Cudahy City Council
November 15, 2022

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, November 15, 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

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: 884 0565 5468
https://us06web.zoom.us/j/88405655468

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
November 15, 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
A. Successor Agency Site 6 (Atlantic/Clara) Update – Commencement of 90-Day Negotiations with Primestor Development (page 9)
B. Successor Agency Site 4 (Atlantic/Cecilia) Update
C. Municipal Enforcement

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.)

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
November 15, 2022, at 6:30 P.M.

(Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)

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
A. Reports regarding Education Ad Hoc Committee, Economic Development Ad Hoc Committee, and Rent Control Ad Hoc Committee meetings (page 11)

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, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.)

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
November 15, 2022, at 6:30 P.M.

A. Adoption of Proposed Resolution No. 22-62 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 November 15, 2022, through December 15, 2022, Pursuant to Brown Act Provisions (page 13)
Presented by the City Attorney
Recommendation: The City Council is requested to approve proposed Resolution No. 22-62 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 November 15, 2022, through December 15, 2022, pursuant to Ralph M. Brown Act provisions.

B. Consideration to Review and Approve the Draft Minutes of October 18, 2022, and November 1, 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 23)
Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for October 18, 2022, and November 1, 2022.

15. PUBLIC HEARING
A. Conditional Use Permit No. 38-379: Sprouts Farmers Market (page 41) Presented by the Community Development Director
Recommendation: Staff recommends that the City Council adopt proposed Resolution No. 22-63 approving CUP No. 38-379 to allow the operation of a full-service grocery store and the off-site sale of beer and wine (the “Project”), with a public convenience and necessity (PCN) finding, located at 7925 Atlantic Avenue, within the civic mixed-use zone. The City Council is also requested to adopt an environmental exemption for the Project pursuant to Article 19, Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA).

B. A Public Hearing to Consider and Adopt Resolution No. 22-64 of the City of Cudahy City Council Approving Substantial Amendment No. 1 to the Fiscal Year 2022-2023 Community Development

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
November 15, 2022, at 6:30 P.M.

Block Grant (CDBG) (page 63)
Presented by the Management Analyst
Recommendation: The City Council is requested to Adopt Resolution No. 22-64, approving Substantial Amendment No. 1 to the Fiscal Year 2022-2023 Community Development Block Grant (CDBG).

16. BUSINESS SESSION
A. Consideration of the First Amendment to the Purchase and Sale Agreement by and between the City of Cudahy and Prima Development for the acquisition and development of the property located at 4610 Santa Ana Street (APN 6224-019-014/901) and finding that the project’s environmental impacts have already been fully analyzed under CEQA pursuant to the previously approved Addendum to the General Plan EIR. (page 71)
Presented by the Community Development Director
Recommendation: Staff recommends that the City Council of the City of Cudahy (the “City”):

1. Adopt Resolution No. 22-65, approving the First Amendment to the Purchase and Sale Agreement (“PSA”) by and between the City of Cudahy and Prima Development to sell the real property located at 4610 Santa Ana Street, Cudahy, California (APN 6224-019-901), in order to allow for the development of affordable housing for low income and homeless seniors (“Project”), and finding that the project’s environmental impacts have already been fully analyzed under CEQA pursuant to a previously approved Addendum to the General Plan EIR.”.

B. Resolution of public interest and convenience, declaring the city’s intent to sell real property at 8420 Atlantic Avenue (APNs 6224-034-014, 6224-034-032, 6224-034-040, and 6224-034-041) for the construction of a mixed-use development; declare the property exempt surplus land and find this action is exempt from environmental review pursuant to California Environmental Quality Act State Guidelines Section 15332 (page 79)
Presented by the Community Development Director
Recommendation: Staff recommends that the City Council of the City of Cudahy (the “City”):

1. Adopt the Resolution of Public Interest and Convenience No. 22-66, declaring the City’s intent to sell the real property located at 8420 Atlantic Avenue, Cudahy, California with the following Los Angeles County Assessor Parcel Numbers: 6224-034-014, 6224-034-032, 6224-

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
November 15, 2022, at 6:30 P.M.

034-040, and 6224-034-041, in order to allow for the construction of a mixed-use development (“Project”), declaring the property exempt surplus land, and finding the action exempt from environmental review pursuant to California Environmental Quality Act State Guidelines Section 15332.

C. Approval of Professional Services Agreement for A/V System Design and Installation Services for the Cudahy Regional Training (page 89)
Presented by the Management Analyst
Recommendation: City Council is requested to award a Professional Services Agreement (PSA) to Studio Spectrum, Inc. for A/V system design installation services for the City’s Regional Emergency Response Training Center in the amount not-to-exceed $183,556.33.

D. Consideration to Authorize the City Manager to Execute the Purchase of City Vehicles (page 161) Presented by the Management Analyst
Recommendation: The City Council is requested to authorize the City Manager to enter into a Cooperative Purchase Agreement with National Auto Fleet Group to purchase a stencil truck and two (2) maintenance vehicles, for a not to exceed amount of $312,146.90.

E. Consideration to Approve a Purchase Order for Installation of Cubicles and Wall Partition at City Hall (page 243)
Presented by the Finance Director
Recommendation: The City Council is requested to approve a purchase order for the installation of eight (8) cubicles and one (1) wall partition at city hall for a not-to-exceed amount of $51,486.90.

17. COUNCIL DISCUSSION - NONE

18. ADJOURNMENT

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
November 15, 2022, at 6:30 P.M.

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, 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’sOffice.

Dated this 9th day of November 2022
Richard Iglesias
City Clerk

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Staff Report
11/15/2022 Page 1 of 1

STAFF MEMORANDUM
Date: November 15, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
Juan Arauz, AICP, Community Development Director
Subject: Successor Agency Site #6: Presentation on the Economic Development Ad Hoc Committee’s decision to enter into negotiations for the site with Primestor Development for at least 90-days.

BACKGROUND / DISCUSSION
On July 7, 2022, the City disseminated a notice of availability (NOA) of Surplus Land pursuant to the Surplus Land Act (SLA). The subject site is located at the northeast corner of Atlantic Avenue and Clara Street, and has assessor parcel numbers (APNs) 6226-022- 904 thru 911. The NOA was effective for 60-days to allow interested developers to submit their interest to acquire the site for development. The NOA specified that the City would give priority to parties proposing to develop housing where at least 25 percent of the units will be affordable to lower income households.

On September 6, 2022, the 60-day NOA period was closed and two proposals were received as summarized below:
• Primestor Development: Proposed a mixed use development with at least 30 percent of any housing units to be set aside to lower income levels. Primestor Development indicated they would be willing to produce 100 percent of the units as affordable if requested by the City.
• The Olson Company: Proposed approximately 40 for-sale units with 25 percent (10 units) set aside to lower income levels.

On October 26, 2022, City staff presented the two development proposals to the Economic Development Ad Hoc Committee with a recommendation to pursue Primestor Development. The Ad Hoc Committee concurred with City staff and gave direction to notify the City Council of the decision to enter into negotiations with Primestor Development for at least 90-days.

RECOMMENDATION
The recommendation is for City Council to hear presentations from City staff and Primestor Development.

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AD HOC COMMITTEE UPDATES
Date: November 15, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Ad Hoc Committee Report Out
EDUCATION AD HOC COMMITTEE – MAYOR ALCANTAR AND COUNCIL MEMBER LOMELÍ On October 11, 2022, the Education Ad Hoc committee met with School principals from Teresa Hughes, Elizabeth Learning Center, and Ellen Ochoa regarding how to improve communication efforts between the schools and the City. Discussed possible topics for future meetings and will prioritize topics at a future meeting.

ECONOMIC DEVELOPMENT AD HOC COMMITTEE – MAYOR ALCANTAR AND VICE MAYOR

GONZALEZ
On October 26, 2022, the Economic Development Ad Hoc Committee met for the following updates:

Update on cannabis operator Aqua Tergere, 8210 Atlantic Avenue, regarding a City site visit and findings of unpermitted construction.

Update on cannabis operator VM Evergreen, 8226 Atlantic Avenue, regarding a City site inspection and findings of unpermitted electrical work and building modifications.

Update on cannabis operators Cuper/Go Cudahy, 4916 Atlantic Avenue, regarding their potential to open.

Update on Successor Agency Site No. 6 – Interest Letters Received from The Olson Group and Primestor Development. - The Olson Group proposal: 40 for-sale residential units with 25% (10 units) set aside as affordable.
• Primestor proposal: mixed-use project with for-rent residential units with at least 30% of the units set aside as affordable. Willing to produce 100% affordable housing project if requested by the City.

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11/15/2022 Page 2 of 2

Update on Successor Agency Site No. 4 – Hollywood Housing. • Completed 90-day good faith negotiations and notice sent to all interested parties that we could not come to mutually agreeable terms for the purchase and sale of the site. 4.

Update on Successor Agency Site No. 4 regarding interest in site 4 for a card room.

RENT CONTROL AD HOC COMMITTEE - MAYOR ALCANTAR AND VICE MAYOR GONZALEZ On October 26, 2022, the Rent Control Ad Hoc Committee (“committee”) met briefly and suggested placing the appointments (i.e., Cudahy landlord and two residents) to the committee at the following council meeting.

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Staff Report
11/15/2022 Page 1 of 3

STAFF REPORT
Date: November 15, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: City Attorney’s Office
Subject: Adoption of Proposed Resolution No. 22-62 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 November 15, 2022, through December 15, 2022, Pursuant to Brown Act Provisions

RECOMMENDATION
The City Council is requested to approve proposed Resolution No. 22-62 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 November 15, 2022, through December 15, 2022, pursuant to Ralph M. Brown Act provisions.

BACKGROUND
COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that was first reported in China in December 2019, has now spread throughout the state of California, including through the City of Cudahy (“City”). On March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California. On the same day as Governor Newsom’s declaration, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health (“LACDPH”) declared a local emergency and local public health emergency in response to the spread of COVID-19 throughout the County. On April 10, 2020, in response to the conditions of extreme peril to the safety of persons within the City, the Cudahy City Council (“City Council”) declared a local emergency consistent with the declaration of local emergency by the LACDPH.

Item Number
14A

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On September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees.

Currently, the state-declared emergency remains in effect. LACDPH has issued a series of Health Officer Orders containing mandates and recommendations for keeping individuals safe, reducing risk, and preventing the spread of COVID-19. The most recent Health Order by the LACDPH, effective as of September 23, 2022, outlines the County’s current guidelines to continue to ensure the reduction in the transmission risk of COVID-19 and protect those persons at elevated risk for severe health outcomes due to COVID-19 infection.

On November 1, 2022, the City Council adopted Resolution No. 22-59, 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, for the period from November 1, 2022, through December 1, 2022.

ANALYSIS
AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internetbased service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. AB 361 also requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comments in real time. AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified.

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All City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business. Given the County of Los Angeles is currently experiencing an increase of COVID-19 cases throughout the County, the City continues to recommend measures to promote social distancing which include requiring staff and civilians wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City’s social media accounts.

Once the initial authorizing resolution is adopted, as it was on October 5, 2021, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter. Resolution Number 22-59 expires on December 1, 2022, staff recommends the City Council adopt the attached resolution before the existing resolution lapses.

CONCLUSION
In light of the continuing State declaration of emergency resulting from the COVID-19 pandemic and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, staff recommends the City Council approve proposed Resolution No. 22-62 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 of the City of Cudahy, for the period from November 15, 2022, through December 15, 2022, pursuant to Ralph M. Brown Act provisions.

STRATEGIC PLAN CORRELATION
None.

FINANCIAL IMPACT
There is no financial impact on the City at this time.

ATTACHMENTS
A. Proposed Resolution No. 22-62

1 RESOLUTION NO. 22-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA 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 NOVEMBER 15, 2022,
THROUGH DECEMBER 15, 2022, PURSUANT TO BROWN

ACT PROVISIONS
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Cudahy (“City”); and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California; and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health (“LACDPH”) declared a local emergency and local public health emergency in response to the spread of COVID-19 throughout the County; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29- 20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act (“Brown Act”), this waiver was extended through September 30, 2021, by Executive Order N-08-21; and WHEREAS, on April 10, 2020, in response to the conditions of extreme peril to the safety of persons within the City, the Cudahy City Council (“City Council”) declared a local emergency consistent with the declaration of local emergency by the LACDPH; and WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, the most recent Public Health Order (“Health Order”) by the LACDPH, effective as of September 23, 2022, outlines the County’s current guidelines to continue to ensure the reduction in the transmission risk of COVID-19 and protect those persons at elevated risk for severe health outcomes due to COVID-19 infection; and Attachment A Page 16 of 245
2 WHEREAS, the Health Order continues to strongly recommend masks for all persons, regardless of vaccine status, in indoor public settings and businesses; and WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and
WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; and WHEREAS, on October 5, 2021, the City Council adopted Resolution No. 21-35, proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City, for the period from October 5, 2021, through November 4, 2021, pursuant to Brown Act provisions; and WHEREAS, on November 2, 2021, the City Council adopted Resolution No. 21- 43, extending Resolution No. 21-35 an additional thirty (30) days through December 4, 2021, pursuant to Brown Act provisions; and WHEREAS, on November 16, 2021, the City Council adopted Resolution No. 21- 46, extending Resolution No. 21-43 through January 3, 2022, pursuant to Brown Act provisions; and
WHEREAS, on December 21, 2021, the City Council adopted Resolution No. 21- 51, extending Resolution No. 21-46 through January 20, 2022, pursuant to Brown Act provisions; and

3 WHEREAS, on January 18, 2022, the City Council adopted Resolution No. 22-02, extending Resolution No. 21-51 through February 17, 2022, pursuant to Brown Act provisions; and
WHEREAS, on February 15, 2022, the City Council adopted Resolution No. 22- 07, extending Resolution No. 22-02 through March 17, 2022, pursuant to Brown Act provisions; and
WHEREAS, on March 15, 2022, the City Council adopted Resolution No. 22-11, extending Resolution No. 22-07 through April 14, 2022, pursuant to Brown Act provisions; and
WHEREAS, on April 5, 2022, the City Council adopted Resolution No. 22-13, extending Resolution No. 22-11 through May 5, 2022, pursuant to Brown Act provisions; and
WHEREAS, on May 3, 2022, the City Council adopted Resolution No. 22-19, extending Resolution No. 22-13 through June 2, 2022, pursuant to Brown Act provisions; and
WHEREAS, on May 17, 2022, the City Council adopted Resolution No. 22-21, extending Resolution No. 22-19 through June 16, 2022, pursuant to Brown Act provisions; and
WHEREAS, on June 7, 2022, the City Council adopted Resolution No. 22-25, extending Resolution No. 22-21 through July 7, 2022, pursuant to Brown Act provisions; and
WHEREAS, on June 21, 2022, the City Council adopted Resolution No. 22-36, extending Resolution No. 22-25 through July 21, 2022, pursuant to Brown Act provisions; and
WHEREAS, on July 19, 2022, the City Council adopted Resolution No. 22-41, extending Resolution No. 22-36 through August 18, 2022, pursuant to Brown Act provisions; and
WHEREAS, on August 16, 2022, the City Council adopted Resolution No. 22-48, extending Resolution No. 22-41 through September 15, 2022, pursuant to Brown Act provisions; and
WHEREAS, on September 6, 2022, the City Council adopted Resolution No. 22- 52, extending Resolution No. 22-48 through October 6, 2022, pursuant to Brown Act provisions; and
WHEREAS, on October 4, 2022, the City Council adopted Resolution No. 22-56, extending Resolution No. 22-52 through November 3, 2022, pursuant to Brown Act provisions; and

4 WHEREAS, on November 1, 2022, the City Council adopted Resolution No. 22- 59, extending Resolution No. 22-56 through December 1, 2022, pursuant to Brown Act provisions; and
WHEREAS, the City continues to recommend measures to promote social distancing which include requiring staff and civilians wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City’s social media accounts; and
WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the continuing recommendation by Los Angeles County Public Health officials for masking at indoor events and social distancing, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by AB 361 to allow the City Council and all City Boards and Commissions to continue to meet under AB 361’s abbreviated teleconferencing procedures.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:

SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.

SECTION 2. The City Council finds that the State and County declarations of emergency in response to the COVID-19 pandemic remain in place.

SECTION 3. The City Council finds that local officials, specifically, the Los Angeles County Department of Public Health, continues to recommend social distancing and masks.

SECTION 4. The City of Cudahy staff along with the City Council are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public City Council and City Board and Commission meetings in accordance with the newly revised provisions of the Ralph M.

Brown Act.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.

SECTION 6. This Resolution shall take effect immediately upon adoption and shall be effective until the earlier of (i) December 15, 2022, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Cudahy

5 may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 15th day of November 2022. ______________________________
Elizabeth Alcantar
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk

6 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. 22-62 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 15th day of November 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

Blank Page

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
11/15/2022 Page 1 of 2

STAFF REPORT
Date: November 15, 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 October 18, 2022, and November 1, 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 October 18, 2022, and November 1, 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
14B

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
11/15/2022 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 October 18, 2022, and November 1, 2022.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. Draft Minutes October 18, 2022
B. Draft Minutes November 1, 2022
C. 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 10/18/2022

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

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

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

1. CALL TO ORDER
Mayor / Chair Alcantar called the meeting to order at 6:34 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Jack M. Guerrero (arrived at 6:55 p.m.) Council / Agency Member Blanca Lozoya
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 Clerk, Richard Iglesias, Assistant City Clerk, Estefania Zamora, Deputy City Attorney, Stephanie Arechiga, Finance Director, Joshua Calhoun, Senior Accountant, Charles Ortiz, Administrative Services Director, Brenda Rodriguez, Community Development Director Juan Arauz, Public Works Director, Aaron Hernandez, Management Analyst, Andres Rangel, and Executive Secretary, Janet Andrade.

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Vice Mayor Gonzalez.

4. LAND ACKNOWLEDGEMENT
The Land Acknowledgment was led by Mayor Alcantar.

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. East Los Angeles Sheriff’s Annual Update (Presentation Tabled to December) Attachment A Page 25 of 245
City Council/Successor Agency Minutes of 10/18/2022

B. Presentation by Mr. Hollins from the Los Angeles County Internal Services Department regarding Digital Equity Investment Opportunity

6. CLOSED SESSION PUBLIC COMMENTS – NONE

7. CLOSED SESSION – NONE

8. CLOSED SESSION ANNOUNCEMENT – NONE

9. PUBLIC COMMENTS
Gerardo Hernandez spoke on the incident with City of Los Angeles regarding three council members involved in a racist conversation, brought it up for the city to continue emphasizing the value of racial solidarity, mentioned he is proud of what he sees in the community and stated Cudahy will be the role model of all communities, brought up the importance of bringing awareness to welcoming the LGBTQ community in the city.

10. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Guerrero echoed the concern of the last public comment speaker regarding the conduct of the Los Angeles City who displayed poor behavior, stated he publicly calls for their resignation of everyone involved in the leaked recording that featured racist comments, requested to bring a resolution calling the resignation of the city council members in Los Angeles City and spoke on the consent calendar protocol.

