IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
By:
Name:
Title:
Date:
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By:
Name:
Title:
Date:
Municipal Program
Agreement No.2024MP20
EXHIBIT A – ANNUAL PLAN CONTENTS
A-1. Description of all projects anticipated to be funded using the SCW Program Payment. Include a discussion of how the projects will result in the achievement of one or more SCW Program Goals, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-2. Description of all programs anticipated to be funded using the SCW Program Payment. Include a discussion of how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-3. Description of all operation and maintenance activities anticipated to be funded using the SCW Program Payment.
Include a discussion of how those activities will result in the achievement of one or more SCW Program Goals.
Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the SCW Program Payment, including discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-5. Description of post-construction monitoring for projects completed using the SCW Program Payment. Additional post-construction monitoring activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable Infrastructure (ISI) verification, if applicable.
A-7. Provide the budget for the activities described in provisions A1 through A-5 SCW Program Payment.
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Agreement No.2024MP20
EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement
1. SCW Program Payments distributed to the Municipality shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only for eligible expenditures consistent with the requirements of the SCW Program.
2. The Municipality shall not be entitled to interest earned on undisbursed SCW Program Payments; interest earned prior to disbursement is property of the District.
3. The Municipality shall operate in accordance with Generally Accepted Accounting Principles (GAAP).
4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW Program Payment.
B-2. Acknowledgement of Credit and Signage
The Municipality shall include appropriate acknowledgement of credit to the District’s Safe, Clean Water Program for its support when promoting activities funded with SCW Program funds or using any data and/or information developed SCW Program funds. When the SCW Program Payment is used, in whole or in part, for construction of an infrastructure Project, signage shall be posted in a prominent location at Project site(s) or at the Municipality’s headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
When the SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
B-3. Acquisition of Real Property - Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.
Any Municipality that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of the District, which consent shall not be unreasonably withheld.
B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.
B-5. Assignment
The Municipality shall not assign this Agreement.
B-6. Audit and Recordkeeping
1. The Municipality shall retain for a period of seven (7) years, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Payments. The Municipality, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Payments and expenditures.
2. The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18 of the Code. Municipality shall obtain an independent audit of their SCW Program Payments every three (3) years. Audits shall be funded with Municipal Program funds.
3. Municipality shall file a copy of all audit reports by the ninth (9 ) month from the end of each three (3) year period th Municipal Program
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to detail the preceding three (3) years of expenditures. Audit reports shall be posted on the District’s publicly accessible website. Due date example below.
Every Third Fiscal Year
Fiscal Year Audit Begins Audit Report Due to District
2023-24 7/1/2027 No later than 3/31/2028
4. Upon reasonable advanced request, the Municipality shall permit the Chief Engineer to examine the infrastructure Projects using SCW Program Payments. The Municipality shall permit the authorized District representative, including the Auditor-Controller, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination activities are considered District administration of the SCW Program.
5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.
B-7. Availability of Funds
District’s obligation to disburse the SCW Program Payment is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be obligated to make any disbursements to the Municipality under this Agreement. This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Municipality with a right of priority for disbursement over any other Municipality. If any disbursements due to the Municipality under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Municipality when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any Fiscal Year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Municipality to reflect the reduced amount.
B-8. Choice of Law
The laws of the State of California govern this Agreement.
B-9. Claims
Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under this Agreement. Municipal expenditures of a SCW Program Payment that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.
B-10. Compliance with SCW Program
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of Chapters 16 and 18 of the Code.
B-11. Compliance with Law, Regulations, etc.
The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable local, state and federal laws, rules, guidelines, regulations, and requirements.
B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of any Project funded in whole or in part with SCW Program Payments during the useful life (defined as 30 years unless specified otherwise in annual plans and subsequent reports) of the Project without prior written approval of the District.
Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of a pro rata amount of the SCW Program Payments used to fund the Project together with interest on said amount accruing from the date of lease or disposal of the Project.
B-13. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.
If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties.
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Agreement No.2024MP20
All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Municipality.
SCW Program Payments shall not be used to pay for any costs of the mediation.
The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.
B-14. Final Inspection and Certification of Registered Professional Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.
Upon completion of the project, the Municipality shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.
B-15. Force Majeure.
In the event that Municipality is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.
B-16. Funding Considerations and Exclusions
1. All expenditures of SCW Program Payments by Municipality must comply with the provisions of Chapters 16 and 18 of the Los Angeles County Flood Control District Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3.
2. SCW Program Payments shall not be used in connection with any Project implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Project implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Project implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Project was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.
B-17. Indemnification
The Municipality shall indemnify, defend and hold harmless the District, the County of Los Angeles and their elected and appointed officials, agents, and employees from and against any and all liability and expense, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any Project or Program implemented by the Municipality, in whole or in part, with SCW Program Payments or (2) any breach of this Agreement by the Municipality.
