acknowledging the citation and making payment. People often choose to wait until they renew their driver’s license or vehicle registration before they realize they are required to get up to date with outstanding citations.

D. Building & Safety: Accordingly, the revenues for building and planning services were budgeted for the increased building activity.

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E. Use of Money / Property: Fees are collected for the use of City facilities including the fields at the various parks. City facilities are currently closed to the public. Based upon the estimated decrease in activity,
F. Charges for services – Planning/Engineering: Since the adoption of the General Plan, there has been an increase in developers seeking to have projects in the City of Cudahy.

Accordingly, the revenues for building and planning services were budgeted for the increased building activity.

G. Charges for services – Miscellaneous: Revenues are collected for permits for vendors to participate in the weekly swap meet, membership at the City’s fitness center, and adult recreation classes.

H. Licenses & Permits: The Fiscal Year (FY) 2021-2022 City Budget estimated that the monthly [non] Operating Fees from Urban Farming Operating Fees would be $1,400,000, Community Benefit Program Fee of $400,000, for a total of $1,800,000. Revenues from these two sources have been just under $800,000 for the first six months of the fiscal year.

I. Other: Revenues not falling into other categories are grouped into the other category.

3. FY 2021-22 GENERAL FUND EXPENDITURES
The adoption of the FY 2021-2022 City Budget estimated a total General Fund operating expenditure of $9,843,491. The table below summarizes staff’s recommendation for adjustments to the department’s operating expenditures.

Expenditure Source
2021-22
Amended
Budget
2021-22
Revised
Projection
Increase
(Decrease)
Percent
Change
City Council $ 115,537 $ 108,728 $ (6,809) 94%
City Attorney 450,000 437,455 (12,545) 97%
City Manager 1,165,348 1,101,454 (63,894) 95%
City Clerk 199,843 198,934 (909) 100%
Finance 1,094,440 774,306 (320,134) 71%
Community Development 1,028,834 976,661 (52,173) 95%
Parks and Recreation 1,031,298 968,995 (62,303) 94%
Facility Operations 1,151,328 1,156,105 4,777 100%
Public Safety 4,206,863 4,219,413 12,550 100%
$ 10,443,491 $ 9,942,050 $ (501,441) 95%
The net decrease in costs were offset by a reduction/savings in existing budgeted items and the

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reallocation of existing budgeted items. The total General Fund change in estimated expenditures is $501,441.

Resolution No. 20-21 adopting the FY 2021-2022 City-Wide Budget allows the City Manager to amend the City budget so long as the total fund appropriations are not increased. The following items have been adjusted based upon Section 3 of Resolution No. 20-21. • The City Attorney’s Office provides monthly services and special projects services to the City including services for the exploration of future revenues to the City. The City Council set the budget of the City Attorney at $450,000. The FY 2021/22 expenditures in this department are forecast to finish at $401,000.
• The City Manager Department is anticipated to decrease by $63,894 under budget. The Personnel Department has anticipated net unemployment payments approximately half of those payments are reimbursed by FEMA under Covid Relief. The remaining increase relates to vacation buyback described further in this report. The decrease in the City Manager Department is primarily the result of the Human Resources Director vacancy. • The City Clerk Office had an anticipated decrease of $909. Costs are associated with advertisement in local newspaper publication is expected. Items being published relate to building, planning, and prospective City Ordinances.
• The Finance Department is anticipated to have a decrease of primarily due to the vacancy of the Finance Director.
• The Community Development Department had an anticipated decrease of $52,173. This is primarily due to cost savings in planning and engineering expenditures. • The Parks and Recreation Department has an anticipated decrease of $52,173. This is primarily due to the impact of Covid-19. Widespread health and economic issues resulting from the ongoing COVID pandemic certain expenses have been incurred relating to park closures (Fence Rental and Signs) , with an equal amount being budgeted in revenue reimbursement. Also, certain in-person special events, senior trips/activities, and internships are not occurring.
• Facility Operations department accounts for costs associated with the buildings and structures used in City operations as well as costs that is not attributable to specific departments. This would include non-physical items that are shared among all departments such as liability & workers compensation insurance, copiers, air conditioning repairs, electricity, gas, water, telephone, postage, office/cleaning supplies, and City memberships. Due to COVID, cleaning supply and personal protection equipment costs have been incurred above what had been approved in the FY 2021-22 budgets. An increase of $4,777 is anticipated.