Council Member Lomelí stated she joined the call to ask the LA City Council Members involved in the racist comments to resign and would happily support a resolution, mentioned there is no place for antiblackness and stands with equity and are for racial solidarity for black and brown unity here in Cudahy and everywhere.

Council Member Lozoya echoed previous comments, supported the resolution calling for the resignation of the Los Angeles City Council Members.

Vice Mayor Gonzalez echoed previous comments, mentioned there is no room for racism in this world and need to stand up against it, stated his support for a resolution calling for the resignation of the Los Angeles City Council Members. Asked the City Manager to go over upcoming events, and also congratulated the City Manager on being appointed to the Veterans Commission in the County.

Mayor Alcantar mentioned her attendance at the vision design in economic development meeting, requested staff to send out a link of the survey in English and Spanish through an email blast and social media, stated after November we will be in Assembly District 64, spoke on her attendance at the Education Ad-Hoc Committee, participated in the Economic Strategic Plan interviews, met with superintendent Alberto Carvalho and SELA officials, praised staff on the letter sent to landlords and renters heard support from community member, echoed the resolution calling for the resignation of the Los Angeles City Council Members and to also request an independent redistricting commission with

City Council/Successor Agency Minutes of 10/18/2022

seats specifically for cities without representation, requested for expanded LAUSD school board with more districts.

11. CITY MANAGER REPORT (information only)

12. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER COMMITTEE MEETINGS – NONE

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

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

14. CONSENT CALENDAR
Council Member Guerrero mentioned he would be voting no on the collection of items due to not being able to desegregate them and for recurring reasons having to do with the internal control environment of the city, quoted the Authoritative Report from the California State Controller, opposed the last item Section D on the American Rescue Plan, because of his concern reflective from congress.

A. Consideration to Review and Approve the Draft Minutes of July 19, 2022, and October 4, 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 July 19, 2022, and October 4, 2022.

B. Approval of the Local Agency Investment Fund (LAIF) for the Month of September 2022
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of September 2022 in the amount of $11,223,201.06
C. Approval of the City Demands and Payroll Including Statement of Investment for the Month of September 2022
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,750,512.85 including the Statement of Investments for the month of September 2022.

City Council/Successor Agency Minutes of 10/18/2022

D. Informational Item – ARPA Utilization Plan Monthly Report (September 2022) Recommendation: The City Council is requested to receive and file the ARPA Utilization Plan Monthly Report for the month of October 2022.

Motion: Council Member Lomelí motioned to approve Consent Calendar items, seconded by Vice Mayor Gonzalez. Motion passed 4-1 by the following roll call vote:

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

15. PUBLIC HEARING – NONE

16. BUSINESS SESSION
A. Consideration to Approve Proposed Contract Authorization Increase with Parking Company of America Management (PCAM) for Citywide Shuttle Services Presented by the Management Analyst
Recommendation: The City Council is requested to approve the following: Approve the Proposed Contract Authorization Increase to the Master Services Agreement between the City and Parking Company of America Management (PCAM) to adjust rates accordingly to the allowable Consumer Price Index agreed in the Master Services Agreement for Citywide Shuttle Services. Adopt Resolution No. 22-58 to augment the Fiscal Year 22-23 City Budget, appropriating an additional $78,118.36 for Citywide Shuttle Services.

Motion: Vice Mayor Gonzalez motioned to Approve the Proposed Contract Authorization Increase to the Master Services Agreement between the City and Parking Company of America Management (PCAM) to adjust rates accordingly to the allowable Consumer Price Index agreed in the Master Services Agreement for Citywide Shuttle Services.

Adopt Resolution No. 22-58 to augment the Fiscal Year 22-23 City Budget, appropriating an additional $78,118.36 for Citywide Shuttle Services, seconded by Council Member Lomelí. Motion passed 3-0 by the following roll call vote:

AYES: Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: None
ABSTAIN: Guerrero and Lozoya
B. Adoption of Proposed Ordinance Adding Section 2.12.030 (Powers and Duties) of Chapter 2.12 (City Manager) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code

City Council/Successor Agency Minutes of 10/18/2022

Presented by the City Attorney
Recommendation: The City Council is requested to approve an Ordinance by first reading, adding Section 2.12.030 (Powers and Duties) of Chapter 2.12 (City Manager) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.

Motion: Mayor Alcantar motioned to approve an Ordinance by first reading, adding Section 2.12.030 (Powers and Duties) of Chapter 2.12 (City Manager) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code, 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
C. Adoption of Proposed Ordinance Amending Section 3.16.120 (Bidding) of Chapter

3.16 (Purchasing System) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code
Presented by the City Attorney
Recommendation: The City Council is requested to approve an Ordinance by first reading, amending Section 3.16.120 (Bidding) of Chapter 3.16 (Purchasing System) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code.

Motion: Vice Mayor Gonzalez motioned to approve an Ordinance by first reading, amending Section 3.16.120 (Bidding) of Chapter 3.16 (Purchasing System) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code, seconded by Council Member Lomelí. Motion passed 4-0 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: None
ABSTAIN: Guerrero
D. Consideration to Fund the “LA Hot Wheels” Basketball team 5th Annual Basketball tournament
Presented by the Administrative Services Director
Recommendation: The City Council is requested to authorize the City Manager to present a check in the amount of $3,500 to Hot Wheels basketball team for their 5th Annual Basketball tournament held at Clara Park.

Motion: Mayor Alcantar motioned to authorize the City Manager to present a check in the amount of $3,500 to Hot Wheels basketball team for their 5th Annual Basketball

City Council/Successor Agency Minutes of 10/18/2022

tournament held at Clara Park, seconded by Vice Mayor Gonzalez. Motion passed 4-0 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: None
ABSTAIN: Guerrero
E. Update on the City’s Economic Development Strategic Plan Presented by the Community Development Director
Recommendation: The City Council is requested to provide City staff feedback on the outreach components of the Economic Development Strategic Plan. - ITEM TABLED TO THE NEXT MEETING -

17. COUNCIL DISCUSSION – NONE

18. ADJOURNMENT
Council Member Lozoya motioned to adjourn the City Council / Agency meeting at 8:09 p.m., seconded by Council Member Lomelí. Motion passed 5-0 by the following roll call vote:

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

Elizabeth Alcantar
Mayor
ATTEST:

Richard Iglesias
City Clerk

City Council/Successor Agency Minutes of 10/18/2022

City Council/Successor Agency Minutes of 11/01/2022

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

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
November 1, 2022 6:30 P.M.

1. CALL TO ORDER
Mayor / Chair Alcantar called the meeting to order at 6:34 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Blanca Lozoya
Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Jose R. Gonzalez (arrived at 6:36 p.m.) Mayor / Chair Elizabeth Alcantar
ABSENT: Council / Agency Member Jack M. Guerrero
ALSO PRESENT: City Manager, Alfonso Noyola, City Clerk, Richard Iglesias, Assistant City Clerk, Estefania Zamora, Deputy City Attorney, Stephanie Arechiga, Finance Director, Joshua Calhoun, Administrative Services Director, Brenda Rodriguez, Community Development Director Juan Arauz, Public Works Director, Aaron Hernandez, Management Analyst, Andres Rangel, Human Resources Manager, Noel Barajas, and Executive Secretary, Janet Andrade.

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. Community Development Department Annual Update
Attachment B Page 32 of 245
City Council/Successor Agency Minutes of 11/01/2022

6. CLOSED SESSION PUBLIC COMMENTS – NONE

7. CLOSED SESSION – NONE

8. CLOSED SESSION ANNOUNCEMENT – NONE

9. PUBLIC COMMENTS
Gerardo Hernandez wished Council Members best of luck on elections, spoke on local officials providing safe spaces and resources for LGBTQ community, referenced statistics from the 2021 Trevor Project National Survey on LGBTQ mental health and asked for Council to take action.

Ayde Bravo made Council aware of appellant court dismissing the case against KIPP by the request of KIPP and will not be building at the site, mentioned there are lessons to learn from this case and provided examples, judge that oversaw the case stated KIPP was in violation of CEQA.

Tevina Quintana praised Council Member Alcantar for giving out candy, congratulated Cudahy Alliance for Justice on the KIPP case, and mentioned she wants to speak to potential candidates running for Council.

Star Laca mentioned since it is November 1st wanted to remember all the angels that left us too soon, thanked Council Member Alcantar, Administrative Services Director Brenda Rodriguez, and City Manager for attending Teresa Hughes Elementary School Halloween event, and commented on the case being dismissed by KIPP’s request.

Bertha Martinez stated it was nice to see the Council at Cudahy Park Halloween event with Senator Lena Gonzalez on the award of 3.5 million and spoke on Cudahy Alliance for Justice victory.

Susie de Santiago echoed the comments from previous speakers, shared how proud she is of KIPP giving up and how Cudahy Alliance for Justice was relentless, also shared her interest in being part of the Rent Ad-Hoc Committee.

Gemma Lurie, TreePeople announced an event on November 12th at Clara Street Park beginning at 8 a.m. and will be having 125 fruit trees for residents.

10. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Lomelí thanked everyone for attending the meeting, spoke on Halloween events that happened in the city, spoke on LGBTQ+ and how we can be more inclusive, mentioned it is time to celebrate those that have transition and there is a space where the public can share pictures of loved ones, mentioned Aztec dancers having special practice and invited the community to attend.

Vice Mayor Gonzalez praised the team, spoke on the Halloween event, shared his excitement for the upcoming events and grants the City has received.

City Council/Successor Agency Minutes of 11/01/2022

Mayor Alcantar shared her attendance at the port of Long Beach tour with Mayor Garcia, attended Senator Lena Gonzalez’s State of the State along with Council Member Lomelí, attended LA Regional Round Table with former Mayor Villaraigosa to discuss the West Santa Ana Branch, shared her attendance at Teresa Hughes Elementary School Halloween Event, and the City’s Halloween event, also shared the Hot Wheel Event happening November 12th at Clara Park gym.

11. CITY MANAGER REPORT (information only)

12. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER COMMITTEE MEETINGS – NONE

13. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Council Member Lomelí motioned to waive full reading of resolutions and ordinances, seconded by Council Member Lozoya. Motion passed 4-0-1 by the following roll call vote:

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

14. CONSENT CALENDAR
A. Adoption of Proposed Resolution No. 22-59 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 November 1, 2022, through December 1, 2022, Pursuant to Brown Act Provisions Recommendation: The City Council is requested to approve proposed Resolution No. 22-59 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 November 1, 2022, through December 1, 2022, pursuant to Ralph M.

Brown Act provisions.

B. Adoption of Proposed Ordinance Adding Section 2.12.030 (Powers and Duties) of Chapter 2.12 (City Manager) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code
Recommendation: The City Council is requested to adopt an Ordinance No. 727 by second reading, adding Section 2.12.030 (Powers and Duties) of Chapter 2.12 (City Manager) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.

C. Adoption of Proposed Ordinance Amending Section 3.16.120 (Bidding) of Chapter

3.16 (Purchasing System) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code

City Council/Successor Agency Minutes of 11/01/2022

Recommendation: The City Council is requested to adopt an Ordinance No. 728 by second reading, amending Section 3.16.120 (Bidding) of Chapter 3.16 (Purchasing System) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code.

Motion: Vice Mayor Gonzalez motioned to approve Consent Calendar items, seconded by Council Member Lozoya. Motion passed 4-0-1 by the following roll call vote:

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

15. PUBLIC HEARING – NONE

16. BUSINESS SESSION
A. Update on the City’s Economic Development Strategic Plan Presented by the Community Development Director
Recommendation: The City Council is requested to provide City staff feedback on the outreach components of the Economic Development Strategic Plan. (DISCUSSION ONLY)
B. Approval of Professional Services Agreement for Classification and Total Compensation Study
Presented by the Human Resources Manager
Recommendation: The City Council is requested to award a Professional Services Agreement (PSA) to MGT of America Consulting, LLC to conduct a Classification and Total Compensation Study, in the amount of $54,880.

Motion: Vice Mayor Gonzalez motioned to award a Professional Services Agreement (PSA) to MGT of America Consulting, LLC to conduct a Classification and Total Compensation Study, in the amount of $54,880, seconded by Council Member Lomelí.

Motion passed 4-0-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: None
C. Consideration to Adopt Proposed Resolution No. 22-60 of the City Council of the City of Cudahy Calling for the Resignation of Two Los Angeles Council Members Presented by the City Clerk

City Council/Successor Agency Minutes of 11/01/2022

Recommendation: The City Council is requested to adopt proposed Resolution No. 22- 60 Calling for the Resignation of two Los Angeles Councilmembers.

Motion: Council Member Lomelí motioned to adopt proposed Resolution No. 22-60 Calling for the Resignation of two Los Angeles Councilmembers, seconded by Council Member Lozoya. Motion passed 4-0-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: None
At 7:43 p.m. Vice Mayor Gonzalez recused himself from the meeting.

D. Consideration to Authorize the City Manager to Enter into a Memorandum of Understanding Between the City of Cudahy and the County of Los Angeles for Coordination of Digital Connectivity Investments
Presented by the City Manager
Recommendation: The City Council is recommended to consider authorizing the City Manager to enter into a Memorandum of Understanding “MOU” between the City of Cudahy and the County of Los Angeles for Coordination of Digital Connectivity Investments.

Motion: Council Member Lozoya motioned the City Manager to enter into a Memorandum of Understanding “MOU” between the City of Cudahy and the County of Los Angeles for Coordination of Digital Connectivity Investments, seconded by Council Member Lomelí.

Motion passed 3-0-1 by the following roll call vote:

AYES: Lozoya, Lomelí, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: Gonzalez (recused himself due to potential conflict of interest) E. Discussion and Approval of Draft Letter addressed to the Honorable Janice Hahn Presented by the City Manager
Recommendation: The City Council is requested to discuss, provide feedback if necessary and approve the attached letter addressed to the Honorable Janice Hahn, to be signed by Mayor Alcantar on behalf of the City Council.

Motion: Mayor Alcantar motioned to approve the attached letter addressed to the Honorable Janice Hahn, to be signed by Mayor Alcantar on behalf of the City Council, seconded by Council Member Lomelí. Motion passed 3-0-1 by the following roll call vote:

City Council/Successor Agency Minutes of 11/01/2022

AYES: Lozoya, Lomelí, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: Gonzalez (recused himself due to potential conflict of interest) At 7:56 p.m. Vice Mayor Gonzalez returned to the meeting.

F. Consideration to Adopt Proposed Resolution No. 22-61 Authorizing Submittal of an Application for Rivers and Mountains Conservancy
Presented by the Management Analyst
Recommendation: The City Council is requested to adopt proposed Resolution No. 22- 61 authorizing submittal of an application for Rivers and Mountains Conservancy for the Lower Los Angeles River Pocket Park Project.

Motion: Council Member Lomelí motioned to adopt proposed Resolution No. 22-61 authorizing submittal of an application for Rivers and Mountains Conservancy for the Lower Los Angeles River Pocket Park Project, seconded by Council Member Lozoya.

Motion passed 4-0-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: None
G. Appointment of Two Cudahy Residents and One landlord to the Rent Control Ad Hoc Committee
Presented by the City Clerk
Recommendation: The City Council is requested to appoint two Cudahy Residents and one landlord to the Rent Control Ad Hoc Committee.

Motion: Mayor Alcantar motioned to appoint Susie de Santiago as landlord, Tevina Quintana, and Irma Lopez as tenants to the Rent Control Ad Hoc Committee, seconded by Council Member Lomelí. Motion passed 4-0-1 by the following roll call vote:

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

17. COUNCIL DISCUSSION – NONE

18. ADJOURNMENT

City Council/Successor Agency Minutes of 11/01/2022

Council Member Lozoya motioned to adjourn the City Council / Agency meeting at 8:08 p.m., seconded by Council Member Lomelí. Motion passed 4-0-1 by the following roll call vote:

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

Elizabeth Alcantar
Mayor
ATTEST:

Richard Iglesias
City Clerk

Attachment
C

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
11/15/2022 Page 1 of 3

STAFF REPORT
Date: November 15, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Juan Arauz, AICP, Community Development Director
Subject: Conditional Use Permit No. 38-379: Sprouts Farmers Market

RECOMMENDATION
Staff recommends that the City Council adopt proposed Resolution No. 22-63 approving CUP No. 38-379 to allow the operation of a full-service grocery store and the off-site sale of beer and wine (the “Project”), with a public convenience and necessity (PCN) finding, located at 7925 Atlantic Avenue, within the civic mixed-use zone. The City Council is also requested to adopt an environmental exemption for the Project pursuant to Article 19, Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). (Applicant: Sprouts Farmers Market)

BACKGROUND

1. On July 19, 2022, the Planning Division received a CUP application from the applicant requesting approval of the Project.

2. On October 17, 2022, the Planning Commission held a public hearing to consider recommending Project approval to the City Council. At this hearing, the Planning Commission unanimously approved a resolution recommending City Council approval of a CUP to allow the Project, and a PCN finding per the California Department of Alcoholic Beverages Control (ABC). The Planning Commission also recommended adoption of a Class 1 environmental exemption pursuant to CEQA.

3. On November 4, 2022, public notice for today’s hearing was completed pursuant to the Cudahy Municipal Code (CMC) Section 20.84.100 (Notice of Public Hearing).

Item Number
15A

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
11/15/2022 Page 2 of 3

ANALYSIS
Pursuant to CMC Section 20.28.020 (Use Regulations), applications requesting a CUP to allow full-service grocery stores are subject to review and approval by the Planning Commission.

Meanwhile, applications requesting a CUP to allow the off-sale of alcoholic beverages are subject to review and approval by the City Council. Since the Project includes requests for both a full-service grocery store and the off-sale of alcoholic beverages, the City Council is the final reviewing authority.

At the Planning Commission hearing held on October 17, 2022, Planning Division staff presented a report and resolution that evaluated the Project for conformance with the General Plan and all applicable sections of the zoning code. This staff report and resolution included an analysis and conclusion that all required findings to approve the Project CUP and PCN can be made. The October 17, 2022, staff report and resolution are included as Attachment B of this report.

The Project has been reviewed pursuant to CEQA, and it has been determined to be exempt per Section 15301, Class 1 (Existing Facilities). This exemption is applicable to projects involving the operation and repair of existing private structures with negligible or no expansion of use.

The Project proposes the operation of, and minor repairs to, an existing tenant space with no expansion to the existing footprint. Therefore, the Project is exempt pursuant to CEQA.

CONCLUSION
Staff recommends that the City Council adopt a resolution (Attachment A) approving a CUP and PCN finding associated with the Project, and adoption of a Class 1 Categorical Exemption pursuant to CEQA.

STRATEGIC PLAN CORRELATION
The Project supports the following strategies identified in the City’s Strategic Plan as adopted by the City Council.

Goal F.

1. Develop the Cudahy brand.

2. Create a sense of place and establish the community’s identity.

3. Use the Cudahy brand to provide visual identity of the City, including signage.

4. Identify methods to connect with community members, including soliciting input on a regular basis.

5. Increase the City’s social media presence.

6. Explore opportunities for efficiency through insourcing and outsourcing.

7. Foster relationship building among residents.

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
11/15/2022 Page 3 of 3

FINANCIAL IMPACT
All associated Project entitlement and plan check fees have been paid by the Applicant. There are impacts to the City’s General Fund beyond standard staff time.