B-18. Independent Actor
The Municipality, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District.
The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202)
B-19. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Municipality, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.
B-20. Lapsed Funds
1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from Municipal Program
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the end of the fiscal year in which those funds are transferred from the District to the Municipality.
2. If the Municipality is unable to expend the SCW Program Payment within five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District.
3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality, if feasible in a reasonable time frame, or otherwise to the Watershed Area.
4. In the event that funds are to lapse, due to circumstances beyond the Municipality’s control, then the Municipality may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures.
Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.
5. The decision to grant an extension is at the sole discretion of the District.
6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception. Example Below.
Fiscal Year
Transferred
Funds Lapse
After
Extension
Request Due
Commit By
2019-20 6/30/2025 No later than
3/31/2025
No later than
6/30/2026
B-21. Municipal Project Access
Upon reasonable advance request, the Municipality shall ensure that the District or any authorized representative, will have safe and suitable access to the site of any Project implemented by the Municipality in whole or in part with SCW Program Payments at all reasonable times.
B-22. Non-Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding nondiscrimination in employment and equal employment opportunity.
B-23. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein B-24. Notice
1. The Municipality shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Municipality; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.
2. The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened against the Municipality regarding its continued existence, consideration of dissolution, or disincorporation.
3. The Municipality shall notify the District promptly of the following:
a. Any significant deviation from the submitted Annual Plan for the current Fiscal Year, including discussion of any major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in benefits or community engagement, and/or modifications that change the SCW Program Goals intended to be accomplished.
b. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Municipality agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the District has determined what actions should be taken to protect and preserve the resource. The Municipality agrees to implement appropriate actions as directed by the District. c. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District.
B-25. Municipality’s Responsibility for Work
The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project.
The District will not mediate disputes between the Municipality and any other entity concerning responsibility for Municipal Program
Agreement No.2024MP20
performance of work.
B-26. Reporting
The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Municipalities shall report available data through the SCW Reporting Module, once available.
1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure Reports, using a format provided by the District, within six (6) months following the end of the Fiscal Year to the District to detail the activities of the prior year. The Annual Progress/Expenditure Reports shall be posted on the District’s publicly accessible website and on the Municipality’s website. The Annual Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Breakdown of how the SCW Program Payment has been expended; c. Documentation that the SCW Program Payment was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code;
d. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to the Annual Plan and corresponding metrics; e. Discussion of any existing gaps between what was planned and what was achieved for the prior year, include any lessons learned;
f. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how SCW Program Payments have been used to achieve SCW Program Goals for the prior year, including graphical representation of available data and specific metrics to demonstrate the benefits being achieved through the years’ investments.
g. Discussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable. This includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW Program Goals, and increasing regional capacity to supplement the SCW Program. h. Additional financial or Project-related information in connection with activity funded in whole or in part using SCW Program Payments as required by the District.
i. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 18 of the Code.
j. Report on annual and total (since inception of program) benefits provided by programs and projects funded by SCW Program Payment. This includes comparisons to annual plans and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits and graphical representation of pertinent data):
i. Annual volume of stormwater captured and treated
ii. Annual volume of stormwater captured and reused
iii. Annual volume of stormwater captured and recharged to a managed aquifer iv. Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.
v. Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best, as outlined in Exhibit C). If none, discuss considerations explored and reasons to not include.
vi. Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons to not include.
2. Documentation of the Community Outreach and Engagement utilized for and/or achieved with the SCW Program Payment described in the Annual Plan Exhibit A. This information must be readily accessible to members of the public.
3. As Needed Information or Reports. The Municipality agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.
B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as follows:
1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Municipality, has been duly authorized by the governing body of Municipality, as applicable. This Agreement constitutes a valid and binding obligation of the Municipality, enforceable in accordance with its terms, except as such enforcement may be limited by law.
2. No Violations. The execution, delivery, and performance by the Municipality of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument Municipal Program
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to which the Municipality is a party or by which the Municipality is bound as of the date set forth on the first page hereof.
3. No Litigation. There are no pending or, to the Municipality’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Municipality's ability to complete the Annual Plan.
4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Municipality. As of the date set forth on the first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Municipality is able to pay its debts as they become due.
5. Legal Status and Eligibility. The Municipality is duly organized and existing and in good standing under the laws of the State of California. The Municipality shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority.
6. Good Standing. The Municipality must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.
B-28. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.
B-29. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
B-30. Withholding of Disbursements and Material Violations Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of the SCW Program Payment for any Fiscal Year in the event that:
1. The Municipality has violated any provision of this Agreement; or
2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an opportunity to cure.
3. Failure to remain in Good Standing, described in Section B-26 of Exhibit B.
4. Failure to submit annual reports on meeting SCW Program Goals.
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EXHIBIT C – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Municipalities shall consider incorporation of Nature-based solutions (NBS) into their projects. NBS refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.