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• Public Safety costs in the Code Enforcement Department have an anticipated increase of $12,550. Community Preservation Officer(s) were needed to perform duties other than those budgeted which are not reimbursable under Community Development Block Grant guidelines. The County of Los Angeles Sheriff Department had proposed to provide Police Services to the City of Cudahy at a cost of $4,328,857. Based upon negotiations of the Police Services sub-committee and the Sheriff’s Office, the revised proposal for services.

CONCLUSION
Until such time as the City identifies recurring revenue streams the City is implementing best practices of Mid-Year Budget review, leveraging resources, and realistically estimating a spending plan for the remainder of the fiscal year. Revenues critical to the ongoing operations of the City include those relating to Development Agreements, Developer Impact Fees, User Fees (Building, Planning, and Recreation) as well as an approved cost allocation plan will allow the City to operate and cover costs of a City, that per its General Plan will be expanding in Businesses and Residential projects.

The City is being fiscally prudent by minimizing the use of General Fund balance as part of midyear review by reallocating resources. The estimated fund balance on December 31, 2021 was $1,576,177 and based upon the realization of budgeted revenues and expenditures the estimated General Fund balance will be $2,830,737 on June 30, 2022.

FINANCIAL IMPACT
Staff anticipates above budget and expenditures being below budget at the end of the fiscal year.

The proposed resolution would increase certain revenues by $605,000 and

ATTACHMENTS
A. Attachment A – Revenue Summary
B. Attachment B – Expenditure Summary
C. Attachment C – Fund Balance Analysis

Revenue Source
2021-22
Amended
Budget
2021-22
Revised
Projection
Increase
(Decrease)
Percent
Change
Explanation
Taxes 3,137,820$ 3,600,000$ 462,180$ 15%
Franchise Fees 225,000 281,800 56,800 25%
Intergovernmental Revenues 3,210,998 3,350,800 139,802 4% Fines & Forfeitures 86,500 213,904 127,404 147% HR Director vacancy Building & Safety 373,000 328,670 (44,330) -12%
Use of Money / Property 132,500 74,959 (57,541) -43% Finance Director vacancy Charges for Services -
Planning/Engineering
239,000 521,158 282,158 118% Building/Planning/Engineering costs Charges for Services -
Miscellaneous
30,000 24,791 (5,209) -17% Programs reduced due to Covid Licenses & Permits 2,219,000 1,607,385 (611,615) -28%
Other 192,500 320,223 127,723 66% LA County Sheriff
9,846,318$ $ 10,323,690 477,372$ 5%
City of Cudahy
FY 2021-2022 Mid Year General Fund City Manager adjustments Attachment A Page 91 of 93
Expenditure Source
2021-22
Amended
Budget
2021-22
Revised
Projection
Increase
(Decrease)
Percent
Change
City Council 115,537 108,728 (6,809) 94%
City Attorney 450,000 437,455 (12,545) 97%
City Manager 1,165,348 1,101,454 (63,894) 95%
City Clerk 199,843 198,934 (909) 100%
Finance 1,094,440 774,306 (320,134) 71%
Community Development 1,028,834 976,661 (52,173) 95%
Parks and Recreation 1,031,298 968,995 (62,303) 94%
Facility Operations 1,151,328 1,156,105 4,777 100%
Public Safety 4,206,863 4,219,413 12,550 100%
10,443,491 9,942,050 (501,441) 95%

CITY OF CUDAHY
Expenditure Summary Report
Attachment B Page 92 of 93

GENERAL FUND
Fund Balance at July 1, 2021 (unaudited) 2,449,097
Revenues December 31, 2021 4,011,552
Expenditures through December 31, 2021 (4,884,472) (872,920) Estimated Fund Balance at December 31, 2021 1,576,177
Reserve 900,000
Excess Fund Balance at December 31, 2021 676,177
Fund Balance at July 1, 2021 (unaudited) 2,449,097
Projected Revenues FY 2021-22 10,323,690
Projected Expenditures FY 2021-22 (9,942,050) 381,640
Estimated Fund Balance at June 30, 2022 2,830,737
Reserve 900,000
Projected Excess Fund Balance 1,930,737

CITY OF CUDAHY
FY 2021-22 Fund Balance Analysis
Attachment C Page 93 of 93