ATTACHMENTS
A. City Council Resolution No. 22-63
B. October 17, 2022, Planning Commission Staff Report and Resolution

RESOLUTION NO. 22-63

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY TO APPROVE CONDITIONAL USE PERMIT NO. 38-379

TO ALLOW THE OPERATION OF A FULL-SERVICE GROCERY

STORE AND THE OFF-SITE SALE OF BEER AND WINE WITH A

PUBLIC CONVENIENCE AND NECESSITY (PCN) FINDING
WITHIN THE CIVIC MIXED-USE ZONE (LOCATION 7925
ATLANTIC AVENUE. APPLICANT: SPROUTS FARMERS

MARKET)
WHEREAS: The Applicant, Sprouts Farmers Market, requests approval of Conditional Use Permit (CUP) No. 38-379 to allow the operation of a full-service grocery store and the off-site sales of beer and wine; and
WHEREAS: The subject property is located at 7925 Atlantic Avenue in an area that is designated by the Cudahy General Plan as Civic Mixed-Use and by the Cudahy Zoning Map as Civic Mixed-Use (Civic MU); and
WHEREAS: On October 17, 2022, the Planning Commission at their regularly scheduled meeting recommended the City Council approve CUP No. 38-379 to allow the operation of a full service grocery store and the off-site sales of beer and wine with a public convenience and necessity (PCN) finding by a 5-0 vote; and
WHEREAS: The proposed facility is consistent with the General Plan and the integrity and character of the Civic MU zone as the project provides local goods and services to residents in a more commercial format that is easily accessible by the surrounding residential uses. The use would contribute to the economic growth of the Atlantic Avenue corridor by introducing a use that would serve the local community.

WHEREAS: This matter was duly noticed and posted for a public hearing held on November 15, 2022, at 6:30 P.M. consistent with the City of Cudahy's Zoning Ordinance procedures for CUPs.

NOW THEREFORE, the City Council of the City of Cudahy hereby resolves:

SECTION 1. The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq), and the City’s Local CEQA Guidelines. As a result of that analysis, it has been determined that this case will not have a significant impact upon the environment and no further environmental documentation will be required, pursuant to Article 19, Section 15301, Class 1, Existing Facilities, of the California Environmental Quality Act.

Attachment A Page 44 of 245
SECTION 2. After considering the proposal on the basis for approval or denial of CUP No. 38- 379 stated in Section 20 of the Cudahy Municipal Code (CMC) and, the City Council finds as follows:

CONDITIONAL USE PERMIT NO. 38-379
A. The project site has a General Plan Land Use designation of Mixed Use-Civic which is intended for civic, commercial, and residential uses. The project would support and be consistent with the several goals and policies of the City’s General Plan, including:
• Goal ED-2: A thriving climate attracting and retaining new businesses of diverse types and sizes.
- The project would introduce a national brand grocery store demonstrating business attraction into the City.
• Policy ED 5.5: Strive towards a balanced and sustainable economy through a diversified and stable long-term economic base.
- The proposed grocery store with off-sale of beer and wine would add a unique use to the Cudahy Plaza shopping center that could attract consumers to other areas of the City, and therefore help create a stable long-term economic base.

B. The project site is an existing tenant space located in a developed shopping center and no expansion is proposed. Vehicular access to the site would remain from Elizabeth Street to the north, Atlantic Avenue to the east, and Santa Ana Street to the south. The project does not propose a change to the footprint of the building, yards, walls, fences, parking, loading, landscaping or any other development features. The project site has adequate space, access, and parking to accommodate the proposed project. In addition, the proposed project complies with all applicable CMC development standards regulating the proposed use.

C. The project site is an existing shopping center developed with retail shops, restaurants, a gymnasium, and other commercial uses that are compatible with the proposed project.

Adjacent uses surrounding the project include a medical facility to the north, commercial residential uses to the east, commercial and residential uses to the south, and residential uses to the west. The project as proposed would serve as a neighborhood amenity within the surrounding uses and citywide.

D. The project location is located along Atlantic Avenue which has sufficient width to carry the daily vehicle trips generated by the project. Vehicular access to the project site would be provided from Elizabeth Street to the north, Atlantic Avenue to the east, and Santa Ana Street to the south, and would be sufficient to accommodate the project.

E. The project site is a fully developed shopping center with existing water, sewer, and public utilities. The proposed project would be served by existing utilities and services, and therefore would not be detrimental to the public health and safety of the vicinity.

F. The project would introduce a national brand grocery store with off-sale of beer and wine that would serve as an amenity to the residents and businesses of the City. The applicant would take necessary security measures for the sale of alcoholic beverages on site as required by the State Department of Alcohol and Beverage Control (ABC). All grocery staff must complete an ABC mandated training, as well as internal training on the sale of alcohol as part of their new employee orientation. A camera surveillance system with recordation

capabilities would be installed throughout the sales area and exterior elevation. Further, grocery store staff will monitor the project site to ensure a safe environment and compliance with all local and State mandated conditions to mitigate any impacts from the sale of alcohol.

SECTION 3. Pursuant to Section 20.52.110 of the CMC, grocery stores selling liquor shall be permitted only with a valid conditional use permit, which shall be subject to at least yearly review by the City Council, and which may contain but need not be limited to the following conditions:

1. Distance Requirements. Unless otherwise stated herein, businesses selling alcoholic beverages for off-site or on-site consumption shall be located a minimum distance of 500 feet from any religious institution, school, or other public playground.

Pursuant to Section 20.88.020 (Definitions) of the CMC, religious institutions are defined as a facility used for religious worship and incidental religious education and/or activities, but not including private schools. The nearest religious institution from the project site, Full Gospel Assembly of God, is located over 1,000 feet from the proposed use.

Pursuant to Section 20.88.020 (Definitions) of the CMC, schools are defined as academic educational institutions, including colleges and universities; elementary, middle/junior, and high schools; military academies; and charter schools, and does not include vocational schools, business and professional schools, tutoring and education centers, or nontuition part-time instruction at places of religious assembly. The nearest school and public playground from the project site, Elizabeth Learning Center, is located over 700 feet from the proposed use.

Pursuant to Section 20.04.080 (Interpretation of the Zoning Code) of the CMC, where uncertainty exists regarding the interpretation of any provision of the zoning code, the Community Development Director (Director) shall have the authority to interpret the intent of any provision. In reviewing the proposed project, City staff researched a business located at the project site, Options for Youth (OFY). While OFY offers classes to youth, they do so in non-traditional form including independent study, night classes, online courses, and single-subject tutoring. Therefore, the Director has determined OFY does not fit the definition of a school, but rather a tutoring and educational center which is not a sensitive receptor for the purpose of evaluating the required 500-foot distance requirement.

2. Distance from Other Establishments. Businesses selling alcoholic beverages for off-site consumption shall not be located within 1,000 feet of any other establishment selling and serving alcoholic beverages for off-site consumption.

The nearest establishment selling alcoholic beverages, ABC Market, is over 1,200 feet from the location of the proposed use.

3. Other Businesses on Same Parcel. Businesses selling alcoholic beverages for offsite and on-site consumption shall not be located on the same parcel or lot as a pool hall, cyber cafe, arcade, or massage establishment (primary use), movie theater, bowling alley, or retail store, except that such businesses selling alcoholic beverages may be located on the same parcel as a movie theater, bowling alley, or retail use in the Entertainment Zone.

There are no sensitive receptors, as described and intended, located in the Cudahy Plaza shopping center.

4. The establishment’s total yearly alcohol sales make up no more than 25 percent of the establishment’s total yearly gross sales.

Per the application materials received, it is anticipated that the total sales of beer and wine would make up less than 25% of grocery store’s total yearly gross sales.

5. Alcoholic beverages, as defined in California Business and Professions Code Section 23004, as that code section may be amended or supplemented or renumbered, shall not be sold in quantities smaller than 750 milliliters.

Per the application materials received, the proposed grocery store would primarily sell alcoholic beverages in quantities of 750 milliliters or greater. However, some sales would involve alcoholic beverages in quantities smaller than 750 milliliters, but would be sold in packs of two, four, or six.

6. All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.

Staff has proposed a condition of approval that would require all alcoholic beverages sold to be bagged in clear plastic bags, where use of brown paper or other opaque bags or packing is prohibited.

SECTION 4. Based upon the findings contained in this Resolution and on all other written and oral evidence in the record, the City Council hereby approves CUP No. 38-379 subject to the conditions of approval set forth below:

1. The applicant, its successors in interest, and assignees, shall indemnify, protect, defend (with legal counsel reasonably acceptable to the City), and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees, and agents from and against all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, and disbursements (collectively, “Claims”) arising out of or in any way relating to this project, any discretionary approval granted by the City related to the development of the project, or the environmental review conducted under the California Environmental Quality Act, Public Resources Code section 21000 et seq., (“CEQA”) for the project. If the City Attorney is required to enforce any conditions of approval, the applicant shall pay for all costs of enforcement, including attorney’s fees.

2. Subcontractors hired to improve the physical structures of the building shall obtain a contractor’s business license from the City Business License Department and submit proof of workers’ compensation insurance to the City Building Department, before the issuance of any permits.

3. All conditions shall be binding upon the applicant, their successors and assigns, shall run with the land, shall limit and control the issuance and validity of certificate of occupancy, and shall restrict and limit the construction, location, and use and maintenance of all land and structures within the development.

4. The site shall be kept in a neat manner at all times and any landscaping shall be continuously maintained in a healthy and thriving condition.

5. The project shall be developed in substantial conformance with the site plan and floor plan on file with the Community Development Department and as approved by the City Council.

6. The project shall comply with all conditions set forth by all local, state, and federal agencies.

7. The applicant shall not deviate from any of the approved plans without prior approval from the Director of Community Development.

8. All City Fees, i.e., plan check, building permit fees, school fees, development impact fees, business license, etc., shall be paid by the applicant prior to the submittal of the plans to the Building and Safety Department”.

9. The applicant shall sign and notarize an Affidavit of Acceptance of Conditions, which acknowledges all of the conditions imposed herein and the applicant's acceptance of this Permit subject to those conditions.

10. The rights granted under CUP No. 38.379 may be modified or revoked by the City Council should it be determined that the use or conditions under which the project is being operated or maintained is detrimental to the public health, welfare or materially harmful to property or improvements in the vicinity, if the property is operated or maintained to constitute a public nuisance or is a contributor to blight, or if the uses on the property are changed from the uses expressly approved herein.

11. The rights granted under CUP No. 38.379 shall expire within one (1) year of the date of approval by the City Council unless proper building permits have been obtained or the applicant is granted a time extension, upon written request, subject to the review and approval of the Community Development Director. No extension of time will be considered unless the application for an extension is filed at least 30 days prior to the expiration. An extension will not be granted if conditions have changed in that the requisite findings for approval can no longer be made.

12. Prior to any occupancy permit being granted, or commencement of the approved use, all applicable conditions shall be completed to the satisfaction of the City.

13. The applicant shall consider and be encouraged to hire employees from the community.

14. The applicant shall contact the Los Angeles County Fire Department for an inspection of the facility before commencing operations.

15. The applicant shall work with planning staff on improving the existing trash enclosure located within the front parking lot. Improvements shall include the replacement of the existing chainlink fence atop the enclosure with a wood or metal trellis matching that of the architectural style and colors of the façade.

16. Loading activities shall be limited to the existing loading area located at the rear west facing façade of the building.

PASSED AND APPROVED THIS 15th DAY OF NOVEMBER, 2022 BY THE FOLLOWING ROLL CALL VOTE:
______________________________
Elizabeth Alcantar
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk

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. 22-63 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 15th day of November 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

AGENDA REPORT
MEETING DATE: October 17, 2022
TO: Honorable Chair & Members of the Planning Commission FROM: Juan Arauz, AICP, Community Development Director
PREPARED BY: Jessica Guillen, Assistant Planner
Subject: Conditional Use Permit No. 38-379 to allow the operation of a fullservice grocery store and the off-site sales of beer and wine with a public convenience and necessity (PCN) finding for the property located 7925 Atlantic Avenue (Applicant: Sprouts Farmers Market).

RECOMMENDATION:

Staff recommends that the Planning Commission of the City of Cudahy recommend the City Council:

1. Approve CUP 38-379 to allow the operation of a full-service grocery store and the off-site sale of beer and wine with a public convenience and necessity (PCN) finding within the civic mixeduse zone (Location 7925 Atlantic Avenue. Applicant: Sprouts Farmers Market).

BACKGROUND/PROJECT DESCRIPTION:

The subject property at 7925 Atlantic Avenue (APN 6224-002-023 & 6224-005-032) is located at the northwest corner of Atlantic Avenue and Santa Ana Street, commonly known as the Cudahy Plaza Shopping Center. The grocery store would occupy the space that was formerly Big Lots in the Cudahy Plaza shopping center.

The Applicant, Sprouts Farmers Market, has submitted an application for a Conditional Use Permit (CUP) to allow the off-sale of beer and wine (Type 20 license) associated with a grocery store, at the project site in the Civic Mixed-Use (Civic MU) zone. The project site is approximately 5.5-acres and developed with retail stores, restaurants, a gymnasium, and a paved surface parking lot providing 520 vehicle parking spaces. The grocery store would occupy the space that was formerly Big Lots in the Cudahy Plaza shopping center. The project is accessible from Elizabeth Street to the north, Atlantic Avenue to the east, and Santa Ana Street to the south. An image of the project site is provided below (Fig. 1).

Attachment B Page 50 of 245
CUP 38-379; 7925 Atlantic Avenue 2
Fig.1: Aerial Image of Project Site
Source: Google Earth
ANALYSIS & DISCUSSION:

General Plan and Zoning. The City’s General Plan designates the site and surrounding area as “Civic Mixed-Use”, and as noted above, the property’s zoning is Civic Mixed-Use (Civic MU). Table 1 below shows the project site and surrounding area’s zoning and land uses.

Table 1
Zoning and Land Use

ZONING LAND USE
PROJECT SITE Civic MU Commercial/Retail Shopping Center NORTH Civic MU Kaiser Permanente
EAST Civic MU Commercial/retail Center & Mobile Home Park (Non-conforming) SOUTH Entertainment Vehicle Service Station
WEST Innovative
Industrial/HDR Residential/Multifamily Residential
As mentioned above, the project site has a General Plan and Zoning Code designation of Civic MixedUse. The Zoning Code permits a full-service grocery store with approval of a conditional use permit (CUP). The granting of a CUP will allows the city discretionary oversight of the project and allow staff to monitor any impacts the use may create.

The project proposes the establishment of a grocery store with off-sale of beer and wine pursuant to Chapter 20.52.110 of the City’s Zoning Code. The grocery store would be located in an existing tenant space with approximately 25,450 square feet, and the sales floor area for beer and wine would be

CUP 38-379; 7925 Atlantic Avenue 3
approximately 592 square feet, or approximately 2.5% of the total store square footage. The Applicant anticipates the sale of beer and wine to make up less than 5% of the total sales volume of the grocery store. Most beer and wine offerings will be sold in four packs or larger. However, there are some sales that would be as small as 187 ml for wine and 11.2 ounces for beer to be sold in packs of two, four, and six. Figure 2 below shows an image of the proposed grocery store floor plan with beer and wine sales area shown within the yellow circle.

Fig.2: Alcohol sales area
The proposed grocery store with off-sale of beer and wine would be located within the Civic MU zone which permits grocery stores and off-sale of alcoholic beverages subject to a CUP. The Cudahy Plaza shopping center has a mix of retail, restaurants, and service uses with a parking lot that provides 520 spaces. Therefore as presently developed, the project site is zoned and suitable for the proposed grocery with off-sale of beer and wine.

REQUIRED FINDINGS:

CONDITIONAL USE PERMIT
Cudahy Municipal Code (CMC) § 20.84.330 Basis for Approval or Denial of a CUP. • 20.84.330(a) That the use shall be consistent with the General Plan and consistent with the integrity and character of the zone in which it is intended to be located.

Support for Finding: The project site has a General Plan Land Use designation of Mixed UseCivic which is intended for civic, commercial, and residential uses. The project would support and be consistent with the several goals and policies of the City’s General Plan, including:

CUP 38-379; 7925 Atlantic Avenue 4
• Goal ED-2: A thriving climate attracting and retaining new businesses of diverse types and sizes.
- The project would introduce a national brand grocery store demonstrating business attraction into the City.
• Policy ED 5.5: Strive towards a balanced and sustainable economy through a diversified and stable long-term economic base.
- The proposed grocery store with off-sale of beer and wine would add a unique use to the Cudahy Plaza shopping center that could attract consumers to other areas of the City, and therefore help create a stable long-term economic base.

Therefore, the proposed project would be consistent with the General Plan and zoning code. • 20.84.330(b) That the site is adequate in size and shape to accommodate the yards, walls and fences, parking and loading, landscaping, and other development standards prescribed in this zoning code, or required by the Planning commission, City Council, or other authorized agent in order to integrate the conditional use with the land and uses in the neighborhood.

Support for Finding: The project site is an existing tenant space located in a developed shopping center and no expansion is proposed. Vehicular access to the site would remain from Elizabeth Street to the north, Atlantic Avenue to the east, and Santa Ana Street to the south.

The project does not propose a change to the footprint of the building, yards, walls, fences, parking, loading, landscaping or any other development features. The project site has adequate space, access, and parking to accommodate the proposed project. In addition, the proposed project complies with all applicable CMC development standards regulating the proposed use. • 20.84.330(c) That the Planning Commission shall consider the nature, condition, and development of adjacent uses, buildings, and structures and the effect the proposed use may have on such adjacent uses, buildings and structures.

Support for Finding: The project site is an existing shopping center developed with retail shops, restaurants, a gymnasium, and other commercial uses that are compatible with the proposed project. Adjacent uses surrounding the project include a medical facility to the north, commercial residential uses to the east, commercial and residential uses to the south, and residential uses to the west. The project as proposed would serve as a neighborhood amenity for residential and business community within the city.
• 20.84.330(d) That the site for a proposed conditional use should relate to streets and highways adequate in width and pavement to carry the kind and quantity of traffic such use would generate.

Support for Finding: The project location is located along Atlantic Avenue which has sufficient width to carry the daily vehicle trips generated by the project. Vehicular access to the project site would be provided from Elizabeth Street to the north, Atlantic Avenue to the east, and Santa Ana Street to the south, and would be sufficient to accommodate the proposed project. • 20.84.330(e) That adequate provisions for water, sewer and public utilities and services are available to ensure that the use will not be detrimental to the public health and safety.

CUP 38-379; 7925 Atlantic Avenue 5
Support for Finding: The project site is a fully developed shopping center with existing water, sewer, and public utilities. The proposed project would be served by existing utilities and services, and therefore would not be detrimental to the public health and safety of the vicinity. • 20.84.330(f) That the use will not be detrimental to the public interest, health, safety, convenience or welfare.