The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may capture stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.
Municipalities are to include in each Annual Progress/Expenditure Report whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Annual Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class.
Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized.
METHODS GOOD BETTER BEST
Vegetation/Green
Space
Use of climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 5%-
15% covered by
new climate-appropriate
vegetation
Use of native, climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 16%-
35% covered by new
native vegetation
Establishment of plant
communities with a
diversity of native
vegetation
(groundcover, shrubs, and
trees) / green space that is
both native and climateappropriate
More than 35% covered by
new native vegetation
Increase of
Permeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces (e.g.
permeable pavement and
infiltration trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil health
(e.g., compaction
reduction)
Installation of vegetated
landscape – 75%-100%
paved area removed
Creation of well-connected
and self-sustained natural
landscapes with healthy
soils, permeable surfaces,
and appropriate vegetation
Protection of
Undeveloped
Mountains &
Floodplains
●Preservation of native
vegetation
●Minimal negative impact
to existing drainage
system
●Preservation of native
vegetation
●Installation of new
feature(s) to improve
existing drainage system
●Creation of open green
space
●Installation of features to
improve natural hydrology
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Creation &
Restoration of
Riparian Habitat &
Wetlands
●Partial restoration of
existing riparian habitat
and wetlands Planting of
climate appropriate
vegetation between 11 and
20 different climate
appropriate or native plant
species newly planted
●No potable water used to
sustain the wetland
●Full restoration of existing
riparian habitat
and wetlands
●Planting of native
vegetation - between 21
and 40 different native
plant species newly
planted
●No potable water used to
sustain the wetland
●Full restoration and
expansion of existing
riparian habitat and
wetlands Planting of plant
communities with a
diversity of native
vegetation – between 41
and 50 different native
plant species newly
planted
●No potable water used to
sustain the wetland
New Landscape
Elements
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Elements that design to
capture/redirect runoff and
filter pollution (e.g.
bioswales and parkway
basins), capturing the 85th
percentile 24-hour storm
event from the
entire parcel
Large sized elements that
capture and treat runoff to
supplement or replace
existing water systems
(e.g. wetlands, daylighting
streams, groundwater
infiltration, floodplain
reclamation), capturing the
90th percentile 24-hour
storm event from the entire
parcel and/or capturing offsite runoff
Enhancement of Soil
Use of soil amendments
such as mulch and
compost to retain moisture
in the soil and prevent
erosion
Planting of new climate
appropriate vegetation to
enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil, prevent
erosion, and support locally
based composting and
other
soil enhancement
activities
Planting of new native,
climate-appropriate
vegetation to enhance soil
organic matter
Use of soil amendments
such as mulch and
compost that are locally
generated, especially use
of next-generation design
with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moisture in the soil,
prevent erosion, and
support on-site
composting and other
soil enhancement
activities
Planting of new native,
climate appropriate
vegetation to enhance soil
organic matter
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EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.
1. Litter Control
• Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. • Regular inspection and maintenance of pet waste stations. • Maintaining trash receptacles.
• Removal of trash, debris, and blockages from bioswales. • Inspection and cleaning of trash booms.
• Inspection of weir gates and stop logs to clean debris, as required.
2. Vegetation Maintenance
• Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs).
o Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.
• Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth. o Prevent encroachment of adjacent property and provide vertical clearance. o Inspect for dead or diseased plants regularly.
• Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats.
o Draining and drawdown of wetland and excessive bulrush removal o Weed and nuisance plant control.
o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment.
o Wildflower and meadow maintenance.
o Grass, sedge, and yarrow management.
o Removal of unwanted hydroseed.
3. Wildlife Management
• Exotic species control.
• Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species.
• Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration).
• Avoid disturbances to nesting birds.
• Avoid spread of invasive aquatic species.
4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis. • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs.
• Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads).
Municipal Program
Agreement No.2024MP20
• Inspect shade structures for structural damage or defacement. • Inspect hardscapes.
• Inspect and maintain interpretive and informational signs. • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks). • Maintain deck areas (e.g. benches, signs, decking surfaces). • Visually inspect weirs and flap gates for damage; grease to prevent locking. • Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.
5. Irrigation System Management
• Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water.
o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers. o Inspect and repair bubbler heads.
o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
o Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation. • Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure.
• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape. • Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems. • Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content.
• Use moisture sensing devices to determine water penetration in soil.
6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity. • Inspect basins for erosion.
• Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil.
7. Ongoing Monitoring Activities
• Monitor controllable intake water flow and water elevation. • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions.
• Water quality sampling (quarterly, unless justified otherwise). • Checking telemetry equipment.
• Tracking and reporting inspection and maintenance records.
8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species. • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos. • Managing emergent vegetation.