Support for Finding: The project would introduce a national brand grocery store with off-sale of beer and wine that would serve as an amenity to the residents and businesses of the City. The applicant would take necessary security measures for the sale of alcoholic beverages on site as required by the State Department of Alcohol and Beverage Control (ABC). All grocery staff must complete an ABC mandated training, as well as internal training on the sale of alcohol as part of their new employee orientation. A camera surveillance system with recordation capabilities would be installed throughout the sales area and exterior elevation. Further, grocery store staff will monitor the project site to ensure a safe environment and compliance with all local and State mandated conditions to mitigate any impacts from the sale of alcohol.

Pursuant to Section 20.52.110 of the CMC, grocery stores selling liquor shall be permitted only with a valid CUP, which shall be subject to at least yearly review by the City Council and which may contain but need not be limited to the following conditions:

1. Distance Requirements. Unless otherwise stated herein, businesses selling alcoholic beverages for off-site or on-site consumption shall be located a minimum distance of 500 feet from any religious institution, school, or other public playground.

Pursuant to Section 20.88.020 (Definitions) of the CMC, religious institutions are defined as a facilities used for religious worship and incidental religious education and/or activities, but not including private schools. As defined in the CMC, the nearest religious institution from the project site, Full Gospel Assembly of God, is located over 1,000 feet from the proposed use.

Pursuant to Section 20.88.020 (Definitions) of the CMC, schools are defined as academic educational institutions, including colleges and universities; elementary, middle/junior, and high schools; military academies; and charter schools, and does not include vocational schools, business and professional schools, tutoring and education centers, or nontuition part-time instruction at places of religious assembly. As defined in the CMC, the nearest school and public playground from the project site, Elizabeth Learning Center, is located over 700 feet from the proposed use.

Pursuant to Section 20.04.080 (Interpretation of the Zoning Code) of the CMC, where uncertainty exists regarding the interpretation of any provision of the zoning code, the Community Development Director (Director) shall have the authority to interpret the intent of any provision. In reviewing the proposed project, City staff researched a business located at the project site, Options for Youth (OFY). While OFY offers classes to youth, they do so in nontraditional form including; independent study, night classes, online courses, and single-subject tutoring. Therefore, the Director has determined OFY does not fit the definition of a school, but rather a tutoring and educational center which is not a sensitive receptor for the purpose of evaluating the required 500-foot distance requirement.

2. Distance from Other Establishments. Businesses selling alcoholic beverages for off-site consumption shall not be located within 1,000 feet of any other establishment selling and serving alcoholic beverages for off-site consumption.

CUP 38-379; 7925 Atlantic Avenue 6
The nearest establishment selling alcoholic beverages, ABC Market, is over 1,200 feet from the location of the proposed use.

3. Other Businesses on Same Parcel. Businesses selling alcoholic beverages for off-site and on-site consumption shall not be located on the same parcel or lot as a pool hall, cyber cafe, arcade, or massage establishment (primary use), movie theater, bowling alley, or retail store, except that such businesses selling alcoholic beverages may be located on the same parcel as a movie theater, bowling alley, or retail use in the Entertainment Zone.

None of the above listed uses are located in the Cudahy Plaza shopping center.

4. The establishment’s total yearly alcohol sales make up no more than 25 percent of the establishment’s total yearly gross sales.

Per the application materials received, it is anticipated that the total sales of beer and wine would make up less than 25% of grocery store’s total yearly gross sales.

5. Alcoholic beverages, as defined in California Business and Professions Code Section 23004, as that code section may be amended or supplemented or renumbered, shall not be sold in quantities smaller than 750 milliliters.

Per the application materials received, the proposed grocery store would primarily sell alcoholic beverages in quantities of 750 milliliters or greater. However, some sales would involve alcoholic beverages in quantities smaller than 750 milliliters, but would be sold in packs of two, four, or six.

6. All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.

Staff has proposed a condition of approval that would require all alcoholic beverages sold to be bagged in clear plastic bags, where use of brown paper or other opaque bags or packing is prohibited.

Finding of Public Convenience and Necessity
The Applicant is requesting to allow beer and wine sales within the proposed grocery store between the hours of 7:00 A.M. to 10:00 P.M, Monday through Sunday. This request requires a City Council Finding of Public Convenience and Necessity (PCN) to ABC due to an over concentration of alcohol licenses issued within the census tract of the project site. The project site is located within census tract 5343.01 where four alcohol licenses are presently issued. The requested PCN for a Type 20 license would facilitate the issuance of a fifth off-sale alcohol license. The table below lists the four active alcohol licenses within the census tract issued by ABC.

CUP 38-379; 7925 Atlantic Avenue 7
License
Number
Status License
Type
Orig. Iss.

Date
Expiration
Date
Primary
Owner
Premises
Address
Business
Name
454701 Active 20 09/19/2007 08/31/2023 Kim,
Kwang
Chul
4746
Elizabeth
St.

ABC
Market
469876 Active 21 11/03/2008 10/31/2022 Quintero,
Albert
8301-03
Atlantic
Ave.

Rainbow
Liquor
529528 Active 20 03/14/2013 02/28/2023 Hernandez
De Alba,
Ricardo
8022
Atlantic
Ave.

La
Zapopana
Meat
Market
602276 Active 20 02/27/2019 01/31/2023 South City
Gas Inc
8111
Atlantic
Ave.

South Bay
Petro
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq), and the City’s Local CEQA Guidelines. As a result of that analysis, it has been determined that this project would not have a significant impact upon the environment and no further environmental documentation will be required, pursuant to Article 19, Section 15301, Class 1, Existing Facilities, of the California Environmental Quality Act.

ATTACHMENTS:

1. Location Map

2. Proposed Development Plans

3. PC Resolution 22-06

RESOLUTION NO. PC 22-06

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF CUDAHY RECOMMENDING THE CITY COUNCIL APPROVE
CONDITIONAL USE PERMIT NO. 38-379 TO ALLOW THE

OPERATION OF A FULL SERVICE GROVERY STORE AND THE

OFF-SITE SALE OF BEER AND WINE WITH A PUBLIC

CONVENIENCE AND NECESSITY (PCN) FINDING WITHIN THE
CIVIC MIXED-USE ZONE (LOCATION 7925 ATLANTIC AVENUE.

APPLICANT: SPROUTS FARMERS MARKET)
WHEREAS: The Applicant, Sprouts Farmers Market, requests approval of Conditional Use Permit No. 38-379 to allow the operation of a full-service grocery store and the off-site sales of beer and wine; and
WHEREAS: The subject property is located at 7925 Atlantic Avenue in an area that is designated by the Cudahy General Plan as Civic Mixed-Use and by the Cudahy Zoning Map as Civic Mixed-Use; and
WHEREAS: The proposed facility is consistent with the General Plan and the integrity and character of the Commercial Core District as the project provides local goods and services to residents in a more commercial format that is easily accessible by the surrounding residential uses. The use would contribute to the economic growth of the Atlantic Avenue corridor by allowing the upgrade of an existing use and property along the prominent Atlantic Avenue corridor.

WHEREAS: This matter was duly noticed and posted for a public hearing held on October 17, 2022, at 6:30 P.M. consistent with the City of Cudahy's Zoning Ordinance procedures for Conditional Use Permits.

NOW THEREFORE, the Planning Commission of the City of Cudahy hereby resolves:

SECTION 1. The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq), and the City’s Local CEQA Guidelines. As a result of that analysis, it has been determined that this case will not have a significant impact upon the environment and no further environmental documentation will be required, pursuant to Article 19, Section 15301, Class 1, Existing Facilities, of the California Environmental Quality Act.

SECTION 2. After considering the proposal on the basis for approval or denial of Conditional Use Permit No. 38-379 stated in Section 20 of the Cudahy Municipal Code and, the Planning Commission finds as follows:

CONDITIONAL USE PERMIT NO. 38-379
A. The project site has a General Plan Land Use designation of Mixed Use-Civic which is intended for civic, commercial, and residential uses. The project would support and be consistent with the several goals and policies of the City’s General Plan, including:
• Goal ED-2: A thriving climate attracting and retaining new businesses of diverse types and sizes.

- The project would introduce a national brand grocery store demonstrating business attraction into the City.
• Policy ED 5.5: Strive towards a balanced and sustainable economy through a diversified and stable long-term economic base.
- The proposed grocery store with off-sale of beer and wine would add a unique use to the Cudahy Plaza shopping center that could attract consumers to other areas of the City, and therefore help create a stable long-term economic base.

B. The project site is an existing tenant space located in a developed shopping center and no expansion is proposed. Vehicular access to the site would remain from Elizabeth Street to the north, Atlantic Avenue to the east, and Santa Ana Street to the south. The project does not propose a change to the footprint of the building, yards, walls, fences, parking, loading, landscaping or any other development features. The project site has adequate space, access, and parking to accommodate the proposed project. In addition, the proposed project complies with all applicable CMC development standards regulating the proposed use.

C. The project site is an existing shopping center developed with retail shops, restaurants, a gymnasium, and other commercial uses that are compatible with the proposed project.

Adjacent uses surrounding the project include a medical facility to the north, commercial residential uses to the east, commercial and residential uses to the south, and residential uses to the west. The project as proposed would serve as a neighborhood amenity within the surrounding uses and citywide.

D. The project location is located along Atlantic Avenue which has sufficient width to carry the daily vehicle trips generated by the project. Vehicular access to the project site would be provided from Elizabeth Street to the north, Atlantic Avenue to the east, and Santa Ana Street to the south, and would be sufficient to accommodate the project.

E. The project site is a fully developed shopping center with existing water, sewer, and public utilities. The proposed project would be served by existing utilities and services, and therefore would not be detrimental to the public health and safety of the vicinity.

F. The project would introduce a national brand grocery store with off-sale of beer and wine that would serve as an amenity to the residents and businesses of the City. The applicant would take necessary security measures for the sale of alcoholic beverages on site as required by the State Department of Alcohol and Beverage Control (ABC). All grocery staff must complete an ABC mandated training, as well as internal training on the sale of alcohol as part of their new employee orientation. A camera surveillance system with recordation capabilities would be installed throughout the sales area and exterior elevation. Further, grocery store staff will monitor the project site to ensure a safe environment and compliance with all local and State mandated conditions to mitigate any impacts from the sale of alcohol.

SECTION 3. Pursuant to Section 20.52.110 of the CMC, grocery stores selling liquor shall be permitted only with a valid conditional use permit, which shall be subject to at least yearly review by the City Council, and which may contain but need not be limited to the following conditions:

1. Distance Requirements. Unless otherwise stated herein, businesses selling alcoholic beverages for off-site or on-site consumption shall be located a minimum

distance of 500 feet from any religious institution, school, or other public playground.

Pursuant to Section 20.88.020 (Definitions) of the CMC, religious institutions are defined as a facility used for religious worship and incidental religious education and/or activities, but not including private schools. The nearest religious institution from the project site, Full Gospel Assembly of God, is located over 1,000 feet from the proposed use.

Pursuant to Section 20.88.020 (Definitions) of the CMC, schools are defined as academic educational institutions, including colleges and universities; elementary, middle/junior, and high schools; military academies; and charter schools, and does not include vocational schools, business and professional schools, tutoring and education centers, or nontuition part-time instruction at places of religious assembly. The nearest school and public playground from the project site, Elizabeth Learning Center, is located over 700 feet from the proposed use.

Pursuant to Section 20.04.080 (Interpretation of the Zoning Code) of the CMC, where uncertainty exists regarding the interpretation of any provision of the zoning code, the Community Development Director (Director) shall have the authority to interpret the intent of any provision. In reviewing the proposed project, City staff researched a business located at the project site, Options for Youth (OFY). While OFY offers classes to youth, they do so in non-traditional form including independent study, night classes, online courses, and single-subject tutoring. Therefore, the Director has determined OFY does not fit the definition of a school, but rather a tutoring and educational center which is not a sensitive receptor for the purpose of evaluating the required 500-foot distance requirement.

2. Distance from Other Establishments. Businesses selling alcoholic beverages for off-site consumption shall not be located within 1,000 feet of any other establishment selling and serving alcoholic beverages for off-site consumption.

The nearest establishment selling alcoholic beverages, ABC Market, is over 1,200 feet from the location of the proposed use.

3. Other Businesses on Same Parcel. Businesses selling alcoholic beverages for offsite and on-site consumption shall not be located on the same parcel or lot as a pool hall, cyber cafe, arcade, or massage establishment (primary use), movie theater, bowling alley, or retail store, except that such businesses selling alcoholic beverages may be located on the same parcel as a movie theater, bowling alley, or retail use in the Entertainment Zone.

None of the above listed uses are located in the Cudahy Plaza shopping center.

4. The establishment’s total yearly alcohol sales make up no more than 25 percent of the establishment’s total yearly gross sales.

Per the application materials received, it is anticipated that the total sales of beer and wine would make up less than 25% of grocery store’s total yearly gross sales.

5. Alcoholic beverages, as defined in California Business and Professions Code Section 23004, as that code section may be amended or supplemented or renumbered, shall not be sold in quantities smaller than 750 milliliters.

Per the application materials received, the proposed grocery store would primarily sell alcoholic beverages in quantities of 750 milliliters or greater. However, some sales would involve alcoholic beverages in quantities smaller than 750 milliliters, but would be sold in packs of two, four, or six.

6. All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.

Staff has proposed a condition of approval that would require all alcoholic beverages sold to be bagged in clear plastic bags, where use of brown paper or other opaque bags or packing is prohibited.

SECTION 4. Based upon the findings contained in this Resolution and on all other written and oral evidence in the record, the Planning Commission hereby recommends City Council approval of Conditional Use Permit No. 38-379 subject to the conditions of approval set forth below:

1. The applicant, its successors in interest, and assignees, shall indemnify, protect, defend (with legal counsel reasonably acceptable to the City), and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees, and agents from and against all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, and disbursements (collectively, “Claims”) arising out of or in any way relating to this project, any discretionary approval granted by the City related to the development of the project, or the environmental review conducted under the California Environmental Quality Act, Public Resources Code section 21000 et seq., (“CEQA”) for the project. If the City Attorney is required to enforce any conditions of approval, the applicant shall pay for all costs of enforcement, including attorney’s fees.

2. Subcontractors hired to improve the physical structures of the building shall obtain a contractor’s business license from the City Business License Department and submit proof of workers’ compensation insurance to the City Building Department, before the issuance of any permits.

3. All conditions shall be binding upon the applicants, their successors and assigns, shall run with the land, shall limit and control the issuance and validity of certificate of occupancy, and shall restrict and limit the construction, location, and use and maintenance of all land and structures within the development.

4. The site shall be kept in a neat manner at all times and any landscaping shall be continuously maintained in a healthy and thriving condition.

5. Any changes in building textures, materials, and colors on the exterior walls are subject to planning approval. A developer is required to submit samples of all exterior materials for approval prior to the issuance of building permits.

6. Construction shall conform to the site plan and floor plan on file with the Community Development Department and as approved by the Planning Commission.

7. The applicant shall comply with all conditions set forth by the Los Angeles County Fire Department.

8. The applicant shall not deviate from any of the approved plans without prior approval from the Director of Community Development or the Planning Commission.

9. All City Fees, i.e., plan check, building permit fees, school fees, development impact fees, business license, etc., shall be paid by the applicant prior to the submittal of the plans to the Building and Safety Department”.

10. The applicant shall sign and notarize an Affidavit of Acceptance of Conditions, which acknowledges all of the conditions imposed herein and the applicant's acceptance of this Permit subject to those conditions.

11. The rights granted under CUP No. 38.379 may be modified or revoked by the Planning Commission should it be determined that the proposed uses or conditions under which the project is being operated or maintained is detrimental to the public health, welfare or materially harmful to property or improvements in the vicinity, if the property is operated or maintained to constitute a public nuisance or is a contributor to blight, or if the uses on the property are changed from the uses expressly approved herein.

12. The rights granted under CUP No. 38.379 shall expire within one (1) year of the date of approval by the Planning Commission unless proper building permits have been obtained or the applicant(s) applies for and is granted an extension of time. No extension of time will be considered unless the application for an extension is filed at least 30 days prior to the expiration. An extension will not be granted if conditions have changed in that the requisite findings for approval can no longer be made.

13. Prior to any occupancy permit being granted, or commencement of the approved use, these conditions shall be completed to the satisfaction of the City.

14. The applicant shall consider and be encouraged to hire employees from the community.

15. The applicant shall contact the Los Angeles County Fire Department for an inspection of the facility before commencing operations.

16. The applicant shall work with planning staff on improving the existing trash enclosure located within the front parking lot. Improvements shall include the replacement of the existing chainlink fence atop the enclosure with a wood or metal trellis matching that of the architectural style an colors of the façade.

17. Loading activities shall be limited to the existing loading area located at the rear west facing façade of the building.

PASSED AND APPROVED THIS 17th DAY OF OCTOBER, 2022 BY THE FOLLOWING ROLL CALL VOTE:

AYES:

NOES:

ABSENT:

ABSTAIN:

Chairman
ATTEST:

By:

APPROVE AS TO FORM:

OLIVAREZ MADRUGA LEMIEUX
O’NEILL, LLP

ASSISTANT CITY ATTORNEY
Juan Arauz, AICP Deputy Secretary Susie Altamirano

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STAFF REPORT
Date: November 15, 2022
To: Honorable Mayor/ Members fo the City Council
From: Alfonso Noyola, City Manager/Executive Director
By: Andres Rangel, Management Analyst
Subject: A Public Hearing to Consider and Adopt Resolution No. 22-64 of the City of Cudahy City Council Approving Substantial Amendment No. 1 to the Fiscal Year 2022-2023 Community Development Block Grant (CDBG)

RECOMMENDATION
The City Council is requested to Adopt Resolution No. 22-64, approving Substantial Amendment No. 1 to the Fiscal Year 2022-2023 Community Development Block Grant (CDBG).

BACKGROUND

1. On December 21, 2021, the City Council adopted Resolution No. 21-52 approving projects for the FY 2022-2023 Community Development Block Grant (CDBG).

2. On August 25, 2022, the Los Angeles County Development Authority (LACDA) informed the City that it had recovered $325,747.00 unspent funds that would need to be programmed.

3. On October 16, 2022, a notice was published regarding the consideration for the substantial amendment and upcoming public hearing for November 15, 2022.

ANALYSIS
The United States Department of Housing and Urban Development (HUD) administers the CDBG program. For funding eligibility, a city must submit an annual application to HUD.

Applications are submitted through the Los Angeles County Development Authority (LACDA).

The City of Cudahy City Council approved funding and projects for Fiscal Year (FY) 2022-2023 on December 21, 2021.

The City has been informed that it has recovered, unspent funds in the amount of $325,747 Item Number
15B

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that it must now program into the current 2022-2023 fiscal year. These funds are from unused funds from past programs. The LACDA is asking Cities to make a commitment to expend 75% of Cudahy’s allocation by March 2023.

When a substantial change (i.e., adding an activity, canceling an activity, or redirecting funds) is proposed the LACDA requires the City that the public be notified and a public hearing be held to allow the public an opportunity to comment on the proposed substantial changes.

In considering potential projects and programs for funding, it should be noted that up to twenty percent (20%) of that fiscal year’s allocation can be budgeted for public services. Typically, the public service cap is fifteen percent (15%), however because there is a continued need for public services due to the ongoing COVID-19 pandemic, LACDA is allowing a 20% cap for this fiscal year. The City is currently within that public service cap.

ELIGIBLE ACTIVITIES FOR FUNDING
The types of activities that can be funded under the program include the following:
• Land acquisition and disposition;
• Development of, and improvements to, public facilities; • Street and other infrastructure improvements;
• Demolition and clearance of property improvements;
• Code Enforcement ;
• Public service activities;
• Housing and commercial rehabilitation;
• Economic development activities; and
• Program administration.

INELIGIBLE ACTIVITIES
There are certain activities or projects for which CDBG funds cannot be used. These ineligible activities include:
• Construction of city halls, county administrative buildings, or other facilities in which the legislative, judicial, or general administrative affairs of the government are conducted;
• Purchase of equipment, unless otherwise required for program purposes; • Operating and maintenance expenses;
• General government expenses; and
• Political activities.

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PROPOSED PROJECTS
• The CDBG Projects and Budgets being proposed to the City Council for the recovered funds as follows:

FY 2022-2023 CDBG
Project Name
Previously
Funded/Approved
Budget
Proposed
Changes
Proposed Revised CDBG
Budget Amendment No. 1
Non-Public Service Activies
Code Enforcement $174,655.00 $40,345.00 $215,000.00
Business Assistance $43,403.00 $0.00 $43,403.00
Clara St. Expansion Park
Restroom Improvements $136,000.00 $114,000.00 $250,000.00 Single Unit Housing
Rehabilitation $48,207.00 $71,402.00 $119,609.00
Clara & Lugo Park
Marquee Installation
Project – New Activity
$0.00 $100,000.00 $100,000.00
Subtotal Budget $402,265.00 $325,747.00 $728,012.00
Public Service- Project Names 20% Cap
Renter Rights Services $20,000.00 $0.00 $20,000.00
Graffiti Abatement $52,902.00 $0.00 $52,902.00
Subtotal Budget $72,902.00 $0.00 $72,902.00
Grand Total $475,167.00 $325.747 $800,914.00

PROPOSED PROGRAMS TO ADD/CHANGE
• Single-Unit Housing Rehabilitation Program – This program will amend guidelines to offer grants (up to $20,000 each for single‐family home). This program assists existing low‐to‐moderate income households with the repair or rehabilitation of owner‐ occupied units. The additional funds will for the rehabilitation of additional low income residential homes.
• Clara St. Expansion Park Restroom Improvements – Additional funds will be used to rehabiliate the restrooms at Clara Street Expansion Park. • Code Enforcement Program – Additional funds will be added to the program to replenish lost funds due to a countywide direction earlier in the year as well as provide additional funds to purchase code enforcement software to streamline tasks and coordinate with various City departments.

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• Clara & Lugo Park Marquee Installation Project – This new activity has been identified to retro fit existing dysfunction marquee signs at Clara and Lugo Park to electronic LED marquee signs.

CONCLUSION
Staff recommends that the City Council review and adopt resolution No. 22-XX, approving Substantial Amendment No. 1 to the Fiscal Year 2022-2023 Community Development Block Grant (CDBG).

STRATEGIC PLAN CORRELATION
Goal C (Housing Security and Affordability)
Objective:

1. Increase the use of residential rehabilitation programs using Community Development Block Grant (CDBG) funds.

Goal E (City Infrastructure and Service Delivery)
Objective:

1. Implement the City’s facility maintenance plan to ensure facilities and infrastructure are adequate and available in order to provide desired services.

2. Complete the Capital Improvement Plan, which anticipates the capital needs of Cudahy over a five-year period.

Goal F (Communication and Outreach)
Objective:

1. Use the Cudahy brand to provide visual identity of the City, including signage.

FINANCIAL IMPACT
An additional $325,747 of CDBG funds will be added to the FY 2022-2023 CDBG budget for a total budget of $800,914.

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ATTACHMENTS
A. Resolution No. 22-64 approving Substantial Amendment No. 1 to the Fiscal Year 2022-2023 Community Development Block Grant (CDBG).

R0ESOLUTION NO. 22-64

A RESOLUTION OF THE CITY OF CUDAHY CITY COUNCIL APPROVING SUBSTANTIAL AMENDMENT NO. 1 TO THE FISCAL YEAR 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM.

WHEREAS, on August 22, 1974, the President of the United States signed into law the Housing and Community Development Act of 1974 (Act); and WHEREAS, the primary goals of Title I of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and
WHEREAS, the City of Cudahy has received notification of the availability of $325,747 in federal Community Development Block Grant (CDBG) funds to further the attainment of these goals during Fiscal Year 2022-23; and
WHEREAS, the Cudahy City Council has published information regarding eligible activities under the Act and has conducted a public hearing to solicit suggestions from the community for the utilization of these funds.

NOW, THEREFORE, BE IT RESOLVED,
Section 1: The Cudahy City Council hereby approves substantial amendment number one to the CDBG funds for FY 2022-23 for the following purposes:

Renter Rights Services $ 20,000
Graffiti Abatement $ 52,902
Business Assistance $ 43,403
Single Unit Rehabilitation Program* $ 119,609
Clara St Park Expansion Restroom
Improvements $ 250,000
Code Enforcement $ 215,000
Clara & Lugo Park Marquee
Installation Project $ 100,000
Grand Total $ 800,914
*Homeowner grants will increase from $10,000 to $20,000.

Resolution No. 22-64

Section 2: The City Council authorizes City staff to adjust the Program budget as necessary throughout the Fiscal Year. This includes, but is not limited to, allocating amounts on a per project basis, adjust project budgets, implementing a new or cancelling existing activities, to allow for the timely expenditure of CDBG-funds.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 15th day of November 2022.

Elizabeth Alcantar
Mayor
ATTEST:

Richard Iglesias
City Clerk

Resolution No. 22-64

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. 22-64 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 11th day of November 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: November 15, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
Juan Arauz, AICP, Community Development Director
Subject: Consideration of the First Amendment to the Purchase and Sale Agreement by and between the City of Cudahy and Prima Development for the acquisition and development of the property located at 4610 Santa Ana Street (APN 6224-019- 014/901) and finding that the project’s environmental impacts have already been fully analyzed under CEQA pursuant to the previously approved Addendum to the General Plan EIR

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

1. Adopt Resolution No. 22-65, approving the First Amendment to the Purchase and Sale Agreement (“PSA”) by and between the City of Cudahy and Prima Development to sell the real property located at 4610 Santa Ana Street, Cudahy, California (APN 6224-019- 901), in order to allow for the development of affordable housing for low income and homeless seniors (“Project”), and finding that the project’s environmental impacts have already been fully analyzed under CEQA pursuant to a previously approved Addendum to the General Plan EIR.”.

BACKGROUND/PROJECT DESCRIPTION
City has been in negotiations with Prima Development, a California nonprofit public benefit corporation (the “Developer”) regarding the sale and purchase of that certain property commonly known as 4610 Santa Ana Street, Cudahy, California with the following Los Angeles County Assessor Parcel Number: 6224-019-901 (the “Property”). The Property will be sold by the City by entering into a PSA with the Developer whereby Developer will develop the property into a mixed-use senior citizen affordable housing project after purchase.

The Project includes the construction of a new six-story senior mixed-use development located on a 58,357 square foot (1.34 acre) lot. The zoning of the Property is Entertainment (E). The Project, as now proposed, comprises one hundred sixty-three one-bedroom units ranging in Item Number
16A

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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.

ANALYSIS
On September 21, 2021, the City Council approved a Resolution No. 21-29, declaring the City’s intent to sell the Property and approved the PSA at their October 19, 2021, meeting. Since then, the applicant, Prima Development has requested an amendment to the Purchase and Sale Agreement to make the purchase price $0 because the cost of remediation exceeds the current valuation ($4,220,000) of the property.

The Probable Cost report (Attachment 1), prepared by Converse Consultants, incorporates new data from a supplemental site investigation requested by the California Department of Toxic Substances Control (DTSC), including additional soil gas sampling that was completed in July and will be submitted to DTSC with the proposed mitigation measures for further review and approval. According to the report, the concentrations of PCE and TCE increased with depth up to 25- feet below ground surface. In addition, concentrations of TPH in gasoline range was encountered at that depth and it is anticipated that venting will be required in addition to the membrane and mat slab. Based on these results, the report estimates approximately $1,724,612 in additional inflation adjusted costs above and beyond a previous estimate of $2,538,364 for a total all-in environmental mitigation cost of $4,262,976.

The City’s 3rd party reviewer, Willdan Engineering found the inflation adjusted environmental mitigation scope and cost estimates are reasonable. In addition to inflationary cost pressures, Willdan also concurred that the recent investigation and design of mitigation measures subject to further DTSC environmental agency oversight and direction, may further expand the scope and budget beyond the baseline analysis and inflation adjusted all-in estimate of $4,262,976.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq), and the City’s Local CEQA Guidelines. Specifically, the Project’s environmental impacts have already been analyzed in the Addendum to the City of Cudahy’s General Plan Final EIR (GPFEIR), and the City has already approved the Addendum. The requested amendment to the Purchase and Sale Agreement relates only to a change in purchase price, and it will not result in any impact on the environment. Because the requested amendment will not result in any new environmental impacts, no subsequent environmental document need be prepared under State CEQA Guidelines section 15162. Accordingly, no additional environmental analysis is

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required under CEQA.

STRATEGIC PLAN CORRELATION
The Project supports the following strategies identified in the City’s Strategic Plan as adopted by the City Council.

Goal F.

1. Develop the Cudahy brand.

2. Create a sense of place and establish the community’s identity.

3. Use the Cudahy brand to provide visual identity of the City, including signage.

4. Identify methods to connect with community members, including soliciting input on a regular basis.

5. Increase the City’s social media presence.

6. Explore opportunities for efficiency through insourcing and outsourcing.

7. Foster relationship building among residents.

FINANCIAL IMPACT
This item does not have any impacts to the City’s General Fund beyond standard staff time.

ATTACHMENTS
A. Probable Cost Letter, dated 7/22/2022
B. Resolution No. 22-65

Converse Consultants
75 Years of Dedication in Geotechnical Engineering & Consulting, Environmental & Groundwater Science, Materials Testing & Inspection Services
717 South Myrtle Avenue, Monrovia, California 91016
Telephone: (626) 930-1200 ♦ Facsimile: (626) 930-1212 ♦ www.converseconsultants.com July 22, 2022
Mr. Fernando Vasquez
President
Prima Development
12401 Woodruff Avenue, Suite 10
Downey, California 90241
Subject: Cudahy Seniors
Probable Cost – Environmental Mitigation
4610 Santa Ana Street
Cudahy, California
Converse Project No. 20-41-181-03
Mr. Vasquez:

Converse Consultants (Converse) is pleased to provide the attached Probable Cost for Environmental Mitigation for the Cudahy Seniors site at 4610 Santa Ana Street in the city of Cudahy.

The results of the recent Supplemental Site Investigation conducted by Converse has reported greater concentrations of PCE and TCE at depths of 20 and 25-feet. In addition, gasoline related compounds have been reported at greater concentrations, particularly at the southern portion of the site.

Based on this, it is anticipated that additional mitigation costs will be encountered during the development of the site.

Additional costs include the following:
 Special handling, transportation, and disposal of TPH impacted soil  Additional excavation.
 Installation of vapor barrier beneath the slab and along the side walls  Installation of sub slab venting
 Additional environmental investigation and oversight
 Regulatory oversight (DTSC and AQMD)
The project is currently under DTSC oversight. Upon submittal of the Supplemental Site Investigation Report to the DTSC, it is anticipated that additional sampling may be required.

Attachment A Page 74 of 245
Prima Development
Probable Cost-Environmental Mitigation
Cudahy Seniors
4610 Santa Ana Street, Cudahy
July 22, 2022
Converse Project No. 20-41-181-03 2
Copyright 2022 Converse Consultants
The proposed development of the site consists of one level of subterranean parking with a mat foundation. It is anticipated that excavation to a depth up to 19 feet will be required (11 feet plus a 3-foot mat foundation and 5 feet of over excavation) site wide.

Based on past environmental site assessments by Converse, it is anticipated that a portion of the soil will require special handling due to the presence of total petroleum hydrocarbons (TPH), volatile organic compounds (VOCs) in the soils. Additionally, monitoring of the excavation activities in accordance with AQMD rules 1466 and 1166 will be required.

Furthermore, based on the geotechnical soil conditions at the site, over excavation and backfill to finish subgrade and a mat foundation will also be required, resulting in extra site development costs.

The presence of VOCs in the soil vapor will require the installation of a chemically resistant vapor barrier along with sub slab venting. Prior to construction, additional investigation and design of mitigation measures will be conducted under agency oversight (DTSC). The gas mitigation design package will likely include membrane and vent plan, membrane details and vent riser details along with a plan outlining system components, installation requirements and post installation testing and evaluation. In addition, quarterly monitoring for up to 5 years followed by annual monitoring may be required.

The proposed mitigation system is based on a passive system. Should an active system be required, costs could increase significantly.

The additional estimated probable costs are $1,724,612 and include 5% inflation factor.

See attached spreadsheet outlining the additional costs.

We appreciate the opportunity to be of service. Should you have any questions or comments regarding this report, please contact John Ziegler at (626) 930-1234 or Norman Eke at (626) 930-1260.

CONVERSE CONSULTANTS
John Ziegler, RA Norman Eke
Senior Professional Senior Vice President
Dist: 1 to Addressee via Email
Encl: Probable Cost Spreadsheet

Lot Size 5 58,340 sf
Excavation Volume
depth of excavation (assuming 11 foot + 3‐foot mat) 14 ft overex 5 ft
total excavation depth 19 ft
total excavation        1,108,460 cf
excavation for dry well 1,696 cf
total excavation volume        1,110,156 cf
total excavation volume in cy             41,117 cy
total excavation volume at 1.85 tons        76,066.24 tons Mitigation / Export Fill
Transportation and disposal of segregated area with TPH exceeding RWQCB inert disposal criteria              tons 1,096.00 $              75.00 $          82,200.00 $                       ‐ $            82,200.00 Transportation and disposal of inert soil to Maitri Landfill         cy 41,117.00 $              57.54 $   2,365,872.18 $     1,463,529.90 $         902,342.28 Excavation, stockpiling, loading, street sweeping for export of impacted soil (segregation & handling environmental material)                    da 45.00 ys  12,000.00 $       $       540,000.00 $                       ‐ $         540,000.00 Load,haul & dump fees for export of dirt off site without environmental issues (deduct)           tons 32,000.00 $             (25.87) $      (827,840.00) $                       ‐ $        (827,840.00) Provide a vapor barrier and venting (mat slab and 4 walls) 68,340 sf $              12.00 $       820,080.00 $        820,080.00 $                       ‐ Subtotal Mitigation $   2,980,312.18 $    2,283,609.90 $        696,702.28 Environmental Oversight & Monitoring
Other
Rule 1466 & Rule 1166 monitoring personnel and equipment $         day 2,400.00 45 108,000.00 $       $                       ‐ $         108,000.00 Mitigation Design and oversight $      tm 80,000.00 1 $         80,000.00 $          80,000.00 $                       ‐ Initial & Additional Investigations $      tm 55,000.00 1 $         64,003.87 $          49,004.00 $           14,999.87 Regulatory Agency Environmental Oversight Costs (project management, meetings, coordination) $          week 1,200.00 9 90,800.00 $           $          80,000.00 $            10,800.00 Subtotal ‐ Environmental Oversight $      342,803.87 $        209,004.00 $        133,799.87 Additional Backfill / Import Fill
16,000 cf
cy 592.59
tons 1,096.30 $              28.00 $         30,696.30 $                       ‐ $           30,696.30 compaction ‐ 4 weeks of observation, PW 2 week 5,200.00 $         $         10,400.00 $                       ‐ $           10,400.00 Compaction Testing, assume single source 2 ea $           200.00 $               400.00 $                       ‐ $                 400.00 Subtotal Additional Backfill $         41,496.30 $                        41,496.30 ‐ $ Premium for mat foundation
concrete ‐ Mat 3' x 44,066 44,066 sf $              75.00 $   3,304,950.00 $                        3,304,950.00 ‐ $ conventional foundation (deduct) 44,066 sf $             (2, (60.00) $   643,960.00) $                        (2,643,960.00) ‐ $ Subtotal Mat Foundations $       660,990.00 $                       ‐ $        660,990.00 Mobilization, Trim to Beams after Installed; Gen Conditions; Rough Grade $         45,750.10 $          45,750.10 $                       ‐ Total Soil Clean Up + Installation of Gas Mitigation System Costs $   4,071,352.44 $    2,538,364.00 $     1,532,988.44 Additional Cost escalation to Q2 2024 @ 5% per year 2.5 years 5% 12.5% $     1,724,612.00 Total Inflation Adjusted Soil Clean Up + Installation of Gas Mitigation System Costs $   4,262,976.00 $    2,538,364.00 $     1,724,612.00 (a) Initial Cost Estimate Sources:

Converse Estimated Probable Cost Gas Mitigation System Design & Implementation dated September 21, 2020Project No. 20‐41‐181‐03) Endrizzi Enterprises, Inc. Grading & Clearing Estimate Dated September 23, 2020. (b) Additonal Cost Estimate Sources:

Converse Cudahy Seniors Probable Cost – Environmental Mitigation Report dated July 22, 2022 (Project No. 20-41-181-03 Updated) Cudahy Seniors ‐ Env Mitigation Probable Costs
Total All‐In Cost
Estimate
Initial Cost
Estimate (a)
Additional Cost
Estimate (b)
Volume of Import fill (5‐feet x 58,640 sf) to replace impacted soil. Assuming clean tested soil (DTSC Level) Including placement and compaction.

45635.09000\26188518.1 1
RESOLUTION NO. 22-65

A RESOLUTION OF THE CITY OF CUDAHY,

CALIFORNIA, APPROVING THE FIRST AMENDMENT

TO THE PURCHASE AND SALE AGREEMENT BETWEEN

THE CITY OF CUDAHY AND PRIMA DEVELOPMENT
AND FINDING THE PROJECT’S ENVIRONMENTAL

IMPACTS HAVE ALREADY BEEN FULLY ANALYZED

UNDER CEQA PURSUANT TO A PREVIOUSLY

APPROVED ADDENDUM TO THE GENERAL PLAN EIR
WHEREAS, on September 21, 2021, the City approved that certain PURCHASE AND SALE AGREEMENT (PSA) with Prima Development (“Developer”) for the purchase and sale of certain real property (“Property”) as an affordable senior mixed use development project (“Project”) as set forth in the Agreement; and
WHEREAS, the Parties now desire to amend the Agreement to reduce the purchase price to zero. and other clarifying matters.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cudahy as follows:

Section 1. The City Council approves the First Amendment to the Purchase and Sale Agreement together with non-substantive changes and amendments as may be approved by both the City Manager and City Attorney.