• Using hydraulic control structures to rapidly dewater emergent marsh areas. • Managing flow velocities to reduce propagation of vectors.
Municipal Program
Agreement No.2024MP20
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STAFF REPORT
Date: May 6, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Juan Arauz, Community Development Director/Assistant City Manager, Joshua Calhoun, Finance Director
Prepared By: Cecilia Madrigal-Gonzalez, Senior Planner
Subject: Commercial Cannabis Program Update
RECOMMENDATION
The City Council is requested to:
1. Receive a presentation regarding an update on the Commercial Cannabis Program; and
2. Provide feedback on a proposed Commercial Cannabis monthly status report that would be published on the City’s website.
BACKGROUND
• In 2017, the City Council of the City of Cudahy (“City”) adopted Ordinance No. 673 (“Ordinance”) establishing the City’s commercial cannabis production activity regulations as now codified in Chapter 5.20 of the Cudahy Municipal Code (“CMC”). The CMC authorizes medicinal commercial cannabis production activity regulations including cultivation, manufacturing and distribution and authorizes such activities within the Urban Agriculture Overlay (“UA”) zone, pursuant to a Development Agreement (“DA”).
The CMC further establishes regulatory framework for those uses subject to the issuance of a Commercial Cannabis Permit (“CCP”).
• In late 2017, the City implemented the application process to begin considering applications in compliance with the City’s permit eligibility criteria, development standards and development agreement terms and conditions. As a result, the City Council approved the execution of 21 Commercial Cannabis DAs and issued CCPs to commercial cannabis businesses (“Operator(s)”) to allow the development of commercial cannabis Item Number
14F
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projects.
• The DA, among other things, is intended to further the City’s economic development objectives by ensuring that procedural requirements, project conditions and obligations are met to ensure that after a commercial cannabis application is approved, the facility would be built. If an Operator fails to comply with such requirements, the DA contains provisions specifying procedures for “defaults” that allow an opportunity to “cure” before commencing DA termination procedures. Due to the mandatory notice and hearing requirements, the termination procedure is lengthy, on average taking six months to complete.
• On June 20, 2023, the City Council approved the termination of the first Commercial Cannabis DA, followed by 11 more as of April 29, 2025. Most frequently, the reasons for termination included failure of payment obligations, unpermitted construction activities, failure to establish the approved facility, and other terms and conditions outlined in the DA. Further, one DA was voluntarily surrendered, and one DA was assigned to a new Operator.
• As of the date of this report, seven out of the 20 DAs remain in effect. Of the seven, six are operational and one is pending completion of revocation. Attachment A further details the status of each Operator.
DISCUSSION
Monthly Status Report
Previously, City staff have provided updates to the public through the publication of an Operator’s report through the bi-monthly City Manager’s report. Moving forward, City staff intends to create a webpage on the City’s website dedicated to publishing monthly reports on the status of all Operators. The webpage will also contain information on background, summary of Operators' obligations, compliance efforts, and relevant documentation. City staff has created a draft of a new monthly report for Council review and feedback, included as Attachment A. Further, City staff is seeking the City Council’s feedback on any additional content that should be included on the webpage.
Financial Update (Finance Department)
The information in this section was prepared by the City’s Finance Department with information as of the date of this report.
As described above, each Operator has three (3) forms of fees that are stipulated within each respective Development Agreement.
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• Operating Fees: Each Operator is to remit to the City a monthly operating fee that is the greater of: Square Footage of Production/Premises Space (x) $0.42 -or- 2% of Gross Receipts from Cultivation and Manufacturing and 1% of Gross Receipts from Distribution and Retail Delivery.
ο Total sq. ft. of Premises is utilized until the Operator is operational (ie. Nonoperating) and Production space when the operator is operating. • Cost Recovery Fees: City can recover reasonable cost from each Operator for processing, monitoring and other cannabis related business, including, City staff time at hourly rate, third-party vendors (ie. Legal), and other administrative costs directly related to cannabis related business.
ο Note: Effective September 2023, the City required upfront payment in the form of a deposit escrow account for each operator based on an amount for each operator on a quarterly basis. This is to allow the City to not have to up front expenses in order to timely pay for services.
• Community Benefit Program Fees: Each Operator is to remit to the City a yearly fee (or monthly payment if agreed upon) that is designated for Community Benefit Program and is established by each Operators Development Agreement. Fees from the program are to be used for, but not limited to:
ο Support for Community Events (ie. Recreation)
ο Support of local public service, public safety, etc.
The Development Agreements are a formal document that outlines the parameters of the respective fees and were mutually agreed to and signed by both the Operator and the City. The respective billing methodology done with each of the operators was performed in accordance with the Development Agreements. In situations where the operator was unable to pay due to various circumstances, the City and Operator would negotiate and enter into a repayment agreement. These billing methodologies, as they are based on a formal document, were used to formulate the City’s revenue budget amount would be expected to receive on an annual basis.