Section 2. The City Council hereby authorizes and directs the City Manager to take any action and execute any documents necessary to implement the First Amendment to the Purchase and Sale Agreement.

Section 3. CEQA. The city has previously found the Project’s environmental impacts have already been analyzed in the Addendum to the City of Cudahy’s General Plan Final EIR (GPFEIR), and the City has already approved the Addendum. The requested amendment to the Purchase and Sale Agreement relates only to a change in purchase price, and it will not result in any impact on the environment and therefore, no additional CEQA review is required.

Section 4. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force immediately upon its adoption.

APPROVED AND ADOPTED this 15th day of November, 2022.

Mayor, City of Cudahy
ATTEST:
___________________________
City Clerk
Attachment B Page 77 of 245
45635.09000\26188518.1 2

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. 22-65 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 15th day of November 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the Seal of the City of Cudahy, this
15th day of November 2022.
_______________________________________
Richard Iglesias
City Clerk

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STAFF REPORT
Date: November 15, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
Juan Arauz, AICP, Community Development Director
Subject: Resolution of public interest and convenience, declaring the city’s intent to sell real property at 8420 Atlantic Avenue (APNs 6224-034-014, 6224-034-032, 6224- 034-040, and 6224-034-041) for the construction of a mixed-use development; declare the property exempt surplus land and find this action is exempt from environmental review pursuant to California Environmental Quality Act State Guidelines Section 15332

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

1. Adopt the Resolution of Public Interest and Convenience No. 22-66, declaring the City’s intent to sell the real property located at 8420 Atlantic Avenue, Cudahy, California with the following Los Angeles County Assessor Parcel Numbers: 6224-034-014, 6224-034- 032, 6224-034-040, and 6224-034-041, in order to allow for the construction of a mixeduse development (“Project”), declaring the property exempt surplus land, and finding the action exempt from environmental review pursuant to California Environmental Quality Act State Guidelines Section 15332. .

BACKGROUND/PROJECT DESCRIPTION
City has been in negotiations with Prima Development, a California nonprofit public benefit corporation (the “Developer”) regarding the sale and purchase of that certain property commonly known as 8420 Atlantic Avenue, Cudahy, California with the following Los Angeles County Assessor Parcel Numbers: 6224-034-014, 6224-034-032, 6224-034-040, and 6224-034- 041 (the “Property”). The Property will be sold by the City by entering into a PSA with the Developer whereby Developer will develop the property into a mixed-use development project after purchase.

Item Number
16B

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The Project includes the construction of a new mixed-use development located on a 91,250 square foot (2.1 acre) lot. The zoning of the Property is Entertainment (E).

The City declares its intent to convey the Property pursuant to the terms of the PSA (subject to a finding by the Planning Commission that the sale is in conformance with the City’s General Plan), fixes a time for the hearing of any protests to the disposition, provides for publication of the notice of said hearing, and fixes the time for final action on the disposition of the Property and approval of the PSA.

Surplus Land Act
California Government Code Section 54220 et seq. (the “Surplus Land Act”) was amended in 2019 by Assembly Bill 1486 (“AB 1486”) and requires, among other things, that prior to the disposal of any surplus land, unless an exemption applies, a local agency must provide notice to, among others, affordable housing developers, and thereafter negotiate in good faith for ninety (90) days with any parties who submit a notice of interest. However, the Property is exempt from the Surplus Land Act, as amended by AB 1486, because, pursuant to section 54234(b)(1), property held by the Community Redevelopment Property Trust Fund or designated in a long-range property management plan for future disposition that was subject to a legally binding agreement prior to December 31, 2020 is subject to the provisions of the Surplus Land Act as it existed prior to AB 1486. This property was held by the Community Redevelopment Property Trust Fund and the parties entered into an ENA for the disposal of the property prior to December 31, 2020. As such, the Surplus Land Act, as amended by AB 1486 does not apply to the property. The pre-AB 1486 version allowed for the sale of land without complying with the Surplus Land Act when the land was sold for economic development or housing purposes. As this property is being sold for economic development and housing purposes the Surplus Land Act is not applicable to this transaction.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq), and the City’s Local CEQA Guidelines. Specifically, the Project is categorically exempt, pursuant to Section 15332, In-fill Development Projects as the potential development project is 1) consistent with the applicable general plan designation and all applicable general plan policies as well as applicable zoning designation and regulations; 2) the proposed development occurs within city limits on a project site no more than five acres substantially surrounded by urban uses; 3) the project has no value as habitat for endangered, rare or threatened species; 4) approval of the project will not result in any significant effects related to traffic, noise, air quality, or water quality; and 5) the site can be adequately served by all required utilities and public services.

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STRATEGIC PLAN CORRELATION
The Project supports the following strategies identified in the City’s Strategic Plan as adopted by the City Council.

Goal F.

1. Develop the Cudahy brand.

2. Create a sense of place and establish the community’s identity.

3. Use the Cudahy brand to provide visual identity of the City, including signage.

4. Identify methods to connect with community members, including soliciting input on a regular basis.

5. Increase the City’s social media presence.

6. Explore opportunities for efficiency through insourcing and outsourcing.

7. Foster relationship building among residents.

FINANCIAL IMPACT
This item does not have any impacts to the City’s General Fund beyond standard staff time.

ATTACHMENTS
A. Resolution No. 22-66

55733.00004\34351764.1
RESOLUTION NO. 22-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUDAHY,

CALIFORNIA, FINDING THAT THE PUBLIC INTEREST AND

CONVENIENCE REQUIRE THE SALE OF CERTAIN REAL PROPERTY
(8420 ATLANTIC AVENUE) DECLARING ITS INTENT TO SELL SUCH

PROPERTY, FINDING SUCH PROPERTY TO BE EXEMPT FROM THE

SURPLUS LAND ACT, SETTING A HEARING DATE FOR

CONSIDERATION OF PROTESTS, AND FINDING THE SAME

CATEGORICALLY EXEMPT FROM CEQA REVIEW
WHEREAS, the City of Cudahy (“City”) currently owns in fee that certain real property generally located at 8420 Atlantic Avenue, in the City of Cudahy (APNs: 6224- 034-014, 6224-034-032, 6224-034-040, and 6224-034-041) and legally described in Exhibit “A” attached to this resolution and incorporated by reference herein (the “Property”); and
WHEREAS, the City desires to sell the Property by entering into a Purchase and Sale Agreement (“PSA”) with Prima Development, a California nonprofit public benefit corporation (“Purchaser”); and
WHEREAS, California Government Code Section 54220 et seq. (the “Surplus Land Act”) was amended in 2019 by Assembly Bill 1486 (“AB 1486”) and requires, among other things, that prior to the disposal of any surplus land, unless an exemption applies, a local agency must provide notice to, among others, affordable housing developers, and thereafter negotiate in good faith for ninety (90) days with any parties who submit a notice of interest; and
WHEREAS, the Property is exempt from the Surplus Land Act, as amended by AB 1486, because, pursuant to section 54234(b)(1) of the Surplus Land Act, it was subject to a legally binding agreement between the parties, effective as of a date prior to December 31, 2020; and
WHEREAS, California Government Code Sections 37420 through 37430 authorize the City to dispose of property; and
WHEREAS, California Government Code Section 37421 provides that when the legislative body of a city finds that the public interest and convenience require the sale of public buildings and sites, it must adopt a resolution so finding and giving notice of its intention to sell such property; and
WHEREAS, California Government Code Section 37422 provides that such resolution shall fix a time for hearing protests to the property conveyance, provide for publication of notice of the hearing, fix the time when the City will take final action regarding the property conveyance; and contain an accurate description of the property to be conveyed; and
Attachment A Page 82 of 245
55733.00004\34351764.1
Resolution No. 22-66

WHEREAS, in accordance with Government Code section 65402, the proposed disposition of the Property under the PSA must be and will be presented to the City's Planning Commission ("Planning Commission"), to find that the conveyance of the Property from City to Purchaser is in conformance with the City's general plan; and WHEREAS, in accordance with Government Code section 65402, the Planning Commission shall prepare a report finding that the disposition of real property conforms with the General Plan. Specifically, the Planning Commission shall find that the location, purpose and extent of the City’s disposition of real property conforms with the General Plan. The Planning Commission shall render its report as to the conformity with the General Plan within forty (40) days after the matter is submitted to it.

WHEREAS, The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq), and the City’s Local CEQA Guidelines. Specifically, the Project is categorically exempt, pursuant to Section 15332, In-fill Development Projects as the potential development project is 1) consistent with the applicable general plan designation and all applicable general plan policies as well as applicable zoning designation and regulations; 2) the proposed development occurs within city limits on a project site no more than five acres substantially surrounded by urban uses; 3) the project has no value as habitat for endangered, rare or threatened species; 4) approval of the project will not result in any significant effects related to traffic, noise, air quality, or water quality; and 5) the site can be adequately served by all required utilities and public services.

WHEREAS, the City wishes to declare its intent to dispose of and convey the Property pursuant to the terms of the PSA, declare and find that the Property is exempt from the Surplus Land Act, fix a time for the hearing of any protests to the disposition, provide for publication of the notice of said hearing, and fix the time for final action on the disposition of the Property and approval of the DDA.

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

SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.

Section 2. CEQA Compliance. The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq), and the City’s Local CEQA Guidelines.

Specifically, the Project is categorically exempt, pursuant to Section 15332, In-fill Development Projects
SECTION 4. Surplus Land Act Findings. The City Council of the City hereby finds and determines that the Property is exempt from the Surplus Land Act, because the

55733.00004\34351764.1
Resolution No. 22-66

Property is the subject of a legally binding agreement, entered into by the parties prior to Decmeber 31, 2020, and therefore, pursuant to Government Code section 54234(b)(1), is not subject to the Surplus Land Act, as amended by AB 1486.

SECTION 5. Public Convenience and Necessity Findings. The City Council of the City hereby finds and determines that public convenience and necessity require the sale of the Property. The factors demonstrating that the public convenience and necessity require the sale of the Property include, but are not limited to the following: (i) strengthening the City’s land use and social structure and (ii) alleviating economic and physical blight on the Property.

SECTION 6. Declaration of Intent to Sell; Fixing of Hearing. The City Council of the City hereby declares its intent to sell the Property pursuant to the PSA and fixes December 6, 2022, at 6:30 P.M. or as soon thereafter that the matter can be heard at the City of Cudahy, City Council Chambers, located at 5240 Santa Ana Street, Cudahy, CA 90201, as the date, time and location for hearing any protests to the proposed sale of the Property, approval of the PSA, and as the final action date.

SECTION 7. Publication and Posting. In compliance with California Government Code Section 37423, the City Council of the City hereby directs City staff to publish this resolution at least once in a daily newspaper prior to December 6, 2022, and to post this Resolution for not less than ten (10) days in at least three (3) conspicuous places upon the Property prior to December 6, 2022.

SECTION 8. Notice of Exemption. The City Council hereby directs staff to prepare, execute and file with the Los Angeles County Clerk a Notice of Exemption within five working days of the approval of the PSA.

SECTION 9. Custodian of Documents. The custodian of documents constituting the record of proceedings for this matter is the City Clerk’s Office. The documents constituting the record of proceedings for this matter are located at City Hall at 5220 Santa Ana Street, Cudahy, CA 90201.

SECTION 10. Severability. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable.

SECTION 11. Effective Date. This Resolution shall become effective immediately upon its adoption.

The City Clerk of the City of Cudahy shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 15th day of November, 2022.

55733.00004\34351764.1
Resolution No. 22-66

_____________________________________
Elizabeth Alcantar
Mayor
ATTEST:
________________________________
Richard Iglesias
Assistant City Clerk

55733.00004\34351764.1
Resolution No. 22-66

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. 22-66 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 15th day of November 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set
my hand and affixed the Seal of the City of
Cudahy, this 15th day of November 2022.
_______________________________________
Richard Iglesias
City Clerk

55733.00004\34351764.1
Resolution No. 22-66

EXHIBIT “A”
TO
RESOLUTION NO. 22-66

LEGAL DESCRIPTION OF PROPERTY
All that certain real property situated in the County of Los Angeles, State of California, described as follows: PARCEL 1: APN: 6224-034-901 AND 902
LOT 246 OF TRACT NO. 180, IN THE CITY OF CUDAHY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE 198, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING FROM SAID LOT 246 THE NORTHERLY 150 FEET
THEREOF. APN: 6224-034-902
THE NORTHERLY 150.00 FEET OF LOT 246 OF TRACT NO. 180, IN THE CITY OF CUDAHY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE 198, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 2: APN: 6224-034-903
ALL THAT PORTION OF LOT 244 OF TRACT NO. 180, IN THE CITY OF CUDAHY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE 198, OF MAPS,

IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:

BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 245; THENCE EASTERLY, ALONG THE SOUTHERLY LINE OF SAID LOT 245 AND SOUTHERLY LINE EXTENDED EASTERLY, SAID SOUTHERLY LINE BEING PARALLEL WITH THE NORTHERLY LINES OF LOTS 243, 244 AND 245 OF SAID TRACT, TO THE EASTERLY LINE OF SAID LOT 243 AND END OF SAID DESCRIBED LINE, SHOWN AS PARCEL 2 OF A CERTIFICATE OF COMPLIANCE NO. 8157, FOR LOT LINE ADJUSTMENT, RECORDED OCTOBER 21, 2009, AS INSTRUMENT NO. 20091594934, OF OFFICIAL RECORDS.

PARCEL 3: APN: 6224-034-900
ALL THAT PORTION OF LOT 243 OF TRACT NO. 180, IN THE CITY OF CUDAHY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE 198, OF MAPS,

IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:

BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 245; THENCE EASTERLY, ALONG THE SOUTHERLY LINE OF SAID LOT 245 AND SOUTHERLY LINE EXTENDED EASTERLY, SAID SOUTHERLY LINE BEING PARALLEL WITH THE NORTHERLY LINES OF LOTS 243, 244 AND 245 OF SAID TRACT, TO THE EASTERLY LINE OF SAID LOT 243 AND END OF SAID DESCRIBED LINE, SHOWN AS PARCEL 3 OF A CERTIFICATE OF COMPLIANCE NO. 8157, FOR LOT LINE ADJUSTMENT, RECORDED OCTOBER 21, 2009, AS INSTRUMENT NO. 20091594934, OF OFFICIAL RECORDS.

Commonly known as: 8420 Atlantic Avenue, Cudahy, CA 90201

Blank Page

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STAFF REPORT
Date: November 15, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Alfonso Noyola, City Manager/Executive Director By: Andres Rangel, Management Analyst
Subject: Approval of Professional Services Agreement for A/V System Design and Installation Services for the Cudahy Regional Training

RECOMMENDATION
City Council is requested to award a Professional Services Agreement (PSA) to Studio Spectrum, Inc. for A/V system design installation services for the City’s Regional Emergency Response Training Center in the amount not-to-exceed $183,556.33.

BACKGROUND

1. In September 2019, the City applied for State Homeland Security Program to develop an Emergency Preparedness Regional Training Center at Lugo Park, 7810 Otis Street.

2. On October 23, 2020, the City was notified by the California Govenor’s Office of Emergency Services (CalOES) that it received $190,000 from the Homeland Security Grant Program to develop a Regional Emergency Response Training Center.

3. On April 19, 2022, the City Council approved the sub-recipient agreement between the County of Los Angeles and the City to receive the grant award.

4. On September 1, 2022, the City’s RFP deadline submission window closed, and Studio Spectrum was the winning bidder.

ANALYSIS
The City received $190,000 from the CalOES’s State Homeland Security Program to upgrade Lugo Park to be a fully operable regional emergency preparedness training facility. The regional emergency preparedness training facility would allow quarterly emergency preparedness Item Number
16C

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trainings from organizations such as CERT, the LA County Fire Department, or other emergency preparedness organizations.

To ensure that Lugo Park has the capacity to host these trainings, the grant enhances the audiovisual capabilities in all Lugo Teen Center rooms.

These upgrades include the following:
• Flatscreen monitors
• Patchboards to allow connections to monitor
• Routers
• Teleconference phone systems
• Laptops to operate room communications
• Sound bars
• Whiteboards
• Workstations
• Projection Screen
The City issued an RFP to solicit proposals to design, procure, and install A/V equipment for the building as well as directly contacted various vendors with extensive experience providing these services. Three prospective bidders attended the pre-bid meeting, of which Studio Spectrum was the sole vendor to submit a timely bid.

The bid summary is below:

Firm Name Proposal Cost
Studio Spectrum, Inc. $183,556.33
Studio Spectrum is an A/V design and installation firm with over 45 years of experience working with municipal governments, providing professional audio and video production, engineering, design and integration services across Southern California. Nearby cities include the Cities of Downey, South Gate, Alhambra, and South Pasadena.

The project would give Lugo Park the capacity to allow for multimedia presentations, remote conferencing, and simple voice amplification via wireless microphones. The upgrades would allow view and audio presentations to be viewed and heard in any of the three rooms in the building.

CONCLUSION
The City recommends awarding a Professional Services Agreement (PSA) to Studio Spectrum, Inc. for A/V system design installation services for the City’s Regional Emergency Response

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Training Center in the amount not-to-exceed $183,556.33.

FINANCIAL IMPACT
There is no impact to the general fund. The project total $183,556.33 total cost is fully funded by the State Homeland Security Grant Program.

STRATEGIC PLAN CORRELATION
Goal A (Community Services, Programs and Activities for All Ages) Objective:

5. Pursue funding opportunities to assist Cudahy residents.

Goal E (City Infrastructure and Service Delivery)
Objective:

2. Implement the City’s facility maintenance plan to ensure facilities and infrastructure are adequate and available in order to provide the desired services..

ATTACHMENTS
A. Cudahy Regional Preparedness Training Center RFP.

B. Studio Spectrum Cost Proposal
C. Pre-Bid Meeting Sign-In Sheet
D. Draft Professional Services Agreement between the City of Cudahy and Studio Spectrum, Inc.

1 REQUEST FOR PROPOSALS
Regional Preparedness and Response Training
Center
August 4, 2022
SUBMISSION DEADLINE FOR WRITTEN PROPOSALS:

September 1, 2022
Attachment A Page 92 of 245
2 CITY OF CUDAHY

REQUEST FOR PROPOSAL FOR

REGIONAL PREPAREDNESS AND RESPONSE TRAINING CENTER
I. BACKGROUND
A. City of Cudahy
The City of Cudahy is located in Southeast Los Angeles County, next to the Los Angeles River. The City was incorporated on November 10, 1960, and named after its founder, meat-packing baron Michael Cudahy.

In 1908, Mr. Cudahy purchased the land known as Rancho San Antonio for development purposes. The City is 1.1 square miles with a current population of 25,870. The City is a general law city and operates under the council-manager form of government.

B. Homeland Security Grant Program
The Homeland Security Grant Program (HSGP) was established in the United States in 2003. The HSGP was designated to provide funding for projects to local, State, and Federal government agencies to address Homeland Security. The purpose of the grant is to enhance preparedness, improve response planning, mitigate liabilities, and enhance intelligence collection.

One critical mission of the Department of Homeland Security isto enhance the country's ability to prepare for, prevent, respond to, and recover from potential attacks and other hazards. Homeland Grants are the primary mechanism in funding programs to achieve national preparedness goals. These goals, which includes the establishment of plans, procedures, policies, training, and equipment at the Federal, State, and local level needed to maximize our ability to prevent, respond to and recover from significant events such as natural or man-made disasters, terrorist attacks, or other emergencies.

The Homeland Grants fund eight Different types of preparedness grants. In our region, the following grants are available: Urban Areas Security Initiative (UASI), State Homeland Security Program (SHSGP), Emergency Management Performance Grants (EMPG), Metropolitan Medical Response System Program, and Citizen Corps Program. During the 2021 fiscal year, the Department of Homeland Security will spend $1.87 billion on the Homeland Security Grant Program.

II. INTRODUCTION
A. General Information
The City of Cudahy ("City") is seeking proposals from qualified firms to assist the City to complete a Homeland Security Grant Project. The City has secured funding to design, develop, and program a regional training site to serve Cudahy and the surrounding communities. In addition, the Lugo Park Community Center will be upgraded to create a training epicenter. This document will define: 1) the suggested scope of work, 2) specify the required format for a proposal, identify the process for proposal submission,

3 provide detailed guidance for the information included in the Proposal, describe the evaluation criteria for proposals, as well as outline the selection process and timeline for this Request for Proposal ("RFP").

There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing or submitting proposals to this RFP. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.) once a contractor selection is made and the Contract is awarded.

To be considered, a respondent must submit three (3) copies of their Proposal. The submission of each proposal must be completed in two parts. Part One will be the proposed plan, narrative, and requested information without the cost estimate. Part One will be submitted in a sealed envelope labeled "Proposal." Part Two will include only the cost estimate. Part Two will be submitted in a sealed envelope labeled "Cost Estimate." Thus, the respondents will submit three (3) complete sets of proposals. The proposals must be received by the Office of the City Clerk, City of Cudahy, 5220 Santa Ana Street. Cudahy, CA 90201 by 3:00 p.m. on September 1, 2022. The City reserves the right to reject any or all proposals submitted.

During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarification from Proposers or to allow corrections of errors or omissions. In addition, at the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.

The City reserves the right to retain all submitted proposals and use any idea(s) in a bid regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the request for proposals unless clearly and expressly noted in the proposal submitted and confirmed in the Contract between the City and the firm selected.

It is anticipated that City staff will complete its review of proposals and announce a recommendation to the City Council by or before September 22, 2022. Thereafter, it is anticipated that the City Council will consider the award of a contract and approve the execution of the same by or before October 4, 2022.

However, the City reserves the right to reject any or all proposals, waive any non-material irregularities or information in any proposal, and accept or reject any items or combination of items.

B. Duration of the Engagement
The Project Timeline will require three months to design the system, acquire materials and equipment, complete the installation, test and troubleshoot the plans, and provide user training. Therefore, the engagement is proposed to have a minimum duration of approximately three months. In the City's sole and absolute discretion, there is also the prospect of the successful proposer being engaged for one additional subject to the same terms and conditions as agreed upon under the Contract awarded to the successful proposer.

4 III. NATURE OF THE SERVICES REQUIRED
The City's Administrative Services Department seeks qualified bidders and practitioners to purchase conference equipment and fixtures, to design an AV system, install and test audio/visual/teleconferencing equipment in three rooms, and acquire the conference room furniture for the three rooms within the Lugo Community Center.

The required services are more particularly described in the "Scope of Work," attached as Attachment A.

Prospective bidders are encouraged to make recommendations based on identified needs to ensure successful completion of this project.

IV. TIME REQUIREMENTS
The following is a list of critical dates relating to this Request for Proposals:

V. PROPOSAL FORMAT AND CONTENT
A. General Requirements
All inquiries concerning the Request for Proposals and the subject of the Request for Proposals must be directed to Andres Rangel at (323) 773-5143, ext. 238 or via email at [email protected].

RFP ISSUED August 4, 2022

DEADLINE TO SUBMIT QUESTIONS

MANDATORY PRE-BID MEETING

PROPOSAL DUE DATE
August 15, 2022
August 18, 2022
September 1, 2022
at 3:00 PM
PROPOSALS ARE EVALUATED September 6, 2022 – September
8, 2022

NOTIFICATION OF TOP RANKED CONSULTANTS FOR

ORAL INTERVIEW
(If applicable)
September 8, 2022

EVALUATION COMMITTEE INTERVIEWS OF TOP RANKED

CONSULTANTS
(If applicable)
September 12 - September 14,
2022
NOTIFICATION TO PREFERRED CONSULTANT September 15, 2022

5 CONTACT WITH PERSONNEL OF THE CITY OTHER THAN THE ABOVE REGARDING THIS REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS.

Submission of Proposal. Three (3) copies of the Proposal shall be received by the City of Cudahy by 3:00 p.m. on September 1, 2022, for a proposal to be considered. Each Proposal will be separated into two parts. Part One will be the proposed plan, narrative, and requested information without the cost estimate. Part One will be submitted in a sealed envelope labeled "Proposal." Part Two will include only the cost estimate. Part Two will be submitted in a sealed envelope labeled "Cost Estimate." PROPOSALS WILL NOT BE ACCEPTED AFTER THAT. All proposals received after said date and time will be returned unopened to the submitter. FAXED OR EMAIL PROPOSALS WILL NOT BE CONSIDERED.

POSTMARKS WILL NOT BE ACCEPTED. Please note that your response becomes property of the City of Cudahy and a matter of public record. No verbal extension of any deadline shall be binding or valid upon the City. All deadline extensions authorized by the City shall be made in the form of a written addendum signed by the Management Analyst and applicable to all proposers.

The Proposal should be addressed as follows:

Richard Iglesias
City Clerk’s Office
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
B. Proposal Content
These instructions outline the requirements for the content of the Proposal. This RFP intends to encourage responses that clearly demonstrate that the Proposer understands the City's goals and possesses the necessary qualifications and experience.

1. Bidder Qualifications and Experience
To qualify, the firm must have extensive experience working with local governments and specific experience with ordering, assembling, and installing equipment and furniture. a. Responder must have a minimum of 10 years worth of experience contracting with State, County, or Municipal Governments.
b. Responders must have a minimum of 8 years of experience designing and installing State of the art Audio/Visual and Conferencing Systems for city councils, training facilities, or briefing rooms.
c. Responders must have completed 50 similar projects (including design, installation, troubleshooting, and training) in the last five years.

The Proposer must provide a list of any current municipal clients and a list of any engagements with other governmental entities to offer similar or related services to those requested in this RFP.

2. References

6 Proposer shall provide a minimum of 5 references and include any California governmental clients or public agencies for which similar services were performed. For each reference, the information shall include the client's name with current address, telephone number, email address, and contact person of each client who would be most familiar with the services provided. The City reserves the right to contact any of the listed references at any time and make any other reasonable investigation into the Consultant's background and experience.

C. Cost Proposal
The cost proposal will be submitted in a separate, sealed envelope from the project proposal. The cost proposal should contain all pricing information related to performing the various services and tasks contemplated under this RFP, including a breakdown of the costs for any reimbursable expenses such as travel costs, mailing costs, fax, electronic research, and any other direct or indirect costs associated with performing the required services.

The compensation proposal should include a total all-inclusive maximum bid price (hereinafter, "Not-toExceed-Sum) which accounts for all anticipated costs, both direct and indirect.

The cost proposal should also include a schedule of all hourly compensation rates for all personnel assigned to perform work under this agreement with the City, broken down by title/job classification. The cost proposal will be valid for 90 days.

D. Manner of Payment
Progress payments will be made based on hours of work completed during the engagement and out-ofpocket expenses incurred in accordance with the firm's Proposal. Interim billings shall cover not less than a calendar month.

E. Contract Provisions
A copy of the City's Professional Services Agreement is attached as Attachment B. Any exceptions to the terms in Attachment B shall be outlined in the Proposal, or the proposing firm shall be deemed to have accepted those terms. In addition, the usual Engagement Letter may be attached as an exhibit to the Contract along with the Scope of Work.

VI. PROTEST PERIOD
Any proposer who objects to a proposal submitted by another proposer or to City staff's recommendation of another proposal shall file a written protest by 4:00 p.m. within three (3) City business days after the date City staff announces its recommendation to the City Council ("Protest Deadline"). Protests MUST be delivered to the attention of Richard Iglesias, City Clerk City of Cudahy – 5220 Santa Ana Street Cudahy, CA 90201.

Protests MUST be delivered in person, via regular mail, via overnight courier, or personal courier, but must be received by the Office of the City Clerk by or before the Protest Deadline. Protests may not be delivered

7 via facsimile or electronic mail. The City will not consider late protests, nor will it consider protests delivered to any other person, department division other than the Office of the City Clerk. A copy of the protest and all supporting documents must also be transmitted to the firm recommended by City staff and any other firm against whom the protesting firm wishes to lodge a protest. Only persons or entities who have submitted a proposal in response to this RFP shall be eligible to file a protest. The copies of the protest and supporting material served upon the firm recommended for approval by City staff, and any other firm against whom the protesting firm wishes to lodge a protest may be served via regular mail, overnight courier, or fax prior to the Protest Deadline along with a proof a service.

The protest must contain a complete and reasonably detailed statement of the basis for the protest and include all supporting documentation. The protest must refer to the specific portion or portions of a submitted proposal upon which the protest is based. The protest must include the name, address, and telephone number of the person representing the protesting proposer if different from the protesting proposer.

The City shall consider all timely received protests. The City may make additional inquiries relating to the grounds of any written protest and may overrule or sustain any written protest as submitted prior to the City Council taking action to award a contract. The disposition of the protest by the City shall be final.

The procedure and time limits set forth in this section are mandatory and are the proposer's sole and exclusive remedy in the event of a protest. The proposer's failure to comply with these procedures shall constitute a waiver of any right to further pursue a protest. The cost of preparing and submitting a protest and serving a copy of the protest upon the proposer(s) against whom the protest is submitted shall be borne entirely by the protester.

VII. EVALUATION AND SELECTION PROCESS
A. Review of Proposals
City Staff will evaluate submitted proposals using its internal administrative review process and notify proposers once a decision has been made.

B. Evaluation Criteria
Any contract and assignments resulting from this RFP are made as-needed in response to a specific matter or matters. The Proposer rated to be the most responsive and responsible to all specified requirements in a quality and cost-effective manner may be awarded a contract. The following represent the principal selection criteria, which will be considered during the evaluation process. 1) Bid Response
• Adherence to RFP Instructions
• Did the Bidder submit the RFP response in two separate, sealed envelopes? • Was requested company information provided
• Is the vendor registered with SAM

8 2) Demonstrated Comprehension of the Project Objectives and Requirements • Did the narrative demonstrate a good understanding of the project objectives and requirements?
• Did the narrative demonstrate the vendor's approach to complete the project? • Did the vendor provide a timeline for the completion of the project and identify the project milestones for the City?
• Can the vendor meet the City completion date?
• Did the vendor define how the system training will be documented and presented to city staff?
3) Project Experience
• Did the vendor demonstrate they have a minimum of 10 years' worth of experience contracting with State, County, or Municipal Governments? • Did the vendor demonstrate they have a minimum of 8 years of experience designing and installing State of the art Audio/Visual and Conferencing Systems for city councils, training facilities, or briefing rooms?
• Did the vendor demonstrate they have successfully completed 50 similar projects (including design, installation, troubleshooting, and training) in the last five years? 4) Operational Competency
• Did the vendor provide a plan explaining which staff members will work on the project and define their assignments and technical expertise?
• Did the vendor demonstrate they have the appropriate number of staff dedicated to completing this project's various assignments?
5) Project Cost Proposal
• Did the vendor clearly state the project costs as requested? • Did the vendor provide a cost breakdown of the furniture, AV and teleconference equipment, installation, fees, delivery, and taxes?
6) Professional References
• Did the vendor provide the required references with contact information? As part of the evaluation process, the City may conduct interviews with those Proposers whose proposals most closely match the requirements of the RFP. Upon completing the evaluation process, the most qualified Proposer will be contacted to finalize the Scope of Services. A draft of the City's Professional Services Agreement is attached as Attachment B. The approved Contract will be subject to Council approval.

The City of Cudahy reserves the right to reject any proposals should it be deemed in its best interest.

VIII. GENERAL TERMS AND CONDITIONS
A. Proposal Validity
The Proposer's pricing shall be valid for a minimum of 90 days.

9 B. Proposal Acceptance
The City reserves the right to accept all or a portion of the Proposer's Proposal. The City reserves the right to offer the award to the overall best Proposer or split the award amongst multiple Proposers.

C. Withdrawal of Proposal before Closing
Any Proposer may request the withdrawal of their submitted Proposal, either in person, by telephone, or written request, at any time prior to the scheduled closing date and time. Upon receiving the written request to withdraw any proposal, City of Cudahy will consider the Proposer's Proposal null and void.

Withdrawal of Proposer's Proposal will not prejudice Proposer's re-submittal for this or any future proposal(s).

D. Interpretation of Documents
During the proposal solicitation period should a Proposer find discrepancies or omissions in the specifications of the RFP or should the Proposer be in doubt as to their interpretation, the Proposer shall immediately notify the Management Analyst. Should it be found necessary, an addendum will be sent to all Proposers. Any addenda shall form a part of this solicitation and shall become a part of the submitted Proposal.

E. Liens
The Proposer shall pay all sums of money that become due from any labor, services, materials or equipment furnished to Proposer on account of said product/services to be furnished as a result of the RFP and that may be secured by any lien against the City. The Proposer shall fully discharge such lien no later than the time of performance of the obligation.

F. Federal, State and Local Laws
The Proposer and all sub-contractors shall comply with all applicable federal, State and local laws, rules, and regulations.

10 Attachment A
Scope of Services
The project will add audio/visual/teleconferencing equipment to three rooms in the Lugo Community Center.

A) The Small Breakout Room
1) The operational requirement for
this room:
o The video and audio signal
from the main screen in the
Main Room can be shown
on the Monitor in this room.
o The video and audio signal
from the local cable
provider can be shown on
the Monitor in this room.
o We want to connect
laptops, tablets, or phones
to this Monitor to share
presentations or media files
(audio and video) via a
patch board.
o Video conferencing
capabilities should use
created.
o Add Telephone/Audio
conferencing capabilities to
this room.
o Telephone/Audio conference calls held in the Main Room can be monitored in this room.
o A sound bar should be part of the package
o Improve and expand broadband access capability within this room. 2) The project will include the installation of the following items for this room:
o Two Whiteboards,
o One Flatscreen 75’ to 65” Monitor
o One Articulated Wall Mount for the Monitor
o One Patch Board to connect laptops, tablets, and phones to the Monitor. o One controller to select the media shown on the Monitor o One Logitech Meetup HD Conference system (Conference Cam and Speakerphone, mic, wireless keyboard, and mouse)
o One Wall Mount Sound Bar
o One Conference Table
o One Teleconference Phone System (speaker and microphone) o Eight Conference Room Chairs
o Wall Sign with Instructions for the Room AV system

11 o Teleconferencing software, Microsoft Office Suite, and other software licenses 3) The project will not include the following items for this room:
o Paint
o Carpet
o Photocopier/fax machine
o Conference Table
o Phone lines and phones
o Dedicated laptop
o Broadband signal amplifier
o Bulletin Board
4) The installation will be simple. All equipment will be wall-mounted, including control equipment, Monitor, and white boards. Keep cable runs to a minimum by using Bluetooth technology where possible. When cabling is required, use a surface-mounted AV conduit system. When power cables are required, use existing electrical utility outlets with power management systems (wall-mounted units) for power distribution.

There are no changes to the lighting system.

B) The Training Room # 2
1) The operational requirement for this room:
o The main screen will be a ceiling mounter laser projector with a wall-mounted screen o The video and audio signal from the main screen in the Main Room can be shown on the Monitor in this room.
o The video and audio signal from the local cable provider can be shown on the Monitor in this room.
o We want to connect laptops, tablets, or phones to this Monitor to share presentations or media files (audio and video) via a patch board.
o Each of the two monitors on the side walls should have an individual patch board to provide the ability to connect directly to a laptop, tablet, or phone to share presentations or media files (audio and video).
o Each of the two monitors on the side walls should be able to connect to an individual, dedicated sound bar.
o A wall mounter public address system should include two wireless lapel microphones and one handheld wireless microphone. The PA system should be able to play the audio from the main screen and the plug-in devices (laptops, tablets, or phones). o Improve and expand broadband access capability within this room. The room should allow internet access for 50 to 60 devices/users.
o Add Telephone/Audio conferencing capabilities to this room. 2) The project will include the installation of the following items for this room:
o Four whiteboards
o One free-standing electronic device charging stations o One laser projector, ceiling mounted
o One ceiling mount
o One projection screen, wall mounted
o Main Screen - One Patch Board allows laptops, tablets, and phones to connect to the projector.
o Two large 75” to 65” monitors, wall-mounted

12 o Two articulated wall mounts for the Monitors
o Two Sound Bars, one for each wall-mounted Monitor.
o Side Monitors - One Patch Board for each Monitor allows laptops, tablets, and phones to connect to the projector.
o One storage cabinet
o One Laptop
o One Teleconference Phone System (speaker and microphone) o Wall Sign with Instructions for the Room AV system
o Teleconferencing software, Microsoft Office Suite, and other software licenses 3) The project will not include the following items for this room:
o Paint
o Carpet
o Conference Tables or Chairs
o Phone lines and phones
o Dedicated laptop
o Broadband signal amplifier
o Bulletin Board
5) The installation will be simple. All equipment will be wall-mounted, including control equipment, Monitor, and white boards. Keep cable runs to a minimum by using Bluetooth technology where possible. When cabling is required, use a surface-mounted AV conduit system. When power cables are required, use existing electrical utility outlets with power management systems (wall-mounted units) for power distribution.

There are no changes to the lighting system.

C) The Lobby
1) The operational requirement for this room:
o The video and audio signal from the main screen in the Main Room can be shown on the Monitor in this room.
o We want to connect laptops, tablets, or phones to this Monitor to share presentations or media files (audio and video) via a patch board.
2) The project will include the installation of the following items for this room:
o One Flatscreen 75’ to 65” Monitor
o One Articulated Wall Mount for the Monitor
o One Patch Board to connect laptops, tablets, and phones to the Monitor. o One controller to select the media shown on the Monitor o One Wall Mount Sound Bar
3) The installation will be simple. All equipment will be wall-mounted, including control equipment, Monitor, and white boards. Keep cable runs to a minimum by using Bluetooth technology where possible. When cabling is required, use a surface-mounted AV conduit system. When power cables are required, use existing electrical utility outlets with power management systems (wall-mounted units) for power distribution.

There are no changes to the lighting system.