The Community Benefit revenues received from the Operators are included in the City’s budget and used for public safety (ie. Law enforcement), city personnel and operating costs, and recreation for diversionary based programs. The Community Benefits Program is approved as part of the annual approved City budget.
In December 2022, as directed by the City Council, the City offered a Cannabis Deferment and Payment Program to all Operators. The stipulations under the program were to repay accumulated fees over a 12-month period with unpaid non-operating fees being deferred until six (6) months after the operator was issued their Certificate of Occupancy. Thereafter, the accumulated amount would be repaid over 12 months. A total of 11 Operators responded and
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entered into agreements with the City in early 2023. This represented at the time $3.8 million in unpaid fees that would be repaid overtime. However, 9 operators defaulted on their repayment agreements. These operators were sent to revocation hearings and as a result the city was unable to recover $5.2 million in accumulated fees from those operators.
The Operating/Non-Operating fees established by the Development Agreement were to bring in monthly revenues from each established operator. As presented in Attachment B, the amount received was substantially less than the amount that was budgeted, respective to each fiscal year. The budget was formulated under the terms established by the Development Agreements for each active operator to bring in a minimum non-operating fee until they became active and producing gross receipts (ie. Operating revenues) over time as they produced. The City anticipated Operators to become fully operational within approximately six months from the effective date of their DAs. Some of the factors that lead to fluctuations in the amount of revenues received were related to State license processing delays, COVID-19 Pandemic and delays in the Fire Department Inspection process.
Relating to Community Benefit Program fees are like the Operating Fees as they were established by the Development Agreement through an annual fee relative to each individual operator. As also presented in Exhibit A, the amount received was substantially less than the amount budgeted respective to each fiscal year. The budget was formulated under the terms of the Development Agreement through an annual fee for all active operators. Over time, moving to FY2024, the number of operators decreased as several Operators' licenses were revoked and were no longer able to collect on those revenues.
Cost Recovery is based on amounts that can be recovered relating to direct cost for processing, monitoring and other cannabis related business, including city staff time, third-party vendors, and other administrative costs. Over time the City was able to collect and recover the cost incurred by the City that were paid upfront. However, until the City implemented the deposit escrow account the city had to front the cost.
Historical information relating to each respective fee by fiscal year is presented in Attachment B.
FINANCIAL IMPACT
The City current budget of Operating Fees ($1,164,000), Community Benefit Program Fees ($297,150) and Cost Recovery ($140,000) is based only on the active operatorsfrom the original 20 licenses that were originally issued in FY2018 and FY2019.
CONCLUSION
As discussed above, overall, the Commercial Cannabis Program has experienced operational setbacks resulting in the City revoking Commercial Cannabis DAs. This has largely contributed to a decline in the Cit’s expected financial contributions since the implementation of the Commercial Cannabis Program in 2018. Moving forward, the City will continue to focus on
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compliance efforts for the remaining active Operators, ensuring they stay up to date with their financial obligations and all other terms and conditions under their DAs.
ATTACHMENT(S)
A. List of Operators & Proposed Monthly Report Template B. Budget and Historical Financial Information
Commercial Cannabis Development Agreement Status – ALL
DA CCP OPERATOR
NAME
ADDRESS USES STATUS
DA No.
18-007C
CCP No.
18-0017
Leading Grow
Solutions, LLC 8205 Wilcox Ave.
• Cultivation
• Distribution
• Manufacturing
• Non-storefront
Delivery
OPERATIONAL
DA No.
18-013C
CCP No.
18-0013 Old and Rusty, LLC 4915 Cecilia St. • Cultivation OPERATIONAL DA No.
18-006C
CCP No.
18-0006
Med Rec Farmacy,
LLC
8346 Salt Lake
Ave.
• Cultivation
• Manufacturing
• Delivery
OPERATIONAL
DA No.
18-008C
CCP No.
18-0008
Four Star
Manufacturing, LLC
8354-8360 Wilcox
Ave.
• Cultivation
• Distribution
• Manufacturing
• Delivery
OPERATIONAL
DA No.
18-003C
CCP No.
18-0003
Highstar, LLC
(Previously NVUS, LLC) 4959 Patata St.
• Cultivation
• Manufacturing
• Distribution
• Delivery
OPERATIONAL
DA No.
18-018C
CCP No.
18-0019 Go Cudahy, LLC 4916 Cecilia St,Unit B
• Cultivation
• Distribution OPERATIONAL
DA No.
18-011C
CCP No.
18-0011 Aqua Tergere, LLC 8210 Atlantic Ave. • Manufacturing REVOCATION INPROCESS DA No.
18-019C
CCP No.
18-0019
Cuper
Development, LLC
4916 Cecilia St.
Unit A
• Cultivation
• Manufacturing
REVOCATION OF DA
AND INTEREST IN CCP
as of September 19,
2024
DA No.
18-021C
CCP No.
18-0019 Davina, LLC 4916 Cecilia St,
Unit C • Manufacturing
REVOCATION OF DA
AND INTEREST IN CCP
as of August 1, 2024
DA No.
18-016C
CCP No.
18-0019
Genius Distribution,
LLC
4916 Cecilia St,
Unit D • Distribution
REVOCATION OF DA
AND INTEREST IN CCP
as of August 1, 2024
DA No.
18-022C
CCP No.
18-0019 Herbal Dragon, LLC 4916 Cecilia St,
Unit E • Manufacturing
REVOCATION OF DA
AND INTEREST IN CCP
as of August 1, 2024
DA No.
18-020C
CCP No.
18-0019
Daniel and Goliath,
LLC
4916 Cecilia St,
Unit F • Delivery
REVOCATION OF DA
AND INTEREST IN CCP
as of August 1, 2024
DA No.
18-012C
CCP No.
18-0019 420 Club, LLC 4916 Cecilia St,
Unit G • Delivery
REVOCATION OF DA
AND INTEREST IN CCP
as of September 19,
2024
DA No.
18-014C
CCP No.
18-0014 Starcraft, LLC 4925 Cecilia St. • Cultivation
REVOCATION OF DA
AND INTEREST IN CCP
as of September 19,
2024
DA No.
18-015C CCP No.
18-0015 Staple Room, LLC 4931 Cecilia St. • Manufacturing • Distribution
REVOCATION OF DA
AND INTEREST IN CCP
as of September 19,
2024
DA No.
18-017C
CCP No.
18-0017
NYCE Guys, LLC 4907 Cecilia St.
• Cultivation
• Manufacturing
• Distribution
REVOCATION OF DA
AND INTEREST IN CCP
as of September 19,
2024
Attachment A Page 556 of 568
DA No.
18-001C
CCP No.
18-0001 VM Evergreen, LLC 8222 Atlantic Ave.
• Cultivation
• Manufacturing
• Distribution
• Delivery
• Non-Cannabis
Lounge Café
REVOCATION OF DA
AND INTEREST IN CCP
as of September 19,
2024
DA No.
18-002C
CCP No.
18-0002 420 Realty, LLC 4311 Santa Ana St.
• Cultivation
• Manufacturing
• Distribution
• Delivery
REVOCATION OF DA
AND INTEREST IN CCP
as of August 17, 2023
DA No.
18-004C
CCP No.
18-0004
Cecilia Street, LLC (Previously Natures
Natural Care Inc)
4933 Cecilia St.
• Cultivation
• Manufacturing
• Distribution
VOLUNTARY
SURRENDER OF CCP
AND DA CANCELLED
as of January 23, 2023
DA No.
18-009C
CCP No.
18-0003 E-LABS, LLC 4959 Patata St. • Cannabis
Testing
VOLUNTARY
SURRENDER OF CCP
AND DA CANCELLED
as of May 3, 2021
[EXAMPLE]
[OPERATOR NAME]
Premise Location:
Address: [ADDRESS], Cudahy CA 90201
(APN: 0000-000-00) Development Area: [X] sq. ft. – [Description of Premises] ________________________________________________________________________________________ Permits/License Details:
Development Agreement (“DA”) Commercial Cannabis Permit (“CCP”) Commercial Cannabis Activity Entered on:
[Date]
Expiring on:
[Date]
Issued on:
[Date]
Expiring on:
[Date] [List all License Types:
Cultivation, Manufacturing,
Distribution, Delivery, Noncannabis Use]
Status: [STATUS] Status: [STATUS]
DA No. 18-00XX CCP No. 18-00XX
________________________________________________________________________________________ Financial Payment Status and Obligations:
Status: [CURRENT, DEFERRAL AGREEMENT (IF
ANY), DELINQUENT, ETC.]
Total Outstanding Amount Due
as of [DATE]: [$0.00]
Financial Obligations
Community Benefit Program Cost Recovery Fees Operating Fees [$0.00] [$0.00] [$0.00]
________________________________________________________________________________________ Construction/Operating Status:
• [Status update on construction, completed, partially completed, etc.] • [Current Commercial Cannabis Activity]
• [Pending Corrections/Notices]
Notes:
Cannabis Historical Budget to Actual Activity
Budget Actual Budget Actual Budget Actual Budget Actual FY2024 1,214,000.00 1,121,604.19 297,150.00 254,434.02 625,000.00 123,613.83 2,136,150.00 1,499,652.04 FY2023 1,650,000.00 745,411.14 600,000.00 315,445.00 625,000.00 455,539.45 2,875,000.00 1,516,395.59 FY2022 1,400,000.00 975,980.73 400,000.00 318,067.00 150,000.00 130,174.26 1,950,000.00 1,424,221.99 FY2021 735,250.00 1,397,407.00 720,000.00 572,973.00 150,000.00 367,335.27 1,605,250.00 2,337,715.27 FY2020 735,250.00 334,437.00 502,000.00 289,124.00 - 1,237,250.00 623,561.00 FY2019 680,000.00 123,508.00 480,000.00 435,741.00 - 1,160,000.00 559,249.00 **Note: In FY2024, the City originally budgeted $1,901,352 in Deferment Fees to collect accumulated fees based on the Cannabis Deferment and Payment Program. However, due to 9 operators defaulting on their repayment agreements the City had to reduce the expected amount to be collected substantially during the mid-year budget process.