13 D) Main Training Room
1) The operational requirement for
this room:
o The room will need to create
an AV control area to help
manage the system
o The main screen will be a
laser projector with a wallmounted screen
o The video and audio signal
from the main screen in the
Main Room can be shown
on all Monitors in this room.
o The video and audio signal
from the local cable provider
can be displayed on all the
Monitors in this room.
o The AV System should have
a patch board to allow
connections to multiple
devices (laptops, tablets, or
phones) to share
presentations or media files (audio and video).
o Each of the three monitors on the side walls should be able to connect to an individual, dedicated sound bar.
o The system should include a wall-mounted public address system with two wireless lapel microphones and two handheld wireless microphones. The system should be able to play the audio from the main screen, cable provider, or plug-in devices (laptops, tablets, or phones). In addition, the PA should allow the microphones to be simultaneously used during the audio playback.
o Add video conferencing capabilities to this room.
o Add Telephone/Audio conferencing capabilities to this room.

14 o Improve and expand broadband access capability within this room. The room should be set up to allow access for 50 to 60 devices to the internet. 2) The project will include the installation of the following items for this room:
o Eight whiteboards
o Two free-standing electronic device charging stations o One laser projector, ceiling mounted
o One ceiling mount
o One projection screen, wall mounted
o Seven Large 75” to 65” Monitors, wall-mounted (four west wall, two north wall, and one south wall)
o Three Sound Bars, wall mounted under north and south monitors o Two Laptops for use with AV Station
o One Desktop Computer for the AV Control Station
o A Rack for the AV control equipment
o PA System, wall mounted
o One controller for managing media signal to the projector and seven wall mounter monitors
o One Teleconference Phone System (camera, speaker, and microphone) Logitech Rally Plus Conferencing Systems, Extra Mic Pod for more extensive group sessions, (3 pods in all), (4k PTZ Auto tracking camera, Speaker, Connection Hubs, Mic Pod:
(4 elements, beam forming, auto-tracking)
o One Teleconference Phone System (speaker and microphone) o Wall Sign with Instructions for the Room AV system
3) The project will not include the following items for this room:
o Paint
o Carpet
o Photocopier/fax machine
o Desk for the AV control station
o Conference Table and
o Phone lines and phones
o Broadband signal amplifier
o Bulletin Board
4) The installation will be simple. All equipment will be wall-mounted, including control equipment, Monitor, and white boards. Keep cable runs to a minimum by using Bluetooth technology where possible. When cabling is required, use a surface-mounted AV conduit system. When power cables are required, use existing electrical utility outlets with power management systems (wall-mounted units) for power distribution.

There are no changes to the lighting system.

Plans above are not drawn to scale and serve for illustrative purposes only. As-built Plans are available, by request, for prospective bidders by contacting Andres Rangel at 323-773-5143 x238.

15 Attachment B
Sample Agreement

16 DRAFT
2022

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Procurement and Installation Services for Regional Community Emergency Preparedness and Response Training Center)
(Parties: City of Cudahy and ________.)
THIS 2022 PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this __ day of _____ 2022 (hereinafter, the “Effective Date”), by and between the City of Cudahy, a municipal corporation (“CITY”) and _______. (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 specialized procurement and installation services for its Regional Community Emergency Preparedness and Response Training Center; 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

17 is attached and incorporated hereto as Exhibit “A.” CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, assemble, 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 of Services shall hereinafter be referred to generally by the capitalized term “Work.”

1.2TERM: This Agreement shall have a term of _____ 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.

1.3COMPENSATION:

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 __________ ($_____) (hereinafter, the “Not-to-Exceed Sum”) for the entire ____ 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.

1.4PAYMENT 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

18 from payments made to CONSULTANT.

1.5ACCOUNTING 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 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.

1.6ABANDONMENT 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 Interim City Manager (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 _____________ 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

19 Representatives at all reasonable times. All 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

20 deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of 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 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,

21 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 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.

22 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 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.

23 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.

24 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

25 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 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,

26 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 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.

27 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 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

28 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.

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

29 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 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.

CONSULTANT: CITY:

City of Cudahy
City Manager’s Office
5220 Santa Ana Street
Cudahy, CA 90201
Attn: Alfonso Noyola, City
Manager
Phone: 323-773-5143
Email:
[email protected]
____________

30 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.

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.

31 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 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]

32 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:

Alfonso Noyola, City Manager
Date:
______________________
By:

Name:

Title
Date:

APPROVED AS TO FORM:

By:

City Attorney
Date:

33 Exhibit A
Proposal

34 Exhibit B
Reimbursement Invoice

35 Exhibit C
Certificate of Insurance

1056 North Lake Street . Burbank, California 91502
818.843.1610 818.843.1145 Fax
Contractors License #996920
www.studiospectrum.com
Client: City of Cudahy Proposal # 1964b
City Clerk's Office PO#
5220 Santa Ana Street Date: 11/1/2022
Cudahy, CA 90201 Consultant: John Buckowski
Attn: Richard Iglesias
Tel: This quotation
e-mail: valid for 30 days
Itm Qty Description Unit Price Extension
1 Equipment
(A) The Small Breakout Room
2 1 LG 75" 4K UHD Commercial Display $2,831.70 $2,831.70 3 1 Chief XTM1U Tilting Wall Mount for XL Displays $390.00 $390.00 4 1 Extron IN1608 Xi Media Presentation Switcher with integrated amplifier and control system $5,598.00 $5,598.00 5 1 Extron MLC Plus 100 Medialink Wall Mount Keypad Control System $1,242.00 $1,242.00 6 1 Extron PoE Injector $315.00 $315.00
7 1 Extron 6" 2-Way Ceiling Speaker Pair $472.50 $472.50 8 1 Logitech Meetup HD Conferencing System with exp Mic $1,498.50 $1,498.50 9 1 Logitech Meetup XL TV Mount $210.00 $210.00
10 1 HDMI Input Wall Plate $57.00 $57.00
11 1 Barco Clickshare CS-10 Wireless Presentation System $2,017.50 $2,017.50 12 1 Polycom Soundstation 2 Expandable Conference Phone (Analog) $612.00 $612.00 13 1 Middle Atlantic Single Bay Credenda (for storage of this room's AV Equipment) Color TBD $1,485.00 $1,485.00 14 1 Rackmount Accessory Package
(including power distribution, shelving, drawers, blank plates, cable management lacing bars) $465.00 $465.00
15 1 AV Installation Cables, Mounting Accessories, Misc Parts & Fittings $500.00 $500.00 16 Hardware Subtotal $17,694.20
17 18
19 Equipment
(B) The Training Room #2
20 2 LG 75" 4K UHD Commercial Display $2,831.70 $5,663.40 21 2 Chief XTM1U Tilting Wall Mount for XL Displays $390.00 $780.00 22 2 YAMAHA SR-B20A Sound Bar $300.00 $600.00
23 2 HDMI Input Wall Plate $57.00 $114.00
24 1 Epson L630SU 6000 Lumen Laser Projector $4,095.00 $4,095.00 25 1 Ceiling Mount Kit for Epson Projector $465.00 $465.00 26 1 Da-Lite Cosmopolitan Electrol Projection Screen
137" diag. (72.5x116) - 16:10 Format - Matte White
$1,950.00 $1,950.00
27 1 Extron IN1608 Xi Media Presentation Switcher with integrated amplifier and control system $5,598.00 $5,598.00 28 1 Extron DTP Receiver for HDMI Extension $2,070.00 $2,070.00 29 1 Extron TLP Pro 725M Wall Mount Touchpanel $2,070.00 $2,070.00 30 1 Extron PoE Injector $315.00 $315.00
31 2 Extron 6" 2-Way Ceiling Speaker Pair $472.50 $945.00 32 1 Barco Clickshare CS-10 Wireless Presentation System $2,017.50 $2,017.50 33 1 Polycom Trio 8500 IP Conference Station $708.00 $708.00 34 1 Middle Atlantic Single Bay Credenda (for storage of this room's AV Equipment) Color TBD $1,485.00 $1,485.00 35 1 Rackmount Accessory Package
(including power distribution, shelving, drawers, blank plates, cable management lacing bars) $465.00 $465.00
36 1 Sennheiser Wireless Handheld Microphone $898.50 $898.50 37 2 Sennheiser Wireless Lavalier Microphone $898.50 $1,797.00 38 1 C2G Free Standing Charging Station Kiosk - 5 device capacity $675.00 $675.00 39 1 AV Installation Cables, Mounting Accessories, Misc Parts & Fittings $840.00 $840.00 40 Hardware Subtotal $33,551.40
41 Proposal (rev.2)
RFP Response:

Regional Preparedness and Response Training Center
This custom configuration and design is copyrighted by Studio Spectrum, Inc. and may not be copied or used without the express written permission of the designer.

Attachment B Page 127 of 245
42 43 Equipment
(C) The Lobby
44 1 LG 75" 4K UHD Commercial Display $2,831.70 $2,831.70 45 1 Chief XTM1U Tilting Wall Mount for XL Displays $390.00 $390.00 46 1 YAMAHA SR-B20A Sound Bar $300.00 $300.00
47 1 HDMI Input Wall Plate $57.00 $57.00
48 1 Extron DTP Receiver for HDMI Extension $2,070.00 $2,070.00 49 1 Extron MLC104IP Plus Keypad Controller $1,125.00 $1,125.00 50 1 AV Installation Cables, Mounting Accessories, Misc Parts & Fittings $200.00 $200.00 51 Hardware Subtotal $6,973.70
52 53
54 Equipment
(D) Main Training Room
55 7 LG 75" 4K UHD Commercial Display $2,831.70 $19,821.90 56 7 Chief XTM1U Tilting Wall Mount for XL Displays $390.00 $2,730.00 57 3 YAMAHA SR-B20A Sound Bar $300.00 $900.00
58 2 HDMI Input Wall Plate $57.00 $114.00
59 1 Epson L630SU 6000 Lumen Laser Projector $4,095.00 $4,095.00 60 1 Ceiling Mount Kit for Epson Projector $465.00 $465.00 61 1 Da-Lite Da-Snap Fixed Frame Projection Screen
137" diag. (72.5x116) - 16:10 Format - Matte White
$2,026.80 $2,026.80
62 1 Extron IN1608 Xi Media Presentation Switcher with integrated amplifier and control system $5,598.00 $5,598.00 63 1 Extron HDMI to Eight Output DTP Distribution Amplifier $3,321.00 $3,321.00 64 1 Extron DTP Receiver for HDMI Extension $2,070.00 $2,070.00 65 1 Extron TLP Pro 725M Wall Mount Touchpanel $2,070.00 $2,070.00 66 1 Extron PoE Injector $315.00 $315.00
67 3 Extron 6" 2-Way Ceiling Speaker Pair $472.50 $1,417.50 68 1 Barco Clickshare CS-10 Wireless Presentation System $2,017.50 $2,017.50 69 1 Polycom Trio 8500 IP Conference Station $708.00 $708.00 70 1 Middle Atlantic Single Bay Credenda (for storage of this room's AV Equipment) Color TBD $1,485.00 $1,485.00 71 1 Rackmount Accessory Package
(including power distribution, shelving, drawers, blank plates, cable management lacing bars) $465.00 $465.00
72 1 OTA Antenna Kit
(Including multi tap distribution, CATV Coax RG6 Cabling Spool for building wide distribution) $3,600.00 $3,600.00
73 1 Logitech Rally Plus Video Conferencing Kit $2,925.00 $2,925.00 74 3 Logitech Rally Additional Mic Pods with Mounts $585.00 $1,755.00 75 2 Sennheiser Wireless Handheld Microphone $898.50 $1,797.00 76 2 Sennheiser Wireless Lavalier Microphone $898.50 $1,797.00 77 2 C2G Free Standing Charging Station Kiosk - 5 device capacity $675.00 $1,350.00 78 1 AV Installation Cables, Mounting Accessories, Misc Parts & Fittings $1,350.00 $1,350.00 79 Hardware Subtotal $64,193.70
80 81
82 Installation Labor
83 16 Small Breakout Room - AV systems installation labor. 3 man crew for 16hrs @ $315/hour
$315.00 $5,040.00
84 32 Training Room #2 - AV systems installation labor. 3 man crew for 32hrs @ $315/hour
$315.00 $10,080.00
85 6 Lobby - AV systems installation labor.
3 man crew for 6hrs @ $315/hour
$315.00 $1,890.00
86 48 Main Training Room - AV systems installation labor. 3 man crew for 48hrs @ $315/hour
$315.00 $15,120.00
87 80 Extron Touchscreen & Keypad Control System Programming and Design Labor. 80hrs @ $180/hour
$180.00 $14,400.00
88 Labor Subtotal $46,530.00
89 90
91 92
93 Labor Subtotal $46,530.00
94 Equipment Subtotal $122,413.00
95 Freight $2,000.00
96 CA E-Waste Fee for Monitors $66.00
97 10.25% Sales Tax $12,547.33
98 TOTAL $183,556.33
This custom configuration and design is copyrighted by Studio Spectrum, Inc. and may not be copied or used without the express written permission of the designer.

Attachment C

PROFESSIONAL SERVICES AGREEMENT
(Engagement: A/V System Design and Installation Services) (Parties: City of Cudahy – Studio Spectrum, Inc.)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 15th day of November, 2022 (hereinafter, the “Effective Date”), by and between the CITY OF CUDAHY, a municipal corporation (“CITY”) and Studio Spectrum, Inc. (“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.

WHEREAS, CITY wishes to engage CONSULTANT to provide the following specialized services: A/V System Design and Installation Services; and WHEREAS, CITY’s in-house personnel is presently unable to perform the specialized services and tasks contemplated under this Agreement; and WHEREAS, CONSULTANT possesses the specialized training, skill, expertise and experience required to perform the services contemplated under this Agreement; and
WHEREAS, CONSULTANT agrees to perform the various services and tasks set forth under this Agreement subject to the terms and conditions set forth herein; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

I.

ENGAGEMENT TERMS

1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Services”). 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 of Services shall hereinafter be referred to generally by the capitalized term “Work.”
Attachment D Page 130 of 245

1.2 TERM: This Agreement shall be effective upon completion of the project, estimated to be May 31, 2022. 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.

1.3 COMPENSATION:

A. CONSULTANT shall perform the various services and tasks set forth in the Scope of Services in accordance with the compensation schedule (hereinafter, the “Approved Rate Schedule”) which is found in Exhibit A.

B. CONSULTANT agrees that CONSULTANT shall perform the Services during the course of the term set forth in Section 1.3(A), above, at rate of compensation that shall not exceed One Hundred Eighty Three Thousand Five Hundred and Fifty Six Dollars and Thirty Three Cents ($183,556.33.) (hereinafter, the “Contract Price”). The Parties agree that the Contract Price includes compensation for all labor, materials, tools, supplies, equipment, services, tasks, costs and incidental and customary work necessary to competently perform Services as well as compensation for all specifically delineated expenses set forth in the Scope of Work. In no event shall the total compensation and costs payable to CONSULTANT under this Agreement exceed the Contract Price unless the availability of funds for the added expenditure is first reviewed by the Finance Division of the City of Cudahy and unless such added expenditure is specifically approved in advance and in writing by the CITY.

C. Sections 1.3(A) and 1.3(B) notwithstanding, as needed, CONSULTANT shall be requested to submit a proposed budget for each project to be approved by the City Manager for project management and design services. In the event CONSULTANT’s charges are projected to exceed the proposed budget prior to the expiration of the Term or any single extension term, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the budget amount or any other CITY-approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION:

A. CITY shall compensate CONSULTANT on a monthly basis for all services rendered and tasks performed by CONSULTANT during the preceding month. At the end of each month during the term of this Agreement, CONSULTANT shall submit to CITY a monthly itemized statement(s) that lists and reasonably describes the specific services rendered and/or tasks performed and the number of personnel hours devoted to such effort; the date(s) upon which such services and/or tasks were performed; and the

name of the person(s) performing the service or task along with their applicable hourly billing rate.

B. Within fifteen (15) business 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 five (5) years after the expiration or termination of this Agreement.

CITY shall have the right to access and examine such records, without charge, during normal 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

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

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Ali Pakzad, Principal-in-Charge/Contract Manager (“Contractor”) 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.

2.3 COORDINATION 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 Representative at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representative or its designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT shall perform all Work skillfully, competently and to the generally accepted 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) calendars 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 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 generally accepted standards of CONSULTANT’s profession.

2.5 ASSIGNMENT: 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.

2.6 CONTROL 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.

2.7 REMOVAL 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 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.

2.8 COMPLIANCE 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.

2.9 NON-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.

2.11 DISADVANTAGED BUSINESS ENTERPRISE (DBE). 49 C.F.R. Part 26.

Disadvantaged Business Enterprises.

A. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. CITY elects not to place a DBE contract goal on this project as there are few or no opportunities for DBE subcontractors for project management and project design services. A separate contract goal has not been established for this procurement.

B. CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of this DOT-assisted contract. Failure by CONSULTANT to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as CITY deems appropriate. Each subcontract CONSULTANT signs with a subcontractor must include the assurance in this paragraph (see 49 C.F.R. 26.13(b)).

The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. A copy of all DBE Certifications are required, if applicable.

C. CONSULTANT is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after CONSULTANT’s receipt of payment for that work from CITY.

D. CONSULTANT must promptly notify CITY whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work.

CONSULTANT may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of CITY.

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 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 claim.

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 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 WORK OF CONTRACTOR’S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance of the Work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation arising out of the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in section 2778 of the California Civil Code.

CONSULTANT’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’s indemnification obligation shall be reduced in proportion to the established comparative liability.

4.3 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless 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 to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors,

subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnify, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the CITY Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.

4.4 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.

4.5 CITY shall have the right to offset against the amount of any compensation due 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.

4.6 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.

4.7 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.

4.8 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.

4.9 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 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 6.5 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 three (3) 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 3-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 3-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 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 5.2B.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 (vii) 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 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.

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.

5.5 SUSPENSION OF WORK: The CITY may suspend, in writing, all or a portion of the Work under this Agreement if unforeseen circumstances beyond the CITY’s control make normal progress of the Work impossible.

VI.

MISCELLANEOUS PROVISIONS

6.1 AUDIT OR EXAMINATION: All records and files related to the Programs shall be kept and maintained at the City Hall premises at all times. CITY shall keep and maintain all program files for the CITY and make them accessible for audit or

examination for a period of five (5) years after final payments are issued and other pending matters are closed. (24 C.F.R. Part 85, Sec. 42)

6.2 CONFLICT OF INTEREST: CONSULTANT agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of the Agreement or upon actual knowledge of a conflict of interest or potential conflict of interest during the term of this Agreement and CONSULTANT shall comply with all applicable federal, state and county laws and regulations governing conflict of interest, in accordance with 24 C.F.R. Part 85, Sec. 84.36.

6.3 COMPLIANCE WITH FEDERAL REGULATIONS:

This Agreement is subject to and incorporates the terms of Subpart K of the CDBG Regulations and all other applicable Federal Standards Provisions, inclusive of the following:

Executive Order 11246 requires that during the performance of this Agreement, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex color, or national origin.

CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex color or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by CONSULTANT setting forth the provisions of this nondiscrimination clause.

Section 3 of Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the Project area and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the Project.

Title VI of the Civil Rights Act of 1964 provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title.