Operating/Non-Oper Fees Community Benefit Cost Recovery Total Attachment B Page 559 of 568
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STAFF REPORT
Date: May 6, 2025
To: Honorable Mayor/Chair and City Council/Successor Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director, CPA, Finance Director/City Treasurer Subject: Declaring the Results of the Property Owner Protest Ballot Proceeding Regarding the Formation of the Cudahy Landscaping and Lighting District
RECOMMENDATION
The City Council is requested to Approve Resolution No. 25-23, declaring the results of the property owner protest ballot proceeding conducted for the levy of assessments related to the formation of the Cudahy Landscaping and Lighting District, Fiscal year 2025/2026, and approving certain related actions.
BACKGROUND / ANALYSIS
At the February 4, 2025, City Council Meeting, the City Council adopted a Resolution of Intention which set April 15, 2025, as the public hearing date for the proposed formation of the Cudahy Landscaping and Lighting District (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972 and called for the protest ballot proceeding regarding the new assessments for the District, pursuant to the requirements of the California Constitution Article XIIID. The City of Cudahy is proposing the formation of the District to establish a dedicated revenue source to fund the expenses related to the special benefit to properties in the District for the ongoing maintenance, operation and servicing of the landscaping, traffic signals and street lighting improvements established in connection with the properties within the City.
The formation of the District will allow for the levy and collection of annual assessments on the County tax rolls commencing in Fiscal Year 2025/2026. The annual assessments which are more fully described in the Engineer’s Report will provide funding for the net special benefit costs Item Number
14G
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and expenses that are necessary to service and maintain the landscaping and lighting improvements associated with the District.
The community was able have the opportunity to provide input and address questions in a formal workshop held on March 26, 2025, where a total of 15 in-person participants and 4 virtual participants provided feedback and addressed any questions from city staff. The recording of this workshop was posted on the City’s website for those whom were not able to attend. Additionally, the community was able to contact city staff to address any questions once the ballots were sent and up until the public hearing.
At the April 15, 2025 City Council meeting, the City Council held a public hearing to receive public comment, testimony and any written protests regarding these proceedings. The City Council also authorized the opening and counting of assessment ballots in connection with the formation of the Cudahy Landscaping and Lighting District pursuant to the Landscaping and Lighting Act of 1972.
Based on the results of the ballots casted on a weighted by proportional financial obligation of each ballot, the results were:
Total Ballots Cast Yes Total No Total
$ 59,003.46 $ 11,714.55 $ 47,288.91
*Total of 375 ballots received (Yes: 85 No: 290)
The weighted ballot results resulted in a majority protest of the assessments, meaning the “No” votes exceed the “Yes” votes. City Council will now abandon any further proceedings at this time to form the District or to levy the proposed increased annual assessments.
CONCLUSION
The City Council is requested to Approve Resolution No. 25-23, declaring the results of the property owner protest ballot proceeding conducted for the levy of assessments related to the formation of the Cudahy Landscaping and Lighting District, Fiscal year 2025/2026, and approving certain related actions.
FISCAL IMPACT
No fiscal impact at this time regarding this action.
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ATTACHMENTS
A. Draft Resolution No. 25-23
RESOLUTION NO. 25-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, DECLARING THE RESULTS OF THE PROPERTY
OWNER PROTEST BALLOT PROCEEDING CONDUCTED
FOR THE LEVY OF ASSESSMENTS RELATED TO THE
FORMATION OF THE CUDAHY LANDSCAPING AND
LIGHTING DISTRICT, FISCAL YEAR 2025/2026, AND
APPROVING CERTAIN RELATED ACTIONS
WHEREAS, on April 15, 2025 the City Council called for and duly held a property owner protest ballot proceeding for the formation of the Cudahy Landscaping and Lighting District (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Part 2, Division 15 of the California Streets and Highways Code (the “Act”), and Article XIIID of the California Constitution (the “Constitution”); and WHEREAS, the purpose of this proceeding was to present to the qualified property owners within the proposed District (“Property Owners”) the question of the annual levy of assessments for the improvements associated therewith; and WHEREAS, the annual levy of assessments, as presented to the Property Owners, included and identified the initial maximum assessment rate for Fiscal Year 2025/2026, the proportional assessment amount balloted for each benefiting property as well as the annual inflationary adjustment applicable to future assessments and the total amount balloted for the District; and
WHEREAS, these assessments are intended to fund the special benefit costs and expenses related to the ongoing maintenance, operation and servicing of the landscaping, street lighting improvements, and appurtenant facilities related thereto; and WHEREAS, as of the close of the Public Hearing held on April 15, 2025, the Property Owners did cast their ballots, weighted by the proportional financial obligation of each ballot, the results of which are illustrated below:
Total Ballots Cast Yes Total No Total
$ 59,003.46 $ 11,714.55 $ 47,288.91
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cudahy as follows:
SECTION 1. The Recitals set forth above are true and correct, constitute a material part of this Resolution, and are incorporated herein in their entirety as part of the findings.
SECTION 2. The protest proceeding for the proposed Cudahy Landscaping and Lighting District was conducted in accordance with the provisions of the California Constitution with ballots presented to the affected property owner(s) for receipt by the City Clerk prior to the conclusion of the Public Hearing on April 15, 2025, with each ballot weighted according to the proportional financial obligation of the affected property.
Attachment A Page 564 of 568
Resolution No. 25-23
SECTION 3. The tabulation and canvass of the property owner protest ballots was conducted by the City Clerk or their designee on April 15, 2025, with all valid protest ballots returned by the affected property owners being counted, the results of which as shown herein, have been presented to the City Council on this May 6, 2025 and are hereby confirmed.
SECTION 4. The City Clerk is hereby directed to enter this Resolution into the minutes of the City Council, which shall constitute the official declaration of the result of such property owner protest proceeding.
SECTION 5. This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this ______ day of ____________, 2025. ______________________________
Elizabeth Alcantar Loza
Mayor
ATTEST:
_____________________________
Richard Iglesias
City Clerk
Resolution No. 25-23
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. 25-23 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 _____ day of ___________, 2025, and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Richard Iglesias
City Clerk
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STAFF REPORT
Date: May 6, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Johncito “John” Peraza, Assistant to the City Manager Subject: Park Safety and Cleanliness Discussion
RECOMMENDATION
The City Council is recommended to receive and file this report, and provide direction on resource management, public safety operations, and park infrastructure improvements to address concerns about park safety, vandalism, and homelessness in public spaces.
BACKGROUND
The condition of City parks has become a focal point of concern for both the community and City staff. In recent months, safety and cleanliness challenges have required substantial interdepartmental support, including ongoing patrolling by Community Preservation officers and daily maintenance efforts by the Public Works Department.
In an effort to increase accessibility and reduce barriers, physical infrastructure such as park fencing and gates were previously removed or left unsecured. The absence of those access controls has left public facilities open and vulnerable during overnight hours, resulting in ongoing break-ins, vandalism, and security-related concerns.
Proposalsto increase safety patrols or contract supplemental security services have not moved forward, which has further impacted staff’s ability to maintain a consistent presence across City parks during critical hours. Community Preservation officers have been reassigned from traditional enforcement duties to support park patrolling, while Public Works crews are dedicating daily labor hours to trash removal, pressure washing, and repairs related to damage or other materials.
These conditions have placed a sustained burden on limited City resources and staff, leading to service delays in other areas and limiting our ability to proactively manage park environments.
Item Number
14H
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Although City departments continue to respond diligently, the current approach has required solutions that may be difficult to sustain long term.
ANALYSIS
The current conditions in City parks highlight the need for a more sustainable and balanced approach to resource deployment. While staff continue to address issues as they arise, the increasing demand for patrolling, cleanups, and facility repairs has revealed gaps in long-term capacity. These challenges are not isolated incidents, but part of a broader trend that underscores the importance of consistent infrastructure, thoughtful policy, and interdepartmental coordination. Identifying operational improvements and revisiting prior decisions with current needs in mind can help ensure our parks remain safe, accessible, and well-maintained for the community.
CONCLUSION
To ensure parks remain safe, clean, and accessible to all, staff recommends revisiting prior infrastructure and enforcement decisions and exploring balanced, sustainable solutions that better support both public safety and operational capacity.
STRATEGIC PLAN CORRELATION
Goal A. Community Services, Programs and Activities for All
3. Ensure parks are safe, clean, welcoming, accessible to all.
FINANCIAL IMPACT
There is no direct fiscal impact from receiving this report. However, the ongoing redirection of staff resources and the cost of recurring vandalism repairs, enforcement time, and cleanups do impact City operations. Staff will return with cost estimates and funding options should the City Council direct action on any specific safety or infrastructure initiatives.
ATTACHMENTS
None.